Terms and Conditions

v1.0 – June 2021

Effective as of June 2021

This document sets out the terms and conditions (“Terms”) of using services provided by The Portfolio Collective Ltd (“TPC”, “We” or “Us”), a company registered in England & Wales, with address 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF and Company number 12699120.

If you have any questions about these Terms, please contact us at [email protected]

 

1. Introduction

 

1.1. Contract

You consent that by accessing or using our services (“Services”), you are agreeing to enter into a legally binding contract (“Contract”) with TPC (even if you are using our Services on behalf of a company).

By entering into this Contract, you agree to all of our Terms including our Code of Conduct, which governs how we make our community a safe space, and our Privacy Policy and Cookie Policy, which covers how we collect, use, share, and store your personal information.

If you do not agree to this Contract, please do not access or otherwise use any of our Services. If you wish to terminate this Contract at any time you can do so by closing your account and no longer accessing or using our Services.

 

1.2. Members and visitors

When you register and join TPC, you become a “Member”. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

 

1.3. Change

We may modify this Contract, our Code of Conduct, and our Privacy Policy and Cookie Policy from time to time. If we make material changes, we will provide you notice through our Services, or by other means, to allow you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

 

 

2. Obligations

 

2.1. Service Eligibility

Our Services are not for use by anyone under the age of 16.

To use our Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one TPC account, which must be in your real name; and (3) you are not already restricted by TPC from using our Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

“Minimum Age” means 16 years old. However, if law requires that you must be older in order for TPC to lawfully provide our Services to you without parental consent (including use of your personal data) then the Minimum Age is the age specified by law.

 

2.2. Your Account

Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account and (3) follow the law and our Code of Conduct. You are responsible for anything that happens through your account unless you close it or report misuse.

 

2.3. Paid Service Transactions

If you buy any of our paid Services (“Paid Services” e.g. memberships, workshops, masterclasses etc.), you agree to pay us the applicable fees and taxes specific to the Paid Service using a valid payment method. Failure to pay or unsuccessful settlement of these fees will result in the termination of your Paid Service. You also agree that:

    • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). Check with your payment method service provider for details.
    • We may store your payment method (e.g. credit card) for you to use to pay other Services you may buy.
    • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

Except as required by law, payments are non-refundable, including fees and other charges.

 

2.4. Subscription Terms and Payment

In the event that you place a subscription order, e.g. paid membership, the subscription fee agreed for your use of our “Paid Subscription Services” will be indicated on the order page when you place your order.

The fee will be charged to your nominated payment method on the billing date. The billing date will depend on the date that you signed up for the Paid Subscription Services and the type of subscription that you purchased.

Your access to the Paid Subscription Services will continue until you cancel your Subscription and your current subscription period comes to an end. Unless you cancel your subscription before your next billing date, youauthorise us to charge the subscription fee to your nominated payment method for the next billing period.

Payments are non-refundable and we do not provide refunds or credits for any partial billing periods.

From time to time we may change our fee and our usage/subscription plans. We will give you at least 7 days’ notice prior to any increase in the price. If you do not cancel your subscription prior to the next billing date then the new price will be deemed to be accepted.

If you downgrade your subscription to alter the Paid Subscription Services you are able to access, we will amend your fees payable on the next billing cycle. If you upgrade your subscription to alter the Paid Subscription Services you are able to access, we will amend your fees payable immediately on a pro-rata basis.

Please note that downgrading your subscription may cause you to lose features and/or data, we will in no way be liable for this.

 

2.5. Notices and Messages

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g. telephone, email, SMS, text message or post). You agree to keep your contact information up to date.

You may, at any time, update and amend your preferred method(s) of communication, opt out of receiving communications from TPC, or change your contact details by contacting us at [email protected]

 

 

3. Rights and Limits

 

3.1. Your License to TPC

As between you and TPC, you own the content and information that you submit or post on the TPC platform, and you are only granting TPC the following non-exclusive license:

A worldwide, transferable, and sublicensable right to use, copy, modify, distribute, publish, and process information and content that you provide through our Services and the services of others, without any further consent, notice, and/or compensation to you or others. These rights are limited in the following ways:

    1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others and they copied, re-shared it, or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
    2. While we may edit and make format changes to your content (such as translating or transcribing it; modifying the size, layout, or file type; or removing metadata), we will not modify the meaning of your expression.
    3. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

By submitting suggestions or other feedback regarding our Services to TPC, you agree that TPC can use and share (although not required to) such feedback for any purpose without compensation to you.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. TPC may be required by law to remove certain information or content in certain countries.

 

3.2. Service Availability

TPC reserves the right to change, suspend, or discontinue any Services or Paid Services (Paid Subscription Services or other), and such amendment shall not give rise to any liability for refund of fees paid. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

We don’t promise to store or keep showing any information and content that you’ve posted. TPC is not a storage service. You agree that we have no obligation to store, maintain, or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

 

3.3. Other Content, Sites, and Apps

By using our Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. TPC does not commit to review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.

TPC may help connect Members offering their services with Members or other companies seeking services. TPC does not perform nor employsindividuals to perform these services, and there is no obligation for Members to accept opportunities presented to them by TPC. You must be at least 18 years of age to offer, perform, or procure these services. You acknowledge that TPC does not supervise, direct, control, or monitor Members in the performance of these services and agree that (1) TPC is not responsible for the offering, performance, or procurement of these services, (2) TPC does not endorse any particular Member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between TPC andany Member offering services. If you are a Member offering services, you represent and warrant that you have all the required licenses.

Similarly, TPC may help you register for and/or attend events organised by Members and connect with other Members who are attendees at such events. You agree that (1) TPC is not responsible for the conduct of any of the Members or other attendees at such events, (2) TPC does not endorse any particular event listed on our Services, (3) TPC does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.

 

3.4. Limits

TPC reserves the right to limit your use of the Services and reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g. violating the Code of Conduct).

 

3.5. Intellectual Property Rights

TPC reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

 

3.6. Automated Processing

We use the information and data that you provide and that we have about Members to make recommendations that may be useful to you. Keeping your profile factual and up-to-date helps us to make these recommendations more accurate and relevant.

 

 

4. Disclaimer and Limit of Liability

 

4.1. No Warranty

TPC MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TPC DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

 

4.2. Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS TPC HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), TPC WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANYINDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

TPC WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS THE TOTAL FEES PAID OR PAYABLE BY YOU TO TPC FOR THE SERVICES DURING THE TERM OF THIS CONTRACT.

 

4.3. Basis of the Bargain; Exclusions

The limitations of liability in this Section 4 are part of the basis of the bargain between you and TPC and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract ,and law) even if TPC has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence, or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

 

5. Termination

 

Both you and TPC may terminate this Contract at any time with notice to the other. Should you wish to terminate this Contract, you should notify us in writing at [email protected]

On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members and/or Visitors’ rights to further re-share content and information you shared through the Services;
  • Sections 4, 6, and 7 of this Contract;
  • Any amounts owed by either party prior to termination remain owed after termination.

For information on how we handle your data post-termination, please refer to our Privacy Policy and Cookie Policy.

 

6. Governing Law and Dispute Resolution

You and TPC agree that English Law, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and TPC agree that claims and disputes can be litigated only in England and we each agree to personal jurisdiction of the courts located in England.

 

7. General Terms

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Contract, that does not mean that TPC has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that TPC may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us legal notice is at [email protected]

 

8. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.

 

9. Terms and Conditions Specific to Events

The Terms in this Section 9 are specific to any live events (in-person or virtual; paid or free) including courses, masterclasses, networking events etc. (“Events”).

 

9.1. Materials

You agree that we may include your details in any promotional materials relating to the Event and/or any materials used at the Event. We are not liable for errors or omissions contained in such information.

Unless otherwise stated, the copyright for any such promotional materials and any materials used at the Event (including course notes, slides, brochures, articles and case studies) belongs to us and may not be reproduced in any medium without our prior written consent.

You may use such materials for your own business purposes only and may not reproduce, publish, or deal with such materials in any way for any commercial use.

We reserve the right to change the published programme (including the publicised speakers) or materials as we think fit.

 

9.2. Your obligations

If you act in any way which in our opinion is likely to cause any harm or nuisance to any person at the Event, you will be required to leave the Event and we shall not be liable to refund your Registration Fee or any other payment.

 

9.3. Photography and Filming

We may wish to photograph or film the Event and reserve the right to do so for the purposes of promoting future Events or otherwise. You consent to us (or any other person attending the Event) photographing or filming you and any persons attending the Event with you. You may not photograph or video the Event without our prior consent.

 

9.4. Payment

The fee for attending the Event (“Registration Fee”) will be as stated on the registration form for the relevant Event. Prices are inclusive of VAT except where expressly stated otherwise. All payments for the Registration Fee must be made in full at the time of completing the registration form and in any event prior to the date of the Event. Payment will be made via our merchant account provider (and you consent to us passing your necessary details to the merchant account provider and to them processing necessary information about you) or directly to our bank account, as notified to you. We reserve the right to run price promotions as we think fit.

 

9.5. Refunds

If you are unable to attend the Event for any reason you may email us at [email protected] to notify us. If you notify us seven days (or more) in advance of the Event start date, we will provide you with a full refund of the amount of the Registration Fee that you have paid to us and we will make every effort to provide you with such refund within 60 days of the date of cancellation. If you notify us less than seven days in advance of the Event start date, you will receive a non-refundable credit (“Credit”) that can be used against a future Event starting within 90 days of the original Event start date.

 

9.6. Cancellation

There may be circumstances in which we need to cancel the Event. In such circumstances, we will provide you with a full refund of the amount of the Registration Fee that you have paid to us and we will make every effort to provide you with such refund within 60 days of the date of cancellation.

 

9.7. Liability and Disclaimer

Our sole liability in relation to any cancellation or postponement shall be limited to the price paid by you for such Course and we shall not be liable under any circumstances for any consequential losses .

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