This Agreement is a legal document which sets out your rights and obligations, and those of the Senior Management Network Limited, a company registered in England under registration no. 5120905 ("Senior Management Network", "we" or "us"), in relation to this site and the services offered by the Senior Management Network through it (the "Senior Management Network Service").
You must take the time to read and understand it before registering with Senior Management Network Service. By registering for the Senior Management Network Service, you understand that you are entering into a contract with us and agree to the terms of this Agreement, and you re-affirm that agreement every time you use the service. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.
The Senior Management Network's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the Senior Management Network Service (including any which may contain personal information) is, of course, accessible to internet users around the world.
People who register for the Senior Management Network Service become "Members". They must be at least 18 years of age.
Members may browse and send email messages to addresses of other Members and use the facilities provided.
We are not an internet service provider. However, in order to avail of the Senior Management Network Service, you must have internet access and all the software (and skills) required for email and web usage.
If you decide to become a Member, and therefore pay our Membership Fee, you are agreeing to take the Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. This means that you do not have the right to cancel your Membership during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000.
Your Membership will last for twelve months from that date. If you wish to continue with Membership after the expiry of that twelve month period, we will enable you to do so, at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for Membership, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 7 or Clause 8 below, will not affect your then-current Membership.
You undertake to register for the Senior Management Network Service using accurate and current information about yourself including your correct name, address and any other requested details. You also undertake only to add your details on the Senior Management Network Service. If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for the Senior Management Network Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.
Your credit or debit card payment will be made using Worldpay's secure online payment mechanism and you can make your payment using one of these cards:
You, whether you are a Member or just a non-Member who visits the Senior Management Network Service, acknowledge that we are not and cannot be responsible for the behavior of Members - whether on the Senior Management Network Service or outside of it. We only provide a venue where the Senior Management Network Service may be accessed. In particular, you should be aware that the Senior Management Network does not pre-screen or monitor the material contributed by Members.
The Senior Management Network is made available to you for lawful, personal and non-commercial use only.
The Web site may not be used by persons in jurisdictions where access to or use of the Web site(s) may be illegal or prohibited.
We reserve the right to suspend or terminate any Member's access to the Senior Management Network Service, or edit, or require the Member to edit, material posted on the Senior Management Network Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement.
Any person whose access has been suspended or terminated must not re-register for, or re-access, the Senior Management Network Service without our prior consent. You are responsible for everything which is done on or through the Senior Management Network Service while your Membership account is logged on to the Senior Management Network Service, or through your email address(es).
The Senior Management Network or its affiliates may offer new or additional services through the Senior Management Network Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the Senior Management Network Service in an appropriate manner (as determined by Senior Management Network in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.
The Senior Management Network Service is intended to be used by its Members for the purposes referred to in Clause 3 above. Accordingly, Members must not:
You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Senior Management Network Service.
Fees paid by a Member will not be rebated or refunded by Senior Management Network, unless the Senior Management Network Service for which the Member has subscribed is completely withdrawn from that Member by us other than in circumstances permitted under this Agreement.
In no part will the fee be rebated to a Member under any circumstances if the Member has sent one (or more) emails through the Senior Management Service during the period to which the Membership fee relates, irrespective of whether the recipient email address is a legitimate address or the recipient sends any reply or not.
We may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party, on terms which will be provided to you at the time.
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Senior Management Network Service, nor any activity or communication you make in connection with any Senior Management Network Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortuous or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
If you see anything on the Senior Management Network Service which appears to infringe this Agreement, then please contact us to inform us on contact@senior-management-network.co.uk . We do not generally monitor material contributed by Members before it is placed on the Senior Management Network Service, and so we are reliant upon users to point out any which infringes this Agreement.
To maintain the integrity of the Senior Management Network Service, we will, when time permits, carry out spot checks of the validity of the material and Members using this site.
Each Member acknowledges that we are entitled to withdraw any material on the Senior Management Network Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Senior Management Network Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the Senior Management Network Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, contact the Senior Management Network Service on contact@senior-management-network.co.uk.
The Senior Management Network has no control over or responsibility for the truth or accuracy of any material available on the Senior Management Network Service, whether provided by Members or others.
Accordingly, to the extent that the law permits, you release the Senior Management Network, its directors, contractors and employees from all liability arising out of or in connection with the Senior Management Network Service and the material included here by Members and other third parties.
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Senior Management Network Service (including the material and ideas which are contributed by Members) are owned by the Senior Management Network. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Senior Management Network Service, or any of the material which is found on the Senior Management Network Service unless properly licensed to do so by us.
By submitting any material to the content to the Senior Management Network Service, you:
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). The Senior Management Network will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.
Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of the Senior Management Network under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the amount equal to the sums paid by you to us by way of the Membership fee during the relevant period of twelve months, regardless of the cause or form of action.
Nothing in this Agreement limits the Senior Management Network's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Senior Management Network Service.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of the Senior Management Network assign or dispose of this Agreement.
This Agreement includes the Senior Management Network's Privacy Policy. Together they contain the whole of the agreement between us and you concerning the Senior Management Network Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
The Senior Management Network reserves the right to change this Agreement from time to time, and post the new version on the Senior Management Network Service. When we do so, we will notify you of the fact that there are changed terms on the main home page (www.senior-management-network.co.uk), and the new version of these terms and conditions will take immediate effect or on the date notified, and will govern all Senior Management Network Services and your relationship with the Senior Management Network.
If you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Senior Management Network Service.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
We don't separately file the individual Agreements entered into by members when they register for the Senior Management Service. You can access it at www.senior-management-network.co.uk. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.
You can contact the Senior Management Network at contact@senior-management-network.co.uk
or write to us at Senior Management Network, 50 West Street, Farnham, Surrey, GU9 7DX
or phone 01252 682873
Copyright © Senior Management Network Limited 2004.All site material is owned by the Senior Management Network Limited and should not be used without prior permission. Any views expressed in messages details from members represent the opinions of the author, and do not represent the opinions of the Senior Management Network Limited