Terms & Conditions

Terms & Conditions of Membership

INTERPRETATION 

  • “Agreement”: means the Agreement to be completed and submitted to the Club in order to become a Member of the Club.
  • “Club” means Foundxrs Club, trading name of MEDIA36 LIMITED with registered address of Third Floor, 207 Regent Street, London, England, W1B 3HH.
  • “Contract Term” means a period of twelve months and which is renewable on a yearly basis until the agreement is terminated by either party in accordance with these terms.
  • “Member” means the person or company who is named on the Agreement and for whom, following acceptance, the Club has agreed to provide services to, in accordance with these terms.
  • “Membership Platform” means the area on the Club’s Website that details the name, employer, business contact details, photograph and description of business (limited to between 20 and 50 words) of each Member.
  • “Membership” means the period of time when a Member is contracted to the Club.
  • “Membership Fee” means the payment made by the Member to the Club to cover membership for the Contract Term. “Membership Term” means a period of 12 months.
  • “Specified Service” means the service provided by the Club and set out below.
  • “Terms and Conditions”: means the terms and conditions of Membership set out below.
  • “Website”: means the Club’s website https://www.foundxrsclub.com

Agreement to these Terms When applying for Membership of the Club, the Member confirms that it has read and agrees to be bound by these Terms and Conditions.

SUPPLY OF THE SPECIFIED SERVICE

The Club shall at its sole discretion provide the following Specified Service to the Member:

  • access to the Foundxrs Club Membership Platform
  • access to attend open events that are part of the Foundxrs Club Events Calendar
  • opportunity to meet and network with likeminded entrepreneurs (via the Membership Platform and at digital and in-person events)

The Specified Service is given to the Member subject to these Terms and Conditions. The Club may at any time without notifying the Member make any changes to the Specified Service which are necessary to comply with any safety or other statutory requirements and/or which do not materially affect the nature or quality of the Specified Service. Any other changes or additions to the Specified Service or to these Terms will be notified to the Member in writing by the Club in advance of those changes taking place.

CONTRACT TERMS AND PAYMENTS

Membership of the Club is for a minimum Contract Term of 12 months and will continue until it is terminated by either party (see Termination of Membership Clause below). Annual Membership is subject to the Membership Fee of £1500 excluding VAT (Value Added Tax)

TERMINATION OF MEMBERSHIP

The Member may terminate the Membership by giving written notice to the Club. If notice is given during the Contract Term, a Termination fee proportional to the outstanding amount due for the minimum term, will be payable.  If already paid in full, the Member will not be refunded the Membership Fee for the Contract Term.

Either party may at any time terminate the Membership by immediate written notice if the other commits any material breach of these Terms and Conditions or goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed. Upon termination of the Membership for whatever reason all sums owed by the Member to the Club shall become due and payable by the Member with immediate effect.

WARRANTIES AND LIABILITY

The Club warrants to the Member that the Specified Service will be provided using reasonable care and skill as far as reasonably possible. Where the Club uses the service of any agent or third party (such as speakers at events) the Club does not give any warranty, guarantee or indemnity in that respect. Except in cases of death or personal injury caused by the Club’s negligence, the Club shall not be liable to the Member by reason of any representation (unless fraudulent or negligent) for any loss of profit or any indirect, special or consequential loss, damage costs, expenses or other claims (whether caused by the negligence of the Club or its agents or otherwise) which arise out of or in connection with the provision of the Specified Service and the entire liability of the Club under or in connection with the Membership or Specified Service shall not exceed the Membership Fee for that Membership Term, except as expressly provided in these Terms and Conditions. This warranty is in lieu of all other terms, conditions and warranties, expressed or implied statutory or otherwise and any other liabilities whatsoever and howsoever arising.

The Club shall not be liable to the Member or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Club’s obligations in relation to the Specified Service, if the delay or failure is due to any cause beyond the Club’s reasonable control, and time shall not be of the essence. In respect of an event cancelled by the Club for any reason whatsoever, liability shall be limited to refunding any Event Fee.

INSOLVELNCY OF MEMBER

This clause applies in the following circumstances:

  • The Member makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
  • An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Members;
  • The Member ceases, or threatens to cease, to carry on business;
  • The Club reasonably believes that any of the above events is about to happen and notifies the Member accordingly; or

If this clause applies then, without limiting any other right or remedy available to the Club, the Club may cancel the Contract or suspend Membership, including access to its Membership Platform and attendance
at Events.

PERSONAL DATA

The Member gives their express permission for their details to be added to our database for contact and marketing purposes. Your details maybe provided to a third party, see below.

Members and attendees at an Event acknowledge and accept that the Club reserves the right to publish email contact details of the attendees at each Event. The contact details may be provided to other attendees, the speaker, the venue, nominated charities or other worthy causes (as determined by the Club from time to time). If you would prefer that your contact details are not published, please let us know by contacting us at hi@foundxrsclub.com.

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MEMBER CONDUCT

Membership allows the Member to access the Membership Platform. If a Member decides to cancel their Membership, access will stop. 9.2   The Club understands that promotion of business activities to fellow members is a useful tool, however, Members are politely asked to keep direct promotions to other Members to a minimum.  The Club reserves the right to suspend the Member’s access to the Membership Platform in the event of complaints from other Members, and such complaints would constitute a breach of these Terms and Conditions.

As a Member of the Club, the Member agrees to conduct themselves in a professional and business-like manner, treating other members with respect at all times. If the Club should receive a complaint about any
Member’s behaviour, it reserves the right to suspend Membership. Such complaints would constitute a breach of these Terms and Conditions.

Membership of the Club is at the sole discretion of the Club and it reserves the right to refuse Membership.

WAIVER

No failure or delay by either party in exercising any of its rights under these Terms and Conditions shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these Terms and Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

CONFIDENTIALITY 

Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by below.

Each party may disclose the other party’s confidential information:

  • to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under these Terms and Conditions. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause; and
  • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under these Terms and Conditions.

NOTICES

Any notice to the Club is to be sent by email to hi@foundxrsclub.com. Notices to the Member will be sent to the address on the Agreement, unless the Club is otherwise informed in writing. The provisions of this clause shall not apply to the service of any proceedings or documents in any legal action.

SEVERANCE

If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.    Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms and Conditions.

VARIATION

No variation of Membership shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

FORCE MAJURE 

Neither party shall be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.

THIRD PARTIES

No one other than a party to these Terms and Conditions shall have any right to enforce any of its terms.

GOVERNING LAW

These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

JURISDICTION  

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.

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