AS OF [01/08/2018] (“EFFECTIVE DATE”)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND BECOMING A MEMBER
1. APPLICATION OF TERMS AND CONDITIONS
1.1 These terms and conditions apply to all memberships between all persons and/or entities displayed on the website www.cityhive.co.uk and any other website (“Website”) operated by or on behalf of City Hive Network Limited of 71-75 Shelton Street, London WC2H 9JQ (“we” or “us”) as the case may be.
1.2 By registering to be a member of our Website, you agree to the following terms and conditions and that these prevail over any other terms, trade custom, practice or course of dealing.
1.3 The agreement between us and you, the person or entity applying for membership (“you”) and which is subject to these terms and conditions (“Agreement”), shall come into effect on the date that you apply for membership and shall continue until terminated in accordance with these terms and conditions.
2.1 We may have different types and levels of membership from time to time. The benefits of and services relating to each type of membership are set out on our Website here or as otherwise agreed with you in writing from time to time. Such benefits, entitlements or services may change from time to time without notice.
2.2 As of the Effective Date, the levels of membership available are:
- standard member (“Standard Member”) which is free membership for individuals;
- premium member (“Premium Member”) a paid for membership for individuals; and
- corporate member (“Corporate Member”) a paid for membership for businesses whereby individual staff of the Corporate Member are entitled to become Premium Members for free,and “Member” shall reference all levels of members as set out above.
2.3 Membership commences once we have approved your application to be a Member and have emailed you to confirm this.
2.4 We may at our absolute discretion refuse membership to any person or entity and we shall not be obliged to state our reasons for such refusal.
2.5 You agree to keep user details and your password for the Website confidential at all times and to not disclose them to any third party at any time for any reason.
2.6 Membership is personal to you and you may not allow any other person to take your place as a member or to attend an Event (defined below) in your place without our prior written consent.
2.7 The individual staff of the Corporate Members wishing to become Premium Members will be required to provide their work email addresses to us on an annual basis (or otherwise as requested by us in writing from time to time) to allow us to carry out verification checks. If a valid email address is not provided within 14 days of our request, we shall be entitled to terminate or suspend that individuals Premium Membership until such valid email address is provided.
3. MEMBERSHIP FEES AND PAYMENT
3.1 The fees for each type of membership are as set out on our Website here.
3.2 The fees for additional services including but not limited to advertising and the fees for Events and/or member meet ups, are not included in the membership fees and shall be as notified to you at the time.
3.3 The membership fees for Premium Members and Corporate Members are payable annually in advance and are payable on a recurring annual basis without further notice to you until we receive notice of your wish to terminate your membership in accordance with Clause 11 below.
3.4 If you have joined the membership as part of a free trial period, your first payment for membership shall be due on the date of expiry of the free trial, unless you have cancelled your membership at least 7 days before the expiry. We shall take this payment automatically and without any notice to you.
3.5 All fees are exclusive of Value Added Tax (where applicable) unless expressly stated otherwise.
3.6 If you fail to pay any amount payable under this agreement, we may charge you interest on the overdue amount or cancel your membership with us. You shall pay the interest immediately on demand, from the due date up to the date of actual payment, after as well as before judgment, at the rate of 4% per annum above the base rate for the time being of HSBC Bank Plc. Such interest shall accrue on a daily basis and be compounded quarterly.
3.7 We may vary the above membership fees from time to time but will provide you with at least 7 days’ notice of any such variation.
3.8 If we have provided you with a discount to our usual membership fees, such discount shall last for the period that we have agreed with you. If you cancel your membership and re-join, you may not be entitled to such discount.
4.1 You warrant that where you are an individual you are at least 18 years of age and where you are a company or other similar entity, that you are a bona fide legal entity duly formed in accordance with all applicable law and regulations and have full capacity and authority to enter into this Agreement.
4.2 You warrant that all information that you have provided us with or have submitted to our Website is true, accurate and not misleading in any way.
4.3 You warrant that you have not been convicted of any criminal offence (other than an offence under any road traffic legislation in the United Kingdom or elsewhere for which a fine or non-custodial penalty is imposed).
4.4 You warrant that in using our Website and being a Member of our Website, you will comply at all times with all applicable law and regulations and advertising codes of conduct.
4.5 You warrant that any website owned or controlled by you that is listed on our Website is free from illegal, defamatory, tortious or offensive content.
4.6 You warrant and undertake that you will not use our Website:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm any person (including minors) in any way;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards which are set out below;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.7 You warrant and undertake that you will not:
- access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
4.9 You warrant that any photographs of you that you upload to the Website have been taken in the 5-year period prior to you uploading the photograph.
5. EVENTS, WORKSHOPS, PROGRAMMES AND MEET UPS THAT WE (OR OUR AGENTS OR CONTRACTORS) ORGANISE (“EVENT(S)”)
5.1 We may from time to time invite you to Events (whether online or in person), including but not limited to workshops and programmes run through the City Hive experts bureau, and may make an additional charge for your attendance at these Events. Payment for Events are made online and in advance but we may at our discretion for in person Events allow attendees to pay at the door of the venue in cash or otherwise if there are spaces available. The payment will cover venue hire, and food and drink costs if we have advertised for food and/or drinks as being available at such Events.
5.2 We may offer members discount to Premium Members and Corporate Members on the standard price on such Events in amounts and frequency at our sole discretion. A discount on Events is in no way guaranteed and an offer of any discount may be withdrawn at any time before payment for the Event is made.
5.3 Individual Members may only purchase one ticket per Event [unless otherwise stated]. We reserve the right to limit the number of tickets a Corporate Member can purchase.
5.4 If we accept your offer to purchase a ticket or make a reservation for an Event, this will be confirmed by way of a confirmatory email and (where relevant) an electronic ticket (e-ticket) within 48 hours of your purchase. We reserve the right to reject any offer for any reason whatsoever and shall not be obliged to sell tickets to you or accept reservations from you.
5.5 E-tickets and confirmations of reservations will be sent to the email address that you provided us with on your registration form. No hard copy tickets or other correspondence will be sent to you.
5.6 We have the right to cancel your purchase of a ticket or a reservation for an Event if we receive any bounce-back of an email sent to the email address that you entered in the registration form.
5.7 Once you have purchased ticket(s) for an Event on our Website, such ticket(s) cannot be exchanged, transferred, refunded or returned unless the Event is cancelled, moved to another date or there is a change to the venue or start time of the Event (“Refund Event”).
5.8 In the case of a Refund Event, we will offer you in our sole discretion a new ticket for any rescheduled Event (subject to availability) up to the face value of the ticket(s) you purchased or a refund for the face value of the ticket(s) you purchased.
5.9 We may make changes to the date, time and location of any advertised Events for any reason and may cancel an Event for any reason and we shall not be liable for any such change or cancellation other than to provide you with a new ticket or refund in the case of a Refund Event.
5.10 We shall make refunds within 30 days of your valid request for a refund by crediting the account used for the ticket purchase.
5.11 You must notify us of any change in your email address as soon as possible so that we can notify you by email of any Refund Event or other information relating to the Event. However, it is your responsibility to check on our Website and take any other reasonably practicable measure to check that the Event is proceeding as originally advertised on our Website when you purchased your ticket and we accept no liability to you for you failing to do so and the Event not proceeding as advertised.
5.12 You must produce the e-ticket when requested at the entrance to the venue of any Event in order to gain access and you may not be allowed entry without such e-ticket. If you are refused entry due to not showing your e-ticket, we will not be liable to pay you any refund of monies paid by you for such Event.
5.13 We reserve the right at any Event to refuse you admission to the venue or to remove you from the venue in reasonable circumstances (including without limitation by reason of you failing a security check or your behaviour being considered to adversely affect other people's enjoyment of the Event) in which case you shall not be entitled to any refund.
5.14 We reserve the right to confiscate prohibited items from you at Events (including without limitation bottles, cans, food and drink not purchased at the Event or items that may potentially be used as a weapon).
5.15 In accordance with UK legislation, it is an offence to smoke in all enclosed public spaces and you must not do so at any enclosed Event. If you do smoke, you will be removed from the Event and will not be entitled to any refund.
5.16 You must comply with all health and safety rules and other policies of the venue at which the Event is held and if you do not, we reserve the right to require you to leave the Event immediately without a refund of any amount paid to attend such Event. It is your responsibility to check the policy and rules of the venue applicable to an Event prior to you attending such Event and we accept no liability in relation to your failure to be aware of or comply with any such policies or rules.
5.17 During all Events you must conduct yourself in a reasonable manner at all times and maintain standards of conduct which are consistent with the aims of the Event. If, in the sole opinion of the Event organiser or manager (as the case may be), your behaviour is deemed unsafe or unacceptable for whatever reason, you will, in the absolute discretion of the Event manager or organiser be removed from the Event (and, if necessary, this may be against your will). Circumstances in which this may occur include, without limitation, your intoxication; use of non-prescription drugs; disorderly, abusive or dangerous behaviour; and intentional damage to property. In such circumstances, you will not be entitled to a refund of monies and we will not be liable to pay any compensation or incidental costs or expenses that you may incur as a result of such removal or for any other loss or damage howsoever caused arising out of your removal. You will, on demand, reimburse the Event organiser or manager the reasonable costs of effecting your removal and/or any damage made to any property.
5.18 You are responsible for your own belongings that you take to an Event and neither we nor the venue will be liable for any loss, damage, theft or destruction of any of your belongings.
5.19 We may take photographs or videos at any Events and may photograph or video you and use such photographs or video for promotional purposes. By attending an Event, you agree to being photographed or videoed and consent to us using such photographs or videos for promotional purposes unless you inform us otherwise.
5.20 You may be permitted to photograph or record an Event or any part of an Event unless you are informed otherwise either before or during the Event.
5.21 Once you leave an Event, you may not be re-admitted so it is your responsibility to check with the personnel on the doors of the Event that you may be re-admitted before you leave the Event.
5.22 We do not guarantee that all of the persons who have indicated on our Website that they will attend an Event will be present.
5.23 We disclaim all liability to you in relation to Events other than as a result of any personal injury or death caused by our negligence or any liability which cannot be limited or excluded by applicable law.
6. EVENTS ORGANISED BY MEMBERS OF OUR WEBSITE OR THIRD PARTIES UNAFFILIATED WITH US (“THIRD PARTY EVENT(S)”)
6.1 We do not supervise Third Party Events (whether in person or online) organised by Members of our Website or third parties unaffiliated with us and as such disclaim in full all liability whatsoever in relation to such Third Party Events.
6.2 We cannot guarantee the true identity, age, sex, nationality or background of any of our Members and if you attend a Third Party Event organised by one of our Members you do so at your own risk.
6.3 For the avoidance of doubt, Members will not receive any discount in any form from City Hive for such Third Party Events.
7.1 City Hive is mindful of the Financial Conduct Authority’s guidance on inducements, gifts and hospitality, which is why access to Events and Third Party Events are by way of paid ticket entry. Any sponsorship of Events or Third Party Events merely represents an endorsement of our mission and should not be construed or considered in any way to be an inducement of any kind.
8. JOB BOARDS
8.1 We may from time to time allow Members and third parties to advertise jobs on our Website, for which a fee may be payable. In doing so we are in no way acting as an employment agency and hence the Conduct of Employment Agencies and Employment Business Regulations 2003 (as amended) (the “Regulations”) do not apply. You acknowledge that the Regulations do not apply. In the event that the Regulations are found to apply you specifically agree to waive any civil claim that you may have in relation to the Regulations.
8.2 If you decide to apply for a job that is advertised through our Website, you do so entirely at your own risk. We have not investigated the advertiser of the job or the position offered and you are entirely responsible for your own investigations of the employer and the position and all other matters related to the advertising of the job.
8.3 We may contact you from time to time to inform you of any job openings that we have been made aware of that may or may not appear on our Website. We will not contact you if you have previously informed us upon singing up with City Hive that you do not wish to be informed about job openings.
9. MENTORING SCHEMES
9.1 We may at our discretion invite Members to apply for mentoring schemes, subject to strict criteria for application that will be published on our Website and may be amended from time to time.
9.2 We may also at our discretion award scholarships for certain examinations that will be sponsored by a third party.
9.3 We shall have complete discretion as to who we accept onto the mentoring schemes and who we award scholarships to and shall not be obliged to provide reasons for acceptance or non-acceptance of such schemes.
9.4 If you are accepted onto the mentoring scheme, you warrant that you shall make every effort to attend each mentoring session and shall arrive promptly, shall treat all other participants courteously and shall keep all confidential information that is discussed or otherwise disclosed during such sessions strictly confidential.
9.5 The mentoring sessions shall either take place at a venue in London or online through web conferencing software, details of which shall be provided separately. If chosen to participate in the mentoring scheme, it will be your responsibility to (i) download the specified software onto your own computer hardware to participate in the online sessions and (ii) arrange and pay for your travel to any venues for in-person events.
9.6 We disclaim all liability and responsibility arising from any use of or reliance placed on any downloaded software or web conferencing software.
9.7 We may at our complete discretion on immediate notice to you remove you from a mentoring scheme and, in the event that we do so, you shall not attend any further mentoring sessions.
9.8 Any payment for mentoring schemes shall be invoiced by us and payable in advance of the start of the mentoring scheme to the bank account specified in the invoice. Should invoices not be paid within 7 days of the date of the invoice, we may suspend you from the mentoring scheme until payment of the outstanding balance is made and if payment is 30 days late or more, we may remove you from the mentoring scheme without any liability to refund you any amount.
9.9 You undertake any mentoring, entirely at your own risk. As the mentoring is provided by Members or other third parties, we accept no liability whatsoever for such mentoring.
10. ADVERTISING SERVICES
10.1 We may from time to time offer you the chance to advertise on our Website in which case the following terms and conditions shall apply:
- we will use our reasonable endeavours to ensure that your advertisement shall go live on our Website within five working days of us having received full payment of the relevant invoice in cleared funds and having received all requested materials in relation to such advertisement.;
- your advertisement shall be in the size, format and location agreed between us and as set out on the invoice;
- your advertisement shall be displayed on our Website for the period of time as agreed between us and as set out on the invoice; and
- we reserve the right to change the format, functionality, style and layout of our Website and your advertisement as we see fit.
10.2 We may from time to time offer you the chance to advertise in our newsletter in which case the following terms and conditions shall apply:
- your advertisement shall be included in the edition(s) of our newsletter as is agreed between you and us and set out on the invoice provided that we have received payment of the amount set out in the invoice in cleared funds and received the requested materials for such advertisement;
- we reserve the right to change the format, style and layout of our newsletter and your advertisement as we see fit; and
- we make no representations or warranties as to the numbers of recipients of the newsletter.
10.3 The following terms and conditions shall apply to all advertising with us:
- you warrant that your advertisement complies with all applicable law, regulation and Codes of Conduct (including without limitation the CAP Code) and you shall indemnify us and keep us indemnified for any loss, damage, claims, liabilities, charges, demands, expenses, penalties, costs (including reasonable legal and professional fees) or other liability paid, suffered, incurred or made against us arising directly or indirectly that we may suffer as a result of you breaching this condition,
- when submitting an advertisement to us, you should do so in accordance with the following rules:
- you must not use obscene or vulgar language;
- your advertisement may not contain content that is unlawful or otherwise objectionable (including that which may be in breach of rules, regulations or legislation specific to the item or service you are advertising). This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- your advertisement may not contain content that is intended to promote or incite violence;
- your advertisement should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other advertisers;
- advertisements must be written in the English language. Content in any other language may be removed at our sole discretion;
- your advertisement may not infringe the intellectual property rights of any third party including, but not limited to, copyright and trademarks;
- you must not post links to other websites containing any of the above types of content;
- the means by which you identify yourself must not violate these terms and conditions or any applicable laws;
- you must not impersonate other people or businesses;
- you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
- you must not use our system for unauthorised mass-communication such as “spam” or “junk mail”,
- we may provide specifications as to the materials to be provided by you. If you do not provide the specified materials in the manner and form specified within the time period stated, we shall not be obliged to display the advertisement on our Website or in our newsletter and no refund shall be made in relation to your payment for such advertising;
- we may reject in our absolute discretion any materials submitted by you and may require you to provide amended or additional materials;
- we do not guarantee or make any representation or warranty as to the outcome (such as response levels to advertisements) of your advertising on our Website or in our newsletter;
- all advertising content is subject to our approval and we reserve the right to reject or cancel any advertisement that we deem to be unsuitable for any reason;
- we do not guarantee any particular positioning of advertisements on our Website or in our newsletter;
- we accept no liability for any errors in any advertisements (or for errors in any content on our Website or in our newsletter);
- if you decide to withdraw your advertisement for any reason at any time following your payment of the relevant invoice, we shall not be obliged to provide you with a refund but may do so at our complete discretion taking all the circumstances into account; and
- you agree and acknowledge that we retain full editorial control over all advertisements and entries submitted by you to our Website or to our newsletter and that we will own all intellectual property rights in relation to such advertisements and entries (other than in relation to your branding and other intellectual property rights that are owned by you prior to you placing the advertisement).
11. MARKETING COMMUNICATIONS AND DATA PROTECTION
12. CANCELLATION, TERMINATION AND SUSPENSION
12.1 You may cancel your membership at any time by emailing firstname.lastname@example.org and inserting “CANCEL MEMBERSHIP” in the title of the email. You must include your full name and your reason for leaving. We will use our reasonable endeavours to remove your profile from our Website within 30 days of our receipt of your email.
12.2 If you cancel your membership in accordance with 11.1, you will not receive a refund for any unused membership.
12.3 We may suspend your profile and access to the Website or terminate your membership and the Agreement (at our option) with immediate effect in the following circumstances:
- you have materially breached these terms and conditions in any way;
- you are in our opinion transmitting or otherwise connected with any ‘spam’ or any other form of unsolicited bulk email or communication;
- your continued membership may in our reasonable opinion adversely affect our goodwill or reputation;
- you have breached any of the warranties set out in this Agreement;
- breach of, or failure to follow, any other policies that you are required to adhere to (e.g. health and safety) in place from time to time;
- you, or if you are a Corporate Member (defined below) or your company are convicted of a criminal offence;
- you (being an individual) die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation;
- in the reasonable opinion of City Hive you are not acting as a reasonable member;
- if you are Corporate Member, your business has ceased to trade; or
- without affecting any other right or remedy available to it, City Hive may terminate this Agreement on giving not less than one months' notice to you for any reason.
12.4 We may discontinue the Website (and therefore terminate your membership and the Agreement) at any time for any reason without notice to you and we shall not be liable in any way for such actions.
12.5 If you are contracting as a consumer (and not a business) you may cancel your membership within 14 days of the commencement of the Agreement and we will provide you with a full refund of any sums paid by you to us relating to your membership.
12.6 If you are contracting as a business (and not a consumer), i.e. you are a Corporate Member, you may cancel your membership within 14 days of the Agreement and we will provide you with a full refund of any sums paid by you to us relating to your membership.
13. CONSEQUENCES OF TERMINATION
13.1 Upon termination of this Agreement, your right to use the membership sections of our Website shall immediately cease. We have no obligation to maintain any of your posted content or any content within your membership section or otherwise on the Website.
13.2 Upon termination of this Agreement, we shall remove all advertising submitted to us without any liability to make any refund to you. We have no obligation to maintain any of your advertising content.
13.3 Any termination of this Agreement shall not affect any rights or liabilities that have accrued to us prior to such termination.
14. INTELLECTUAL PROPERTY
14.1 We are the owner or the licensee of all intellectual property rights in our Website, and in all of the material published on it. Such works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
14.2 You must not reproduce in any format (including on another website) any part of our Website (including content, designs, look and feel) without our prior written consent.
14.3 You grant us a perpetual, worldwide, royalty free, irrevocable licence to use all or any of your intellectual property rights in any materials, content or Contributions submitted or shown by you on our Website.
14.4 You shall, at all times during and after the term of this Agreement, indemnify us and keep us indemnified against all losses, damages, costs, claims, charges, demands or expenses and other liabilities (including reasonable legal and professional fees) incurred by, awarded against or agreed to be paid by us arising directly or indirectly from any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of a third party’s intellectual property rights arising out of your use of our Website.
14.5 We reserve the right to change the format, functionality, style and layout of our Website as we see fit.
14.6 We reserve the right to migrate all of the data on the Website to any other Website or platform that we choose without any liability to any Member and without providing any advance notice.
14.7 You warrant that any materials, content or Contributions submitted or shown by you on our Website are your property and to the best of your knowledge you are not in any way infringing or potentially infringing on the intellectual property rights of any other third party.
15. LIMITATION OF LIABILITY
15.1 Notwithstanding any other term herein, we shall not limit or exclude any liability for death or personal injury to any person by our negligence or fraud or fraudulent misrepresentation or any liability which cannot be limited or excluded by applicable law.
15.2 Subject to Clause 15.1 above:
- we exclude all liability for any loss or damage suffered by you resulting from your use of our Website or your membership (including all consequential loss or damage howsoever caused); and
- in the event that we are found liable to you for any loss or damage arising from or in connection with this Agreement, this liability shall be limited to a sum equivalent to the aggregate amount of fees paid by you in the previous 12 months from the claim arising.
15.3 You specifically agree and acknowledge that we are not liable to you for any loss or damage, for offence caused or for any threatening, defamatory, obscene, offensive or illegal content uploaded to our Website by a third party or for the infringement of any of your rights (including intellectual property rights) arising from the conduct of a third party.
15.4 You agree and acknowledge that we have no liability for our Website not being available at any time nor any liability for the deletion, corruption or failure to store any materials or content maintained or transmitted by us through our Website.
15.5 We shall have no liability for any advice, views, recommendations or ratings given on our Website that are provided by third parties.
15.6 Where we provide any content on the Website that contains advice, views or recommendations, this is done on a generic basis without considering individual circumstances and hence we shall have no liability for any such content. Further, the content on our Website is provided on an “as is” basis, for general information only. It has not been audited or verified by any third party and is subject to change at any time, without notice.
15.7 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, as to the condition, quality, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the information contained on our Website or that such content will be accurate, complete, up to date, uninterrupted or error free.
15.8 Our Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party sites and we hereby expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
15.9 We may at our discretion amend or remove any content on our Website for any reason at any time and shall have no liability whatsoever in relation to such actions.
15.10 We have not verified or performed any checks on Members or business users that may contact you and we therefore disclaim all liability in relation to the actions of other Members, business users and any other third parties in relation to our Website. You should of course take all necessary precautions regarding your safety when corresponding with or meeting with other Members, Corporate Member’s or other third parties.
15.11 We are not obliged to moderate any content on our Website and shall not be liable in any way for our failure to do so. We may remove at our complete discretion and without any liability any content added to our Website at any time by any person.
16.1 You hereby agree to, at all times during and after the term of this Agreement, indemnify us and keep us indemnified against all losses, damages, costs, claims, charges, demands or expenses and other liabilities (including reasonable legal and professional fees) suffered, incurred, made against us or agreed to be paid by us arising directly or indirectly from your breach of any of these terms and conditions.
17 FORCE MAJEURE
17.2 We shall not be liable for any losses, damages, costs, claims, liabilities, charges, demands and expenses caused directly or indirectly by, or in connection with, any failure or delay in performing any of our obligations under or pursuant to this Agreement, and any such failure or delay in performing our obligations will not constitute a breach of this Agreement, if and to the extent that such failure or delay is due to an event of Force Majeure and we shall be entitled to a reasonable extension of time for performing such obligations. “Force Majeure” means any event preventing us from performing any or all of our obligations under this Agreement which arises from or is attributable to acts, events, omissions or accidents beyond our reasonable control, including, without limitation, nationalisation, expropriation or other governmental actions; any change of law or regulation; any law, order or regulation of a governmental, supranational or regulatory body; regulation of the banking or securities industry (including changes in market rules); postal or other strikes, lock-outs or other industrial disputes (whether involving our the workforce or of any other party), act of terrorism or of God, fire, flood, storm, war, riot, civil commotion, malicious damage; failure or breakdown in communications, computer facilities or software; default of suppliers or sub-contractors; and the failure of any relevant exchange, clearing house, settlement system or broker for any reason to perform our obligations.
18.1 If any clause or part of this Agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision shall, to the extent required, be severed from this Agreement and shall be ineffective without, as far as is possible, modifying any other clause or part of this Agreement and this shall not affect any other provision of this Agreement, which shall remain in full force and effect.
19.1 We may vary these terms and conditions at any time and without notice. The latest version of these terms and conditions shall be as posted on our Website or as emailed to you. Your continued use of our Website constitutes your acceptance of any new or updated or amended terms and conditions. You should check our terms and conditions and the documents referred to herein from time to time.
20.1 No failure or delay by us to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
21.1 This Agreement is personal to you and you may not, without our prior written consent, assign, transfer, sub-contract, delegate or deal in any other manner with this Agreement. We may assign this Agreement at our discretion and without providing you with notice.
22. ENTIRE AGREEMENT
22.2 No failure on the part of a party to exercise, nor delay by it in exercising, any right or remedy under this Agreement or by law shall operate as a waiver thereof, or of any other right or remedy, nor shall any single or partial exercise or any right or remedy preclude any other further exercise of that right or remedy or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
23. THIRD PARTY RIGHTS
23.1 A person who is not a party to this Agreement (other than a successor in title, permitted assignee, or City Hive’s affiliates has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
24. GOVERNING LAW AND JURISDICTION
24.1 This Agreement is governed by, and shall be construed in accordance with, the laws of England and Wales.
24.2 The parties agree that the English courts shall have exclusive jurisdiction to determine any dispute, controversy, suit, action, proceedings or claim of whatever nature arising out of or in any way in connection with this Agreement, its subject matter or its formation (including non-contractual disputes or claims) (“Proceedings”). Each party irrevocably submits to the exclusive jurisdiction of the English courts in respect of such Proceedings and waives any objection to any such Proceedings in such courts on the grounds of venue, waives any claim that Proceedings brought in such courts have been brought in an inappropriate or inconvenient forum and further waives the right to object, with respect to such Proceedings, that such courts do not have any jurisdiction over such party.
The City Hive Network Limited ("we", “us”, “our”) are committed to protecting and respecting your privacy.
For the purpose of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “General Data Protection Regulation” or “GDPR”), the data processer and controller is City Hive Network Limited of 71-75 Shelton Street, London WC2H 9JQ.
As used in this policy, the term “Regulations” shall include the General Data Protection Regulation, as from time to time applicable, amended, restated or supplemented and any law, statute or regulation supplementing, amending, implementing and/or replacing the GDPR.
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Information we may collect from you
We may collect and process the following data about you (including without limitation):
Information that you give us: you may give us information about you by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, post material, participate in discussion boards or other social media functions on our site, request further services, and when you report a problem with our site. If you contact us, we may keep a record of that correspondence. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them. The information you give us may include your name, address, e-mail address and phone number, financial information and credit card, personal description and photograph.
Information we collect about you: with regard to each of your visits to our site we may automatically collect the following information:
technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Information we receive from other sources: we may receive further information about you of the categories set out above if you use any of the other websites we operate or the other services we provide. In this case any data collected may be shared internally and combined with data collected on this site. We may also work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us to:
estimate our audience size and usage pattern;
store information about your preferences, and so allow us to customise our site according to your individual interests;
speed up your searches; and
recognise you when you return to our site.
To find out more about how we use them, see our cookie notice (https://www.cityhive.co.uk/terms).
Uses made of the information and processing
We may use information held about you (information that you give to us, information we collect about you and information we receive from other sources) in the following ways:
Information you give to us: we may process information you give to us:
to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those that were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data;
to notify you about changes to our service;
to ensure the security of our website and services, maintaining back-ups of our databases and communicating with you and record-keeping;
for the purposes of offering, marketing and selling relevant products and/or services to you;
for the purposes of supplying goods and/or services that we may from time to time advertise and sell through our website, and keeping proper records of those transactions;
to analyse the use of the website and services;
in general, we may process any of your personal data with the purpose to comply with any legal obligation to which we are subject; and
to ensure that content from our site is presented in the most effective manner for you and for your computer.
Information you give us may comprise:
information in your website profile, which may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details;
information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website, and may comprise contact details, card and/or bank details and transaction details; and
information contained in or relating to any communication that you send to us, including any metadata associated with the communication, where applicable.
Information we collect about you: we may process information that we collect from you:
to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
to allow you to participate in interactive features of our service, when you choose to do so;
as part of our efforts to keep our site safe and/or secure;
to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them;
to collect broad demographic information for aggregate use; and
in co-operation with your internet provider, to identify you if we feel it is necessary to enforce compliance with our terms or use or to protect our service, site, users or others.
The legal basis for this processing is our legitimate interests and business and, where applicable, the proper performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and the proper administration of our website and business.
Information we receive from other sources: we may combine information that we receive about you from other sources with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
Information of third parties: you will not supply to us, and we will not accept, any other person’s personal data other than your own personal data.
Where we store your personal data
The data that we collect from you is hosted and stored by Amazon Web Services.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
You acknowledge that any personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you including payment services providers;
analytics and search engine providers that assist us in the improvement and optimisation of our site; and
insurers and/or professional advisors for the purposes of maintaining appropriate insurance levels, managing risks, obtaining legal advice and managing disputes.
We may disclose your personal information to selected third parties for the purposes set out in this policy. These selected third parties may include:
in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
if all or substantially all of our its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
to protect the rights, property, or safety of City Hive Women’s Network Limited, our members, our clients, customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
retention and deletion of personal data
We will not retain and store any personal data for longer than it is necessary for the purposes of compliance with our legal obligations under the Regulations.
We will retain your personal data for a period of not less than five years, or as any other longer period that may be imposed to us by law or by the Regulations (the “Data Retention Period”).
Upon elapsing of the Data Retention Period, all your personal data stored and retained by us will be deleted from our files and records.
Your rights under the Regulations are:
You have the right to be informed of your rights and how your personal data will be stored, treated, deleted and controlled, as all is set out in this policy.
Access to information
You have the right to access your personal data, so that you are aware of and can verify the lawfulness of the processing. The Regulations give you the right to access information held about you. Your right of access can be exercised in accordance therewith. Any access request is free of charge.
Please note that we reserve the right to charge a reasonable fee taking into account the administrative costs of providing the information and/or refuse to respond to any access request, should any such requests are manifestly unfounded or excessive, if in particular, these requests are repetitive.
If any such requests are denied, you would have the right to complain to the supervisory authority (the Information Commissioner’s Office).
You have the right to rectification of any data that is incorrect and, taking into account the purposes of the processing, you have the right to request that any incomplete information is completed.
We only use analytical cookies on our website which allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it but they do not identify you individually. They help us to improve the way our website works by ensuring that you are easily able to find what you are looking for on our website.
We only use analytical cookies which enable us to analyse the number of visitors to our website and to see how our website users navigate around our website. This helps us to improve the way our website works, for example, by ensuring that you can find what you are looking for easily.
You are able to block our cookies by activating the setting on your browser that allows you to block cookies. If you do block our cookies however, you may not be able to access all or parts of our website.
To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
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