Purposeful Group Terms of Service
Last Updated: April 16th, 2022.
Welcome to Purposeful Group, we are a company based in the United Kingdom. These Terms of Service contain the terms for the access and use of the Platforms and Services provided by us.
We provide a combination of services including consultancy, masterclasses, workshops, programmes, quarterly membership subscriptions, and professional mentoring and coaching services. More information about our offerings and Services (as defined under Section 2) are also available on our website at http://www.purposefulgroup.com/ (“the Platform”). We may also use platforms and software solutions created, or offered by partners and service providers to deliver our services including; community management platforms, forum and information sharing platforms, databases, payment processing platforms, event, summit and conference platforms, and training, e-learning and education platforms.
By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first use of our Services, or acceptance by you, between Purposeful Group (hereinafter referred to as “Purposeful Group”, “we”, “us”, or “our”) and you the user (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).
2 THE SERVICES
2.1 The services are provided to you by the Company, Purposeful Group, which includes Purposeful Group, Tech Startup Academy™, Digital Careers Academy™, Freelancer Academy™ and Purposeful Publishing, of 5-7 Buck Street, London, NW1 8NJ.
Our services may include a combination of:
- Coaching and mentoring services
- Workshop / masterclass creation and delivery
- Programme creation and delivery
- Talks and seminars
- Consultancy, advice and project management
- Membership and Subscription services
- Technology related services
- Community related services
2.2 “Sessions” may also involve brainstorming, discussions, practical problem solving, and other topics, and we may move systematically through conversations about your idea, to planning, designing, developing, launching, and marketing your product, including:
2.2.1 Business Topics
- Reviewing, and providing feedback on your business plans
- Business strategy and business analysis
- Business research and competitor analysis
- Action planning, and the creation of professional, or business goals
- Progress reviews and accountability check-ins
- Project management
- Product development and innovation
- Marketing strategy
- Personal productivity
- Pitch decks and pitching
- Software development techniques, processes, and tasks
- Mapping user journeys and workflows
- App, or prototype review sessions, including wireframing, user experience (UX) reviews, product usability and customer satisfaction
- Reviewing technical and functional requirements
- Creating technical product roadmaps and planning your MVP (Minimum Viable Product)
- User testing approaches and techniques
- The prioritisation of features, technical tasks, and general business tasks
- Agile software development principles - writing user stories, and creating technical and functional requirements
- Product management
- Technical project management
- Data analysis
- The hiring, management, or coordination of your agency, technical team, or developers
- Testing and quality assurance
If you require a service which is not listed above, please let us know. We will endeavour to do our best to address your specific needs.
2.3 The Services are designed purely for educational, informative, and personal use.
2.4 We are an online centre for learning and all services are delivered online. Dependant upon location, we may occasionally offer business coaching or mentoring services via telephone.
On rare occasions we may agree to deliver the Services in person. In person delivery of Services will incur additional fees for additional time requirements, including travel time, and related expenses. We will include these additional costs in our quotation if you ask us to deliver the Services in person.
3 MEMBERSHIP, PROGRAMME AND SUBSCRIPTION SERVICES
3.1 Free Community Membership:
3.1.1 You may opt to join our free Meetup community. By opting for Free Community Membership, you will be able to freely join our Meetup group events. (Please note that a charge for attending some events may apply.) Meetup groups are online communities organised and managed via the Meetup.com platform (“Meetup Groups”). The Free Community Membership shall subsist unless terminated by us in accordance with the provisions of these Terms or if you choose to terminate the Free Community Membership by leaving the Meetup group via the Meetup.com platform. We reserve the right to close down, or cease running the free Meetup group at any time at our discretion.
3.1.2 We may charge a fee for entry into event premises with respect to Sessions organized by us (“Entry Fee”), or a participation fee to cover use or access to resources, support or information at any of our events (“participation fee.”) We shall notify you beforehand of any charges which may apply through any modes at our discretion.
3.2 Paid Membership:
3.2.1 You can purchase our Paid Membership plan by subscribing to our “Tech Startup Academy™ Quarterly Membership Subscription” via our Platform. The Paid Membership Subscription shall commence as of the day of purchase and continue for a period of three (3) months, and shall auto renew for a subsequent period of the same duration unless you cancel your Paid Membership Subscription by placing a request with us at email@example.com with “Cancellation” in the subject heading and stating your wish to cancel so that we may put a hold on your subscription payments. You may cancel your Paid Membership Subscription within 14 days from the date of purchase. If you do not wish to continue with your Paid Membership Subscription, you may cancel your Paid Membership Subscription by placing a request with us fourteen (14) days prior to the date on which your Paid Membership Subscription is set to auto renew (“Auto-Renew Cancellation Period”). If you do not cancel your Paid Membership Subscription prior to the Auto-Renew Cancellation Period, your Paid Membership Subscription will auto renew for a subsequent term of the same duration and your payment method on file will automatically be charged for a further 3 months.
3.2.2 In your Paid Membership, you will receive benefits listed below:
- Access to group mentoring twice a month.
- Message / text-based support from us through the community chat function in our online community portal.
- Access to our private community for tech founders (TSAC)
- Support resources as applicable and at our sole discretion
3.2.4 If you have attended one of our workshops before you cancel, but not any of the group mentoring / mastermind calls, we will refund, after deducting 1/7th of the total amount paid to us for the programme. Please email firstname.lastname@example.org with “Cancellation” in the subject heading and state your wish to cancel and we will provide you with a refund. If you wish to cancel having consumed more of our content, or after attending additional Sessions you may not receive a refund, and the decision regarding such a refund will be at our sole discretion.
3.3 Mentoring Sessions:
3.3.1 Session times will be arranged according to your time-zone and are based on appointment times agreed directly between you and Purposeful Group using our calendar booking system(s), arranged directly between you and Purposeful Group, or in accordance with our advertised group Programme schedules.
3.3.2 All fees are payable at least 48 hours in advance of Sessions. You may make payments to us via bank transfer, or using your Visa, MasterCard, or your American Express card directly from your invoice, or via other methods made available to you, which will be indicated at the time of payment.
3.4 Mentees’ Time bank:
3.4.1 In case a 1-1 private Session is concluded earlier than the scheduled duration, the remaining time can be carried forward towards the next Session (rounded up to the nearest five minutes). For instance, if you expend 37 minutes of a 60-minute call, you will be able to “bank” the remaining 20 minutes for a future call.
3.5 Mentoring Session Cancellation by you:
Please provide at least 24 hours’ notice if you need to cancel a Session by emailing us at email@example.com.
We will attempt in good faith to reschedule the meeting with you. If you fail to give less than 4 hours' notice of a cancellation, please note that you may be charged for your session.
3.6 The specific inclusions in any Purposeful Group Classic or Diploma programmes will be delivered to you as per the advertised dated Programme Offer. These may change at the discretion of Purposeful Group for future intakes of new customers.
4 COSTING AND PAYMENTS
The Below mentioned rates are solely for indicative purposes and may vary which will be advertised to you at the time you purchase our Services:
4.1 Small Business Payments
Standard Mentoring Sessions new entrepreneurs last for 1 hour and cost £150 per hour (unless stated otherwise by us as part of a specific discount, or special offer) payable 48 hours in advance.
We may offer a discounted hourly rate when a minimum of 3 sessions or more are booked at least 48 hours in advance of the first session.
If the Company is unable to confirm the Client’s payment on time, any pre-arranged appointment may need to be postponed until the Company is able to confirm receipt of the Client’s payment.
All fees are payable at least 48 hours in advance of Sessions. You may make payments to us via bank transfer, or using your Visa, MasterCard, or your American Express card directly from your invoice, or via other methods made available to you, which will be indicated at the time of payment.
4.2 Large Business Payments
The basic rates for mentoring services and delivery of workshops for established businesses start from a minimum base fee of £200 per hour. This does not include costs relating to required or necessary amendments to content, or to the development or design of bespoke content ("content planning and development fees"), or for the delivery of multi-session learning Programmes. Costs for such services will be confirmed with you on an individual basis.
Large Business Rates fees for delivery of workshops includes delivery of the agreed content only.
It does not include the right to retain, use, record, share, publish, upload, or distribute our copyrighted materials.
All Service Content (Defined in “Intellectual Property” clause) presented is exclusively recognised as the intellectual property of Purposeful Group, or of the individual or organisations to which content is attributed and no rights are granted to our customers with respect to our Intellectual property.
Our Service Content cannot be distributed under any circumstances without the presence of a formal licensing agreement.
Content license fees start from £10,000 for non-exclusive rights to publish and or reuse our Service Content for non-commercial purposes / for internal use within your organisation.
4.3 We may ask you to make upfront payments for our services. All payments to us shall be made in accordance with the terms specified herein these Terms and in a timely manner. In the event that you do not make timely payments or payments in line with our Terms as specified herein or as notified to you by us, we may suspend our Services and/or charge a late fee of 8% per annum applicable on the amounts owed to us by you, and in case of B2B clients or large businesses, a late fee of 8% and a fixed fee of not less than £40.
5.1 To use our Platform, or those of our partners and service providers to access our Services, you must:
5.1.1 Be at least 18 years old, and not disqualified from entering into contracts under any law;
5.1.2 Not be a direct competitor of Purposeful Group or provide any service that is in direct or indirect competition to Purposeful Group.
5.1.3 agree to our Terms; and
5.1.4 provide true, complete, and up to date contact information.
5.1.5 You represent and warrant that you have the authority to accept these Terms on behalf of any company you may be affiliated with.
5.1.6 By using the Platform and/or Services, you represent and warrant that you will use the Platform or Services, only for non-commercial purposes to help you to develop your own business, and not to compete or gain know-how that would enable you to compete with or offer similar services to us.
5.1.7 By using the Platform and/or Services, you represent and warrant that you meet all the requirements listed above and that you will not use the Platform and/or Services, in a way that violates any laws or regulations. Purposeful Group may refuse Service to any users and change eligibility requirements at any time.
5.1.8 By accepting these Terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Platform and/or Services,. If you do not meet any of the conditions stated herein, you shall not access/use the Platform and/or Services, and must cease to be a user/customer having settled any payments owed to Purposeful Group.
The Term begins as soon as you access the Platform, or begin using any of our Services and continues as long as you use the Services.
7.1 You shall adhere to the following terms:
7.1.1 With respect to Services delivered in public places, you shall strive to be on your best behaviour as any prudent person would under normal circumstances.
7.1.2 When Services take place in a public place, you are responsible for your own belongings and neither Purposeful Group, nor any third-party venue will be liable for any loss, damage, theft, or destruction of any of your belongings.
7.1.3 If a Service is being delivered at a third party venue, you hereby agree to comply with any rules and regulations as may be issued by us or provided by the third-party venue authorities. You agree to reimburse us in full and indemnify us against any claim from any third party, including associated costs, expenses and fees arising as a result of damage caused, or non-compliance while at a third-party venue.
8.1 All information shared with us during the provision of Services or use of this Platform will be treated as confidential, unless stated otherwise in writing by you, except as required by law. Exceptions to confidentiality relate to extreme circumstances such as expressed intent to harm property, systems or infrastructure, oneself, or other parties. Otherwise, all your information is confidential. All information shared with us during the course of the Services will be treated as your intellectual property and you will retain the ownership of such information except such information with respect to which you have forgone your ownership or licensed us rights as specified herein and otherwise in writing.
8.2 We expect you to maintain discretion with regards to anything you learn about businesses owned by other entrepreneurs and guests during Group Sessions.
Where we provide 3rd party services or content to your business or to your clients as a 3rd party service provider, we reserve the right to exercise our moral right to be identified as the author of the content.
8.3 We may use cloud-based software applications to deliver our services to you; to store and update your details, to email, or otherwise communicate with you, to share information with you in a range of formats online in a one-to-one or group forum, to send you invoices, to manage our marketing activities, to manage or to organise the Services we provide to you, or arrange meeting appointments, or to notify you of events and activities which concern you, or may be of interest to you. We will store details of your name and contact information for legitimate business reasons so that we can stay in contact with you and may keep basic notes in order to keep track of agreements and progress made during sessions. This information may also be stored in the cloud, or in our email systems along with any documents that you send us via email.
We will never sell our customers’ email addresses, and your email address will never be shared with 3rd parties outside of our standard business activities as outlined above which exist in order for us to deliver our services to you.
Please note that email is not a totally secure medium for the transfer of information, and despite our careful selection of 3rd party service providers to provide tools and software for sharing documents, and information, you should use your own judgement regarding the documents you decide to provide over any digital /online channels.
All matters discussed during Sessions with us are private and confidential and we confirm that we do not disclose our clients’ plans or activities with any 3rd parties.
This may include information shared verbally, or in writing for the purposes of discussion, and the development of your idea, including details of business plans, financial plans, target market(s), marketing plans, business strategies, and/or models, product features, and other information relevant to the translation of the your idea(s) into commercial software, in the form of notes, emails, documents, spreadsheets, diagrams, or other file types, or formats that you would like us to keep confidential.
Purposeful Group will only discuss your ideas and business plans with you, or with anyone else specifically authorised, or instructed by you in writing to discuss the app, features, and/or other items related to your business, or idea, and we agree to use the information provided to us for the intended purposes only.
Confidential information shall mean and include any data, or information regarding your business and operations, in particular information that specifically identifies you, or specific details about your business and its undertakings.
Purposeful Group also undertakes not to use the Confidential Information for any other reason except the Purpose, without first obtaining written agreement from you.
On occasion, Purposeful Group may wish to publish client case studies online or in written hard-copy form to give other customers a realistic representation of our products and services. In these instances, we may use clients’ first names only (unless otherwise agreed with you) and will not divulge any sensitive, or personal data about you, your idea, your software app, or your business plans.
Please ask us if you have any queries relating to this clause, or if you wish to opt out of appearing as a case study. (You may find it advantageous to provide further details for case studies as this may assist with the visibility, promotion, and marketing of your business through the use of our network.)
From time-to-time Purposeful Group and its companies may publish positive feedback and comments provided by clients. These may be displayed on its websites, or in marketing materials, and are either anonymised, or refer to by first names only. You confirm your agreement to this, unless you inform us in writing (including via email) that you do not consent to this.
Confidential information does NOT apply to:
a) Any information which is, or in future comes into the public domain (unless as a result of the breach of this Agreement)
b) Any information which is already known to Purposeful Group
c) Any information we are, or become legally bound to disclose, to prevent illegal acts, or harm to you, or to others
At any time, Purposeful Group may, or may not be working with other clients with similar ideas. This is common, and multiple founders from the entrepreneur’s locality, and / or different parts of the world may think of, or be working on similar ideas, value propositions, USPs, features, or functionality at, or around the same time. Where relevant, Purposeful Group will share its pre-existing knowledge with these clients, but NOT any methods, processes, plans, or trade secrets which relate specifically to you which do not already exist in the public domain.
Neither these Terms nor the supply of any information grants Purposeful Group any license, interest, or right in respect of any intellectual property rights relating to your business, or idea(s), except the right to store and hold notes regarding the Confidential Information solely for the purpose of supporting you.
Agreements relating to non-disclosure will continue in force for a maximum of 3 years from the date of entering into contract with you.
Purposeful Group will, on request from you, return all copies and records of Confidential Information to you, and on your request, will delete or destroy any copies, or records of the Confidential Information.
10 NO HIRE OBLIGATION
You acknowledge that Purposeful Group is involved in a competitive business. You further acknowledge that you would gain substantial benefit and that Purposeful Group would be deprived of such benefit if you were to directly hire any employees or personnel employed by Purposeful Group. Except as otherwise provided by law, you shall not, without the prior written consent of Purposeful Group, solicit the employment of Purposeful Group personnel or employees during the Term of these Terms and for a period of five (5) years following the expiration of these Terms. In the event you violate this provision, you shall immediately pay Purposeful Group an amount equal to a hundred percent (100%) of employee’s or personnel’s total annual compensation as liquidated damages.
10.2 NON-COMPETE OBLIGATIONS
You agree that during the existence of this Agreement, and for a period of five (5) years thereafter (regardless of the reasons for termination), you will not, directly or indirectly own any Competitive Business, nor engage with any business that is a competitor or would be a competitor of Purposeful Group, either directly or indirectly for the purposes of commercial benefit, nor use our proprietary or confidential information to perform the same Job Duties.
11 INTELLECTUAL PROPERTY RIGHTS
11.1 You acknowledge and agree that all content and materials provided/made available to you as part of the delivery of the Services including without limitation confidential and proprietary information shall be the sole and exclusive property of the Company. All works performed under these Terms of Service (the “Work Product”) without limitation all notes, books, e-books, presentations, toolkits, templates, files, documents, PowerPoints, slides, checklists, workbooks or worksheets, processes, audio-visual materials, videos, reports, documentation, drawings, computer programs, inventions, creation works, devices, models, work-in-progress, learning materials and deliverables shared, provided or presented to you in the course of delivering any of our Services are protected by copyright and are, and will continue to be the sole property of the Purposeful Group. Where we share other relevant resources available in the public domain, such resources will remain the property of the parties that created them. You acknowledge and agree that Purposeful Group content is provided for personal use only, that is to be used by you to help you to plan, structure, organise and develop and grow your business. You hereby acknowledge Purposeful Group’s rights, titles and interests therein, including but not limited to all audio-visual, literary, moral rights and other copyrights, patent rights, trade secret rights, and other proprietary rights therein. Purposeful Group shall have the right to use any work product, or Intellectual property according to its own discretion as the creator of the proprietary information.
11.2 The Service contain Intellectual Property of Purposeful Group in the form of content, files, documents, presentations, graphics, videos, audios, text, know-how, training materials, Work Product, content, and any other digital content (“Service Content”).
o All content in its various forms made available for the purpose of delivering the Services remains the Intellectual Property of Purposeful Group and will remain under the exclusive and sole ownership of Purposeful Group. Our products and Services, including our Books, Courses, Workshop materials, presentations and slides, Processes, Training / learning materials, Programmes, Worksheets, Templates, Checklists, Workbooks, or other documents, or written, video, or audio-based content are specifically for internal use by you, and your business. All content mentioned in this section, and 11.1, including our Work Products forms part of the Service Content.
o You must not, directly or indirectly at any time reproduce, audio record, video record, film, modify, copy, rent, lend, upload, sell, share, gift, post, share, post, publish, upload, or otherwise distribute or make available any Service Content or materials we share with, or make available to you in any format, or for any purposes to any persons, platforms, or third parties without our express written consent. This shall include content obtained via our websites, information posted, or published to training platforms used by Purposeful Group, video content or files, video conference sessions, webinars, live sessions, emails, telephone calls, or any other platforms or mediums. In addition, you will not discuss any proprietary methods taught by us with others and not divulge any proprietary information learned in Sessions and use such information to compete with us, or to make our Intellectual Property visible in the public domain.
o You may not, without our prior written consent make any copies of our content and materials, or audio or visual recordings of all or any part of our Sessions. This includes any of our materials, or other content on our Platform, and includes our workshop materials, presentations, slides, documents, or other information directly shared with you by Purposeful Group, or any agent of Purposeful Group, in whole, or part whether free, or paid without prior written permission from us, or allow third parties to gain access to the Platform or to Service Content in any manner other than as expressly permitted in this Terms of Service. The Service Content is for the delivery of learning for a specific purpose and not for external distribution for any reason. In addition, your agents, employees, or consultants engaged are to adhere to the terms stated herein and it shall be your duty to make them bound by these Terms of Service. You may only share the Service Content on receipt of written permission from Purposeful Group or the agreement of revised terms with us.
o Where written permission is granted by us, all copyright statements or other Product branding of the Company must remain in their original positions.
11.3 In order to protect our Service Content, and its availability in the public domain:
11.3.1 We do not allow any recordings of presentations / workshops or masterclasses to be made.
11.3.2 We do not send copies of our presentation decks to participants. (At our sole discretion we may make summary slides, or notes available, however this is not the norm.)
11.3.3 You do not acquire any rights of ownership by way of these Terms. Our content is not sold to you, and ownership of all content belongs to Purposeful Group. You may not share, forward, post, reuse, or repurpose Service Content available to you when you receive Services from us. All Service Content is to be used in accordance with the limited license for use granted under Section 12.
11.3.4 You agree not to permit your employees, partners, service providers. sub-contractors or other 3rd parties to take any actions which infringe upon the intellectual property rights of Purposeful Group either during or after the termination of these Terms.
11.3.5 Additionally, you agree to ensure that your employees , consultants, workers, freelancers and other third parties exposed to or having access to the Service Content are made aware of the restrictions imposed herein by way of an additional contractual clause in any agreements you hold with them to fully protect, and not to misuse or exploit our Service Content which they are exposed to in the course of performing their duties. It must be clear that content may only be used wholly and exclusively in order to complete services to you, using our content and Services only in the ways we have outlined are acceptable in this agreement, and must delete all Service Content in any formats from their devices and systems following the conclusion of their work with you with reuse being expressly prohibited.
11.4 You acknowledge and agree that the Platform, the names and logos and all related product names, design marks and slogans, and all other material comprising the Platform, are the property of the Purposeful Group or its affiliates, or service providers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material or made their platforms available to us. You are not authorised to remove, nor use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of Purposeful Group. Your use of any Platforms or the content available on them confers no title or ownership of the Platform, or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights shall remain with Purposeful Group or its third-party suppliers.
11.5 You are solely responsible for any content and other material that you submit, publish, transmit, or display on, though, or with our Platforms or the Platforms we make available for your use (“Content”). You grant us a non-exclusive, worldwide, royalty-free, and fully paid license to hold the Content, as necessary on the platform, for purposes of running the platform, and providing the Platform to you and other users of the Platform. All rights in and to the Content not expressly granted to us in these Terms are reserved by you. You may of course delete posts or information uploaded if you would like to do so. It is important to note that software Platforms may store back up copies of uploaded data or of chats or interactions.
11.6 You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of Purposeful Group and you hereby irrevocably transfer and assign to Purposeful Group such Feedback, and all associated intellectual property rights. However you shall be free to use such Feedback in the ordinary conduct of your business.
11.7 Each party agrees that monetary damages alone would not be an adequate remedy for the breach of the provisions of this Section and Purposeful Group shall be entitled to seek any legal remedy or relief to prevent any breach, or anticipated breach, by you or your delegate as is deemed proper by a court of competent jurisdiction. This right shall be in addition to Purposeful Group’s other rights in law or in equity.
Purposeful Group reserves the right to recover; loss of revenue, loss of profits and all other costs (including all legal cost) incurred in the enforcement of this clause.
11.8 It is our policy to limit access to our Services to users who infringe the intellectual property rights of Purposeful Group, or that of other individuals or businesses, as a consequence of which shall be the termination of your access to the Services. If you find that anything on our Platform infringes any copyright, please contact us using the information provided in section 26.
Subject to the Terms referred to in 11-11.9 inclusive, and in the entirety of this agreement, we grant to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to use our video content, toolkits, templates, resources or materials that we make available to you as part of any Programme or private mentoring that you undertake with us for your own personal and private use.
12.1 It is expressly prohibited without the prior express permission from Purposeful Group to use, reproduce, modify, distribute, share, host or store any Service Content either for commercial purposes or for gain, or for purposes other than private use of the Services in a manner consistent with these Terms.
12.2 Free to access content available on our social media profiles, or published in the publicly available areas of our websites may be shared via link, or using share icons, but must be left intact such that content is not copied, nor reused, edited or repurposed. All content must continue to bear our branding and be referenced as belonging to us.
12.3 Paid-for content owned by us whether audio, visual, audio-visual, live or pre-recorded, or in the form of hard copy or electronic versions of documents, or files of any type and in any format must not be shared, copied, forwarded, linked to, repurposed, posted, emailed, uploaded or otherwise made available to other persons, either on or offline. Such activities are expressly prohibited, and constitute a breach of this agreement and of our intellectual property rights.
12.4 Where we are paid to deliver live training, this does not grant the user any license, nor the right, or license to record, repurpose or reuse the content.
A formal licensing agreement is required to reuse, record, share, or replay our live content, or to use, host, or share any pre- recorded content for internal or commercial purposes. The terms of such a license, if granted by us will be based upon your proposed use of the content, and payment of an additional license fee. No such license, or permissions are granted as part of this agreement.
13 CANCELLATIONS BY PURPOSEFUL GROUP
Notwithstanding anything stated in the Terms, we reserve the right to reschedule any Services at our discretion. In the rare event that we need to reschedule an appointment with you we will use our best efforts to reschedule such services at a convenient date and time for you. We reserve the right to cancel and terminate the provision of any Service at our sole discretion, due to unforeseen and irreparable circumstances including but not limited to illness or availability of key personnel, inappropriate behaviour by the client, or actual or potential conflict of interest. If the service is cancelled and terminated under this provision, we will, wherever possible, give advance notice to you, and refund any payments made by you for Sessions not yet provided by us, or where applicable, reschedule such services, events or appointments with you.
14.1 General Purpose Information. The information contained on the Platforms and provided through the Services and Service Content or through any digital product has been prepared or conveyed by us for general guidance only.
14.2 No Warranties on Referrals. In good faith, we may suggest and/or recommend certain third-party service providers if it is of the opinion that such third-party service providers will help you in achieving specific goals. In such case, we will provide and discuss with you, the reasons behind such recommendation(s), however, the final decision to follow the guidance, recommendations, or suggestions of Purposeful Group rests with you, and Purposeful Group does not accept any liability for the outcome of any decisions or recommendations which you may decide to implement. You should always carry out your own due diligence and assess any risk before proceeding.
14.3 Member’s Own Responsibility. Purposeful Group will seek to enable you to set and achieve goals that will help to bring about your desired outcomes. You will hold the sole responsibility for any decisions you may make following any advice, or suggestion made by us. Purposeful Group accepts no liability for your actions. You are fully and exclusively responsible for any decisions that you make for your business. Purposeful Group has no liability for any loss incurred by you, whether financial, medical, or otherwise, following commencement of Services, or for any perceived failure by you, whether justified or otherwise, to achieve your desired outcomes or goals.
14.4 No Guarantees. All information is provided on an "as is" basis with no guarantees of completeness, accuracy, usefulness, or timeliness and without any warranties of any kind whatsoever, express, or implied. Any reliance you place on such information is therefore strictly at your own risk. In no event Purposeful Group shall be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from your reliance on the resources, toolkit, templates or other information in various formats, which is published on this Platform. The world of technology and software development are rapidly changing environments. We endeavour to keep abreast of the latest news and developments, but we must advise you, that you should check for the very latest news and developments when making business decisions. App owners, app marketplaces and service providers may change rules, prices or features of their services at any time, and the reputation, relevance, quality, safety, popularity, or utility of a service provider, Platform, technology company or its products or services can change at any time.
14.5 We established our business to support and help entrepreneurs and will do our utmost to protect clients' interests, however all business includes a degree of risk. We will provide our professional opinion, including presenting options, and their pros and cons, and will provide you with our services as outlined in this document, but you should perform your own due diligence when making business decisions. We cannot guarantee any particular, or specific outcome or result for clients.
By continuing with us by joining us on a telephone call, teleconference, video conference, email conversation, or paid consultation, or accepting assistance from us in any format, you proceed on the understanding that these sessions should not be used as a substitute for professional independent advice from legal, or financial professionals, specialists, or other relevant persons.
By continuing in any of the aforementioned capacities, you also confirm and acknowledge that you are wholly responsible for any decisions taken in relation to your business.
14.6 Purposeful Group belongs to the Purposeful Group of companies. Neither Purposeful Group, or any of our subsidiaries will be liable to you in respect of any loss, (including profits, sales, business, or revenue, data (or corruption of data), information or software, loss of business opportunity, loss of anticipated savings, loss of goodwill, risk, damage, or disruption, personal, technological, business, or otherwise, that is incurred as a consequence of embarking on any business venture, or in direct relation to the Services.
o Any liability or restitution due to you in respect of losses arising under or in connection with these Terms, shall be limited and under no circumstances exceed the cost of the services provided to you by Purposeful Group or any of its subsidiaries or sub brands.
14.7 If we are prevented from, or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
14.8 You agree that we may communicate with you by email sent without encryption over the internet. We shall not be responsible for any loss or damage arising from unauthorised interception, re-direction, copying or reading or emails, including any attachments, nor shall we be responsible for the effect on any computer system (or any loss or damage arising from any such effect) of any emails, attachments or viruses which may be transmitted by this means.
14.9 Members’ Feedback. Testimonials, reviews, feedback, and experiences of other users may be posted on the Platform for illustrative purposes only. The testimonials, reviews, feedback, and photos used are true and belong to legitimate users of our Services who have described their actual experience without any undue influence. Such testimonials, reviews or feedback are not intended to represent or guarantee that current or future users of Services will achieve the same or similar results; rather, it represents the enjoyment that clients have experienced when using our services, and that it is possible to achieve your desired goals.
To the maximum extent permissible by applicable law, you hereby absolutely release Purposeful Group and its affiliates as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known land unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platforms, including any disputes which may arise between users and the acts or omissions of third parties.
You hereby acknowledge that the use of our Services may involve an inherent risk to you. You voluntarily agree to assume all risks and waive and indemnify any and all claims or actions that you may have against Company, any of its subsidiaries or other affiliates and any of their respective officers, directors, employees, agents, successors and assigns for any loss, including, without limitation, damages, loss of profit, legal suits, or any cause of action that may arise in connection with the use of this service.
16 NO GUARANTEE
Outcomes are determined by market forces, choice of business idea, your specific implementation of the idea, the decisions made by you as you build your software, including a host of other market, financial, personal, procedural, internal, and external factors. Therefore, we do not guarantee any particular results but do pledge to help you make progress and to support your progression with our Service Content and Services.
You shall be responsible for all materials needed to build and support your business, save for the resources we agree to provide to you. This includes any call, travel, accommodation, and other subsistence, note taking equipment, costs or expenses incurred by you in connection with your participation in any of our Sessions.
You may require a laptop or PC, and stationery and writing materials to make notes throughout the Sessions.
17 WARRANTY DISCLAIMER.
THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. THE USE OF THE SERVICES IS AT THE USER’S SOLE RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. PURPOSEFUL GROUP, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (I) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM OR BY PURPOSEFUL GROUP IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE SERVICES PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE SERVICES SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE PLATFORM OR OTHERWISE BY US.
You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless Purposeful Group, our affiliates, including but not limited to, respective officers, directors, contractors, employees, agents, officers, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, actions, judgements, obligations, losses, expenses, damages, and interests of any nature, including legal fees, arising out of, or which may relate to your past or future: (a) use or misuse of, or access to, the Platform; (b) violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) misuse of anyone’s private data or intellectual property, will be subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defence(s) at your expense, including reasonable legal and other related fees incurred by us; d) arising from or growing out of the Platform or Services rendered pursuant to the terms of this Agreement or in any way connected with the rendering of Services, except when the same shall arise due to the willful misconduct or gross negligence of the Company and the Company is judged to be guilty of willful misconduct or gross negligence by an arbiter. The Company shall not be liable to you, to any third-party, or to anyone who may claim any right due to any relationship with you, for any acts or omissions in the performance of Services on the part of the Company or on the part of the agents or employees of the Company.
19 LIMITATION OF LIABILITY.
THE USE OF THE PLATFORM OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE PLATFORM FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) ANY FEES PAID BY YOU FOR THE USE OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD.
REMEDIES UNDER THESE TERMS OF SERVICE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.
20 GOVERNING LAW AND DISPUTE RESOLUTION
The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of the United Kingdom applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to arbitration and the jurisdiction of English Law and courts located in England and Wales with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms.
Any dispute concerning the subject matter of these Terms, or the breach, termination, or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within thirty (30) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.
We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Platform or Services (including but not limited to, the availability of any featured content, or database,) at any time or instance. We may do this by posting a notice through the Platform, via any of our communications Platforms, or alternatively, we may do so by sending you a notice via email, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications, for example by reading messages and communications that are shared with you.
When you continue to use the Services or the Platform after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform and Services is subject to the current Terms in effect at the time of use.
22 OFFERS, SCHEMES AND DISCOUNTS
Any offers, schemes and discounts shall be conveyed to you by us through any appropriate modes of our choosing such as our Platforms, third party Platforms, through emails, websites or otherwise. Any offers, schemes and discounts provided by us cannot be used in conjunction with any other offers, schemes and discounts unless specified by us explicitly in writing and should be used before the offer expiry date.
If you are not satisfied with us or our Services, you may contact us at firstname.lastname@example.org. All your complaints shall be investigated by us and our decision shall be final. If you are dissatisfied with our resolution, you may appeal our decision by sending us an email to the above mentioned email address and we will ascertain the facts, and make a final decision which shall not be appealable any further.
24.1 Entire agreement and severability. These Terms, including other supplementary or complementary written agreements that may be entered between the parties from time to time, form the entire agreement between you and us with regards to the Services. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Services. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
24.2 Relationship of the parties. You and Purposeful Group are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship with you nor any fiduciary duty.
24.3 Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider, Platform provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, pandemics, epidemics, and governmental action.
24.4 Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
24.5 Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Terms of Service. Notices to us shall be sent by email to email@example.com. You shall request written confirmation of receipt for your notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
24.6 No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
24.7 Interpretation. The headers are provided only to make these Terms easier to read and understand.
You may get in touch with us through our Platforms, website / contact us page, via email at firstname.lastname@example.org, or the address below, however, we strongly recommend that you contact us via email, or via our website, rather than posting correspondence to us:
5-7 Buck Street,