These Terms of Services (these “Terms”) are a binding contract between you and the ladder club, limited company by guarantee under registration number 15188064 and any of its wholly-owned trading subsidiaries (hereafter “we”, “us”, “our”, or “The ladder club”). The Terms apply to your access to, and your use of The ladder club Website (“Website”), https://www.theladderclub.co.uk and other online products or services that link to these Terms (collectively, the “Services”) through our Website.

These Terms incorporate by reference our Privacy Policy, which you may find when you visit the Website.

The ladder club is an online community black women that helps bring them together to create a virtual social and professional network across the UK.

By accessing or using our Services, you thereby agree that you have read, understood, and agree or consent to be bound by these Terms and our Privacy Policy. If you do not agree with or consent to being bound any of the Terms or our Privacy Policy, you are not authorised to use our Services.

Summary of Material Terms

As provided in greater detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:

• each component of our Services is licensed, not sold, to you, and you may use the Services only as set forth in these Terms;

• the use of the Services may be subject to separate third-party terms of service and fees, including, without limitation, terms of service and fees from your mobile network operator, including fees charged for data usage and overage, which are solely your responsibility;

• you consent to the collection, use, and disclosure of your personally identifiable information in accordance with our Privacy Policy;

• the Services are provided “as is” without warranties of any kind and our liability to you is limited;

• disputes arising under these Terms will be resolved by binding arbitration, as described below; and

Target Audience

The Services are not targeted toward, marketed to, or intended for use by anyone under the age of 18. We encourage parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing their name, address and other personal information without parental consent online.

If you are using the Services on behalf of any person, you represent and warrant that you are authorised to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.

Restrictions, Ownership, and License

The materials provided, contained in or made available for use in connection with the Services (collectively, the “Materials”) are protected by law, including, but not limited to United Kingdom (UK) and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Services are controlled and operated by The ladder club from its offices within the UK. The ladder club makes no representation that any of the Services or Materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access any of the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Services and the Materials belong to The ladder club or the original creator of the material. Further, all names, designs, graphics, data, images, pictures, logos and icons on the Services and the Materials are proprietary information or proprietary marks of The ladder club or the original creator of the material. The compilation of all content, including the look and feel of the Services (including the Materials), is the exclusive property of The ladder club and is protected by UK copyright law, as applicable. Except as may be expressly provided herein, nothing contained in these Terms or elsewhere shall be construed as The ladder club conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights, to any of the Materials to you.

You are hereby granted a personal, non-exclusive, non-transferable, limited license to use the Services in accordance with these Terms. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained directly from the Services (including the Materials). Further, you may not reproduce any part of the Services (including the Materials) and any such violation with respect to the Services will terminate the license(s) granted herein.

You also may not, without the permission of The ladder club, “mirror” any of the Materials on any other server. Any unauthorised use of any of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and subject you to civil and criminal prosecution.

The following are the terms of idea submission under the Unsolicited Idea Submission Policy. All submissions, suggestions, ideas, artwork, or other information (the “Submission”), except your personal information, communicated to The ladder club through the Services become the sole and exclusive property of The ladder club. The ladder club is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future The ladder club endeavours. The ladder club will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe, without acknowledgment or compensation to you. You acknowledge that you are responsible for whatever material you submit, and that you, not The ladder club, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright.

The ladder club has the right but not the obligation to monitor and edit or remove any activity or content. The ladder club takes no responsibility and assumes no liability for any content posted by you or any third party.

The trademarks, service marks, and logos, including but not limited to The ladder club’s name, logo, and all related names, logos, and service names, service marks, designs, and slogans (the “Trademarks”) used and displayed on the Services (including the Materials) are registered and unregistered Trademarks of The ladder club or others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services (including the Materials), without the written permission of the Trademark owner. The ladder club’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without prior, written permission of The ladder club. The ladder club prohibits use of the The ladder club and/or The ladder club’s logo as a “hot” link to any website, unless The ladder club first approves the establishment of such a link writing.

User Conduct

As a specific condition of your use of any of the Services, you explicitly agree not to (a) use any of the Services for any purpose that is unlawful or prohibited by these Terms; (b) intentionally submit or transmit inaccurate information through the Services; (c) impersonate or pretend to be anyone else while using the Services; (d) use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else’s use of any of the Services; (e) attempt to gain unauthorised access to The ladder club computer systems or networks connected to The ladder club, through hacking, password mining or any other means; (f) attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way; (g) obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services; (h) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorised to access; (i) introduce any malicious or technologically harmful material into our Services; (j) develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; and (k) use our Services for any illegal or unauthorised purpose, or engage in, encourage or promote any activity that violates these Terms.

ADMISSION

 The ladder club has the right to determine the maximum number of Members at any point in time.

All applications for Membership shall be submitted by Google Form.

For the purposes of these Terms and Conditions, the use of the term “Member” applies to all members that join The ladder club through any of the above membership routes.

MEMBERSHIP TERMS AND CONDITIONS

All admissions to the Membership are subject to a Member confirming their acceptance and continued compliance with these Terms and Conditions.

Members shall be required to comply with The ladder club’s Community Values and Guidelines. This includes conduct on our online platform or conduct outside of The ladder club which, in the opinion of The ladder club community team, might be detrimental to the character or interests of The ladder club or render them unfit to associate with Members.

Without affecting obligations under the Community Values and Guidelines, the following behaviours or offences will lead to expulsion of a Member from The ladder club and termination of membership:

·   violent, abusive or intimidating conduct;

·   discrimination, harassment or bullying on the basis of class, socioeconomic background, educational background, religion, race, ethnicity, sexual orientation, gender, age, or disability towards a Member, guest or The ladder club staff or volunteers;

·   rudeness or bad language towards a Member, guest or The ladder club staff or volunteers;

·   any action likely to prejudice the premises of any The ladder club partners, including but not limited to serious insubordination under the influence of alcohol; deliberate or reckless damage to property; using or possessing illegal drugs; or any action likely to cause a disturbance to residents in neighbouring properties.

EXPULSION OR SUSPENSION

Where a Member is in breach of these Terms and Conditions, The ladder club may, by decision of the community management team, expel or suspend a Member from the Membership, provided that the Member has been given the opportunity to put their case to the community management team in writing or at a face-to-face meeting (such format being at the community management team’s discretion).

Third-Party Content

The Services may contain links to or from third-party websites. The ladder club has no control over the content or privacy policies of third-party websites that you may link to from the Services or their advertisers. If you visit a linked website, be aware that the third party operating any such website may have access to any information you submit via that website. The ladder club is not responsible for any third party’s failure to establish or abide by its or our Privacy Policy. Check the privacy policy for each website that you visit prior to submitting any personal information. Links to third-party websites do not imply endorsement of the websites by The ladder club

Revision Date, Modifications

These Terms are effective and were last updated as of the revision date at the beginning of these Terms. At any time, The ladder club may revise these Terms at our sole discretion. If we make changes, we will post the revised Terms, and update the revision date date above. We may, but are not required to, notify you by sending an email notification to the address associated with your Account or providing notice through our Services. Revisions are effective and binding when posted on the Services. Any continued use of any of the Services following any revision means you agree to the revisions. The ladder club expressly reserves the right to terminate or discontinue any of the Services at any time and for any reason, with or without notice to you.

Disclaimers

The services and all content therein are provided on an “as available” and “as is” basis, without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not represent or warrant that: (a) the services and materials are free of errors; (b) defects will be corrected; (c) the services or our servers are free of viruses or other harmful components; or (d) information communicated through the services are accurate, complete, or useful. You acknowledge and agree that your access to, reliance on, and use of the services or any content therein is at your own risk. You will be solely responsible for any damage to your device or loss of data that results from the download of such content, material and/or data. Without limiting the foregoing, we make no representation or warranty as to the quality, reliability, completeness, accuracy, timeliness, availability, security or functionality of the services or any content thereon. We will not be liable for any harm to your computer system or mobile device, or loss of data, that results from your access to or use of the services or any content, or for the deletion of, or the failure to store. The ladder club makes no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis or that defects in the services will be corrected. The services may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in internet service or other unforeseen circumstances. The services and associated content are intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

The ladder club disclaims any and all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions on or from any of the services and content therein, including but not limited to technical inaccuracies and typographical errors, (b) any third-party websites or content therein directly or indirectly accessed through links in the sites or materials provided, including but not limited to any errors in or omissions contained therein, (c) the unavailability of any of the services or any portion thereof, (d) your use of any of the services, or (e) your use of any equipment or software in connection with any of the services.

Any dealings with any third parties (including advertisers and/or sponsors) appearing on the sites or materials provided or made available in connection with participation in any offerings and any other terms, conditions, warranties or representations associated with such activities are solely between you and such advertiser or other third parties. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The ladder club does not assume any responsibility or liability for the actions and content of all these and any other third parties. You should carefully review their privacy statements or policies and other terms or conditions of use or service. The ladder club is not responsible or liable to any party who participates in any such dealings.

We attempt to display the materials and information you view on the services as accurately as possible. But we do not guarantee the accuracy of such materials and information.

Limitation of Liability

In no event will we or our directors, officers, employees, affiliates, subsidiaries, parent companies, members, trustees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to the services. Our total liability, whether in contract, warranty, tort (including negligence) or otherwise, even if forseeable, will not exceed the greater of (i) the total amount you spent on your business dealings with us during the most recent twelve-month period, or (ii) if you have not paid us, the amount of £100. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your account. Certain applicable laws may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

Disputes with Third Parties

The ladder club is not affiliated with any non-employee worker, buyer, or third-party service, and any dispute you have with any non-employee worker, buyer, third-party service, or other third party, including, without limitation, any other user of the service, is directly between you and that third party, and you irrevocably release The ladder club from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with those disputes. You will take reasonable precautions in all interactions with other users, particularly if you meet offline or in person. You assume all risk when engaging the services of any other user and in connection with using the service, including but not limited to any risks associated with sharing confidential information with any other user. Should you perform work as an independent contractor facilitated by The ladder club for a third party, you acknowledge that the third party for whom you perform such work is the party ultimately responsible for paying you for that work. Should The ladder club not receive payment from the third party, The ladder club reserves the right to require you to seek any reimbursement for your work directly from the third party. In such instance, you agree to hold The ladder club harmless and release The ladder club from any associated claims.

Governing Law and Venue

These Terms, your access to and use of the Services, and any claim or dispute you may bring against The ladder club, its affiliates, subsidiaries, parent companies, members, shareholders, agents and assigns, shall be governed by and construed and enforced in accordance with the laws of England and Wales, without regard to conflict of law rules or principles (whether of England and Wales or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

Severability

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

Assignment

If The ladder club sells its assets to or is acquired by another company, or if it merges with another organisation, you, by using the Services, authorise The ladder club to assign the information you provided to The ladder club or that The ladder club collected while you used the Services.

Consent to Electronic Communication

By using the Services, you consent to receiving electronic communications from us regarding your Account, or for operational and informational purposes. You also agree that by using the Services, you affirmatively consent to The ladder club using electronic records or your digital signature to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing and that you have not withdrawn such consent.

General

These Terms constitute the entire agreement between you and The ladder club relating to your access to and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of The ladder club. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and The ladder club’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

If you have any questions, comments or concerns about the Terms, you may contact us using the information provided below:

the ladder club
4th Floor, Silverstream House
45 Fitzroy Street
Fitzrovia
London
W1T 6EB