Terms & Conditions

Definitions

“Event” means any event, whether conference, workshop, meeting, talk, training or networking session, organised by Next-Up Limited or promoted on or booked through our Website

“Member” means any person who has paid the Subscription to gain access to and use the Next-Up Website

“Website” means the website located at http://www.nextup.com

“Subscription” means the sum of £ 299 which is inclusive of VAT, or such other sum which we may, at our option and at any time, decide

“We” “our” or “us” means Next-Up Limited, a Company registered in England & Wales

“You” or “Your” means or refers to any Member or other user of the Website

“Vacancy Board” means the list of employment vacancies and other opportunities, positions and engagements, whether paid or unpaid, on our Website.

Our Website is, principally, an information website most of which is only accessible to Members. These Terms govern access to and use of http://www.nextup.com by Members and any other users of the Next-Up Website. We may revise these Terms from time to time at our discretion for technical or legal reasons or because the needs of our business have changed.
These Terms, our Privacy Policy and any Registration Form constitute the whole agreement between us. If there is any conflict between these three documents, then the following order of precedence shall apply namely these Terms, the Privacy Policy, the Registration Form.
You are responsible for making all necessary arrangements to enable you to access our Website. We will use reasonable endeavours to make our Website available to you at all times. However, you accept there may be occasions when access to our Website may be interrupted whether for scheduled maintenance or upgrades, emergency repairs or due to failure of telecommunications links and/or equipment.
You should treat your log-in details as confidential, and you must not share them with or supply them to any other party. We have the right to disable your and any other log-in details at any time if, in our opinion, you have failed to comply with this Term, any other provision of these Terms or your log-in details have been or are being compromised in any way.
We accept no responsibility for adverts contained within our Website. If you agree to purchase products and/or services from any third party who advertises on our Website, you do so at your own risk. The advertiser, and not us, is responsible for such products and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser. Our Website may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
When completing the Registration Form and/or the Assessment or in the event you post any content or upload any material on to our Website or communicate with any other Member, you agree that:
- you will not make any offensive, obscene, false, derogatory or defamatory statements and
- you will be solely responsible for all such content, materials or statements made by you.
  
  We shall not be responsible or be liable to any Member or any third party in connection with any such contents, materials or statements. Whilst we do not monitor all postings to our Website, we reserve the right to remove any material or posting you make on it at our discretion and at any time.
Any material you upload to our Website will be considered confidential and we will not use, copy, distribute or disclose any such material to third parties unless required by law or a Court to do so or a third party claims that any material posted or uploaded by you breaches their intellectual property rights or their right to privacy.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. Such, or similar, actions may constitute a criminal offence under the Computer Misuse Act 1990 (as amended) and we reserve the right to:
- report the same to the relevant law enforcement authorities and
- co-operate with those authorities by disclosing your identity to them and/or
- terminate your right to use and gain access to our Website with immediate effect.
Third parties may create links from their websites (provided they own their websites) to the home page of our Website upon the conditions that they do so in a way that is fair and does not damage our reputation or take advantage of it or suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw this linking permission without notice. Links to or from our Website should not be taken to imply or suggest any approval, recommendation or endorsement by us of the third party or their products or services.
When attending any Event, you agree
- to comply with all security, health and safety and all other instructions prescribed by the
  venue where the Event is being held and
- not record or photograph all or part of the Event without our prior written consent.
  
  You accept that for reasons outside of our control the date and/or time and/or venue of the Event may need to be changed. If this occurs, we shall notify you of the new date and/or time and/or location. If you are unable to attend the re-scheduled Event or if an Event is cancelled then we shall refund you the Fee. (See clause 14 for further details of our refund policy)
In due course, it is intended to add a Vacancy Board to our website. This is provided for information purposes only. We do not act as a recruitment or employment agency or a recruitment business. Neither are we in the business of introducing work-seekers to recruiters and employers or vice versa. All listings on our Vacancy Board specify contact details for the recruiter or employer and you should contact them direct for any further information. Occasionally, we may agree to assist an organisation which is seeking a candidate for a particular role. If so, we may contact those Members who appear suitable for the role and ask if they would like us to pass their details on to the organisation but we will not provide a Member’s contact details to any organisation unless s/he agrees that we may do so. In passing on any information to a Member or to a recruiter or employer, no representations are made by us as to the suitability of the Member for a role or the suitability of a role for the Member.
We are and will remain at all times the owner or the licensee of all intellectual property rights (IPR) in the ‘Next-Up’ name and logo, our Website, all content displayed on our Website and the services offered via our Website. We grant Members the right to access our Website and use its content and services for their own personal use but for no other purpose: in particular, you are not permitted to copy any of the content on our Website and/or supply the same to any other person. You agree to respect our rights – and those of any identified contributor – as owner or licensee of the IPR at all times. If you wish to make use of any of the content for any purpose other than that set out above, you need to apply for our permission – please contact us at sandy@next-up.com
You acknowledge and agree that all the content on our Website is provided for information only and does not constitute advice or recommendation by us. We make no representation nor give any warranty that any result or objective is achievable or shall be achieved or attained by you from your use of our Website, the Assessment and the report based on that Assessment, the one hour of Coaching, the Vacancy Board, or your participation in any Event. All implied warranties, terms and conditions (whether by statute, common law or otherwise), including but not limited to any as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded. To the maximum extent permitted by law (we do not exclude or limit in any way our liability for death or personal injury caused by our negligence), we disclaim all liability for any loss or damage howsoever arising, whether in contract, tort (including negligence),
under statute or otherwise, from or in connection with your use of our Website, its content, the Vacancy Board and our Events including any indirect or consequential loss or damage that may be suffered by you including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill and wasted management or office time.

You acknowledge that if, notwithstanding the provisions of this Clause 13, we are held liable to you in any way it is reasonable that our liability should be capped and agree that it shall not exceed the cost of the most recent Subscription paid by you.
We do not operate a refund policy in respect of subscriptions paid by Members. However, our aim is always to treat people fairly, so we do operate a refund policy in relation to our Events. If you wish to cancel your attendance at an Event, you must contact us by email or telephone and the following policy will apply:
- Full refunds are available if notice is given up to three working days (72 hours) prior to the date of the Event.
- For cancellations where notice is given of less than three working days (72 hours) but more than 24 hours prior to the date of the Event, a credit for attendance at another Event will be given.
- Cancellations within one business day or less of the date of the Event will not receive any refund or credit, however you may substitute someone to come in your place.
- In the case of exceptional circumstances, a refund will be considered if you write to us setting out the reasons why you believe you are entitled to a refund.
We reserve the right to cancel your use of our Website and disable your and any other log-in details at any time if you breach any of these Terms. In this regard, your attention is drawn to clauses 4, 6, 8, 10 and 12.
This contract is between you and us. No other person shall have any rights under it or be entitled to enforce any of its Terms. Whilst we are entitled to assign or transfer our rights and obligations under this contract to another person, you are not permitted to do so without our prior written consent. If any clause in these Terms is adjudged unlawful or unenforceable by any Court or relevant authority, this will not affect the validity of all the other clauses which will remain in full force and effect. These terms are governed by English law and you agree to submit any dispute or claim to the exclusive jurisdiction of the English Courts.
If you wish to contact us in writing or if any of these Terms require you to give us notice in writing or if you have any questions, suggestions or complaints, then you can contact us by email using sandy@next-up.com or by pre-paid post sent to Next-Up Ltd, The Coach House, 4 Rutland Road, Harrogate, North Yorkshire, HG1 2PY. In the event we need to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address provided by you to us.