The EX Space

Terms and Conditions

We are delighted that you have chosen to become a member of The EX Space. The Employee Experience Space Limited is a company registered in England & Wales with company number 14357829 whose registered office is at 71-75 Shelton Street , Covent Garden, London, WC2H 9JQ, United Kingdom (known hereafter as “The EX Space”, “we”, “us”, “our”). The following pages create the terms and conditions of a contract between you and Us which covers: (a) your use of our website; and (b) how we make our learning programme and other resources available to you as a Member.

Background

The EX Space is a membership-based learning platform hosted through our website www.theex.space (Website), that will help you and/or your team get the learning and development you need to improve your approach to employee experience and engagement.

We offer a subscription-based service that allows its Members to:

  • Learn about the latest trends and practices in the areas of employee experience and employee engagement.
  • Gain access to material to help you develop and refine your approach.
  • Develop new skills and ways of thinking to enable you to have more impact in your role.
  • Build your personal peer network and gain access to likeminded practitioners from other organisations around the world.
  • Participate in various online sessions, including learning courses and webinars, and pose questions to Us and other Members.

Summary

Whilst the full terms and conditions of this contract are set out further below, we have summarised the key terms of the contract as follows. Please note that this summary does not form part of our contract and if there is any conflict then you will need to rely on the contract itself.

(a) Using our website

  1. We are licensed to use all the content on our website. Generally, the content is owned by The EX Space and our Partner Institutions, but we control access to it. We ask that you please respect the content.
  2. You are not allowed to commercialise our website or the content on it (i.e. you are not allowed to make money or attract advertising to another business by using our website or the content therein).
  3. You can share our Homepage URL with others but if you only link to part of our website or copy and paste parts of it you have to acknowledge where the content comes from.
  4. We are not responsible for the content or any viruses etc on sites that we may link to.
  5. You are not permitted to develop, support or use software, devices or scripts to scrape the content on the website.
  6. We comply with all relevant laws on Privacy and Data Protection. In general, this means that we will only collect or process personal information for specific and lawful purposes, we won’t collect more than we need for those purposes or keep it for longer than necessary, we’ll do our best to keep it accurate, and we’ll keep it as safe as we can. Please see our Privacy Policy for more details.


(b) Becoming a Member

  1. You become a Member when you sign up to The EX Space and pay the appropriate Member Subscription Fee or Corporate Member Fee.
  2. You may only use the content on our platform for your own personal or business learning and you are not allowed to adapt it or distribute any of it to anybody else.
  3. As a Member you may be able to post your own content on our site. We don’t make any claim to ownership of that content, but you do give us a licence to use, display, exploit and sublicense it for any purposes associated with the provision of the website or the course. You are responsible for making sure the content of what you post does not infringe the copyright or other rights of third parties and you may be liable to them and to us for any loss or damage that they or we suffer for content you publish which infringes the rights of others.
  4. The content we provide on our platform is owned by us or by our Partner Institutions. You have no rights over that content except as provided in the contract.

Agreement

The following terms and conditions (the “Terms”) apply to our provision and your use of the information, services and materials (“Online Content and Courses”) through The EX Space website (the “Website”) including you visiting and browsing the Website (being a “Visitor”) and registering with The EX Space as a member (a “Member”).

These Terms should be read alongside, and are in addition to our policies, including our Privacy and Cookies policies (the “Policies”).

Please read these Terms carefully. These Terms are not negotiable. If you do not agree to them, you must stop using the Website and the Online Content and Courses immediately.

By using the Services you confirm that you accept these Terms and Conditions and that you agree to comply with them.

We may amend these Terms and Conditions from time to time. Every time you wish to use the Services please check these terms to ensure you understand the Terms and Conditions that apply at that time.

1. Definitions and Interpretation
1.1 Definitions

In these Terms and Conditions, unless the context requires otherwise, the following definitions shall apply:

  • “Account”: means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
  • “Agreement” means these Terms together with any fee invoice respect of the Services (whether in paper form or online).
  • “Commencement Date” means the date from which a Member subscribes to use the Services.
  • “Content”: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
  • “Digital Assets” means all proprietary and other Intellectual Property Rights belonging to The EX Space that are provided to the Member as part of the Services.
  • “Facilities”: means collectively any online facilities, tools, services or information that The EX Space makes available through the Website either now or in the future;
  • “Services”: means the services available to you through this Website, specifically use of the The EX Space proprietary e-learning platform;
  • “Payment Information”: means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
  • “System”: means any online communications infrastructure that The EX Space makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
  • “User” / “Users”: means any third party that accesses the Website and is not employed by The EX Space and acting in the course of their employment;
  • “Member”/”Members’: means any individual or corporate entity that has signed up to The EX Space and been accepted by Us.
  • “Member Subscription Fee” means the fee applicable to Members to access the Services including an individual subscription fee and a Corporate Membership fee.
  • “Subscription” means the annual subscription for the Services, which can be paid either monthly or annually.
  • “Subscription Period” means the 12 month term of the Subscription starting on the Commencement Date and any successive 12 month terms.
  • “Website”: means the website that you are currently using (theex.space) and any sub-domains of this site unless; and
  • “We/Us/Our/The EX Space”: means The Employee Experience Space Limited , a company incorporated in England & Wales with Company registration Number 14357829, located at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.

1.2 Interpretation

  • A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
  • A reference to a party includes its personal representatives, successors and permitted assigns.
  • A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
  • Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
  • A reference to writing or written includes email.

2. Membership

2.1 In order to become a Member you will need to register and subscribe to the Services. To register you must enter your name, email address and choose a password. This will create an account (Member Account). If you do not complete the Subscription process, we will email you to confirm your registration to The EX Space following which you will be able to subscribe to the Services. Our acceptance of your membership will take place upon Subscription at which point a contract will come into existence between you and us.
2.2 When creating a Member Account you must provide accurate and complete information and update this information from time to time as needed. You are solely responsible for activity that occurs on and with your Member Account. You must keep your password secure and must notify us of any breach of security or other unauthorised use of your account. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
2.3 We maintain different types of Membership for different types of Members, the details of which are available on our Website. To activate your Membership and subscribe to the Services you must choose your preferred type of Membership, payment term and payment method. Payment methods and payment terms are set out in Clause 4 of these Terms and Conditions.
2.4 With respect to a Corporate Membership the company shall be the administrator of the Membership. Employees of the company (each an Authorised User) shall have access to the Services and shall each create a separate Member Account. The company shall have access to a maximum number of Member Accounts pursuant to its Subscription. Each Authorised User must provide accurate and complete information when creating a Member Account and must keep its password secure. The passwords for each Member Account shall not be shared with any non Authorised Users.
2.5 The EX Space grants you a non-exclusive, non-transferable, revocable licence to use the Digital Assets in relation to the provision of the Services during the term of the Subscription Period.
2.6 The EX Space shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven (7) days a week except for: (i) planned maintenance; and (ii) unscheduled maintenance performed outside normal business hours. The EX Space does not warrant that the use of the Services will be uninterrupted or error free. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

3. Use of Services

3.1 You shall ensure that your use of the Services including any Member Content that you post does not infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights). You should be aware that you use the Website and its Content at your own risk.
3.2 We reserve the right to remove content where we reasonably suspect such content is Inappropriate Content and to immediately suspend or terminate Membership if a Member posts Inappropriate Content.
3.3 A Corporate Member must procure that each Authorised User complies with the terms of this Agreement.
3.4 You shall not advertise your own products or services or those products and services of a third party as part of your use of the Services (Unauthorised Advertisements). We reserve the right to remove Unauthorised Advertisements and to immediately suspend or terminate Membership if a Member posts Unauthorised Advertisements.
3.5 You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that arises as a result of any material posted to, or linked to, the website constitutes Inappropriate Content.

4. Payment

4.1 In consideration for the Services, We shall charge a Member Subscription Fee. Payment shall either be taken at the time you become a Member by credit card or, for corporate memberships, on payment of an invoice. Such payment to be within 30 days of the date of invoice (Due Date). If the Member Subscription Fee is not paid in full by the Due Date, We may, without limiting its further rights, charge interest at 5% a year above the NatWest Bank base rate applicable at that time. Such interest shall accrue on a daily basis from the Due Date until the actual date of payment.
4.2 We reserve the right to suspend or terminate your Membership at our sole discretion in the event that you fail to pay the Membership Subscription Fee.
4.3 Payment taken at the time you become a Member by credit card is processed by our payment partners. Payment is subject to our payment partner’s Terms and Conditions. We do not accept any responsibility or liability for these terms.
4.3 Payment taken at the time you become a Member by credit card is processed by our payment partners. Payment is subject to our payment partner’s Terms and Conditions. We do not accept any responsibility or liability for these terms.
4.4 The EX Space reserves the right to charge any associated fees from a payment provider or transaction fees that may apply if payment is being made from overseas.
4.5 Unless otherwise expressly provided in these Terms and Conditions, all amounts referred to in these Terms and Conditions, including the Member Subscription Fee, are exclusive of value added tax (VAT) or otherwise applicable sales taxes which, where chargeable by The EX Space, shall be payable by you at the rate and in the manner prescribed by law.
4.6 Whilst every effort has been made to ensure that all general descriptions of Services available from The EX Space correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
4.7 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
4.8 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

5. Warranties

5.1 The EX Space warrants that: (i) it shall use due care and follow highest professional standards while providing the Services; (ii) it has all necessary rights, authorisations and licences to provide the Services; (iii) it shall provide the Services in accordance with all applicable laws; and (iv) use of the Digital Assets shall not infringe or violate any, copyrights, trade secrets, licences or other proprietary rights of any third party. For the avoidance of doubt The EX Space explicitly does not warrant the accuracy or otherwise of any Member Content. The EX Space assumes no responsibility for any content displayed on behalf of other Members on the Website, including all Member Content and neither does The EX Space warrant the accuracy or suitability or assume any liability in respect of any applications.
5.2 The Member warrants that it shall (i) provide The EX Space with all necessary co-operation and access to all necessary information as may be reasonably required for US to provide the Services; (ii) not access, store, distribute or transmit any viruses; (iii) obtain any necessary consents necessary to receive the Services; (iv) not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Digital Assets in any form or media or by any means or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Digital Assets; and (v) shall only use the Services in accordance with the terms of this Agreement.

6. Intellectual Property

6.1 Subject to the exceptions in Clauses 4.3 & 4.4 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The EX Space , our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
6.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
6.3 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.4 As a Member receiving the Services and save in relation to the licence granted in Clause 2.4, you agree to keep confidential all information provided as part of the Services for the period of the Subscription Term and for a period of 5 years following the expiry of the Subscription Term.

7. Data protection

7.1 Both parties shall comply with their obligations under Data Protection Laws.
7.2 “Data Protection Laws” means applicable laws relating to: (i) data protection; (ii) privacy; and (iii) restrictions on, or requirements in respect to the processing of personal data of any kind, including the EU General Data Protection Regulation 2016/679. “Data Controller”, Data Processor”, “Data Subject”, Personal Data” and “Processing” shall have the same meanings as in the Data Protection Laws and shall be construed accordingly. Neither party shall do anything that would cause the other party to be in breach of its obligations under the Data Protection Laws. Each party shall comply with its obligations under applicable Data Protection Laws and maintain appropriate technical and organisational measures in respect to Personal Data to prevent the unauthorised access or unlawful processing of Personal Data and against accidental loss or destruction of or damage to Personal Data. Neither party shall process Personal Data in any country outside the UK or EU without the other party’s prior written consent and without entering into the appropriate documentation to ensure the safe transfer, processing and storage of any Personal Data.

8. Indemnities

The Member shall indemnify and hold harmless The EX Space, its directors or employees, against any and all actions, claims, costs, expenses, damages, fines, penalties and liabilities (including reasonable legal fees) arising out of or in connection with: (i) the Member’s use of the Digital Assets or the Services; (ii) a breach of Clause 5 or the Member’s obligations under Data Protection Laws or Clause 4.4 (Confidentiality); (iii) any acts or omissions of an Authorised User.

9. Liabilities

9.1 Subject to Clause 9.2 and to the extent permitted by law, (i) neither The EX Space, nor the Member shall have any liability to the other in connection with the Agreement (and for the avoidance of doubt including any indemnity liabilities) for any indirect, economic or consequential loss and damage, and (ii) the total liability of both The EX Space and the Member in connection with the Agreement for direct loss and damage, whether arising in tort (including negligence and strict liability), contract, any indemnity liability or otherwise, shall not exceed £1,000.
9.2 Notwithstanding the aforesaid, no limitation, exclusion or restriction of liability under this Agreement shall apply to any liability arising out of: (i) either party’s negligence, fraud, misrepresentation or wilful default; (ii) the Member’s indemnity obligations pursuant to Clauses 3.4 and 6.

10. Termination

10.1 We may suspend or terminate your Membership immediately at our sole discretion if you breach any term of this Agreement.
10.2 We may suspend or terminate your Membership immediately at our sole discretion if you (as an individual) or any of your officers or employees or associates (as a corporate entity) post Inappropriate Content as defined in Clause 3.1 or Unauthorised Advertisements as defined in Clause 3.4.
10.3 You may terminate your Membership during the Subscription Period, however, you will not be entitled to a refund.
10.4 Either party may terminate this Agreement with immediate effect by giving written notice to the other party if the other party commits a material breach of any other term of the Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of fourteen (14) days after being notified in writing to do so; (iii) a petition is filed, a notice is given, a resolution is passed, or an order is made for or in connection with the winding up of that party.
10.5 Membership shall run for the Subscription Period. Four (4) weeks before the end of each Subscription Period you shall be contacted to see if you wish to continue your Membership for a further 12 month term. At this point you shall have the option to terminate your Membership. If you do not choose to terminate your Membership it shall auto renew for a subsequent 12 month term. If you previously paid by credit card an automatic payment will be taken via payment partner. If you pay by invoice, we shall send you an invoice. Payment terms in Clause 4 apply.

11. Miscellaneous

11.1. Each party undertakes to the other that it will treat as confidential the terms of this Agreement together with all information whether of a technical nature or otherwise relating in any manner to the business or affairs of the other party, save only information which (a) is or becomes available to the public other than as a result of a breach of this Clause or (b) is or becomes available to the receiving party from other sources free of restriction as to its use or disclosure.

11.2. This Agreement contains the entire understanding and agreement of the parties relating to its subject matter and supersedes in all respects the terms attached to any PO issued to enable payment and any previous or other existing arrangements, agreements or understandings between the parties whether oral or written in relation to its subject matter.

11.3. Each party acknowledges that in entering into this Agreement it does not rely on, and irrevocably waives any right it has or may have in respect of, any representation which is not expressly set out in this Membership Agreement, and each party irrevocably and unconditionally waives any right or remedy it has or may have to rescind this Agreement or to claim damages for any misrepresentation not contained in this Agreement, provided that nothing in this Agreement will limit or exclude any liability for fraud. Each party agrees that the only remedy available to it for breach of this Agreement will be for breach of contract and no party will be liable in tort or otherwise in respect of such breach.

11.4. This Agreement is personal to the parties hereto and neither party will, without the prior consent in writing of the others (not to be unreasonably withheld, delayed or conditioned), assign, sub-license, charge, transfer or otherwise deal with the whole or any part of this Agreement or its rights or obligations in this Agreement or purport to do the same.

11.5. No variation or agreed termination of this Agreement will be effective unless made in writing and signed by or on behalf of each of the parties.

11.6. In the event that any provision or part of a provision of this Agreement is, or is held to be, illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction such provision will be severed here from and the remainder of this Agreement will be deemed in full force and effect.

11.7. No failure or delay by either party in exercising any right or remedy under this Agreement will operate as a waiver of that right or remedy, and no single or partial exercise by either party of any right or remedy will preclude any further exercise of that right or remedy or the exercise of any other right or remedy. No waiver or discharge of any breach will be effective unless made in writing and signed by the party giving the waiver. The rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights and remedies provided in law or otherwise.

11.8. Neither party will be in breach of this Agreement nor bear any responsibility or liability for any losses arising out of any delay or failure in the performance of its obligations under this Agreement due to events beyond its reasonable control commonly referred to as events of force majeure PROVIDED THAT the defaulting party will promptly notify the other party of the nature and reasons for the delay or failure and will use its reasonable endeavours to mitigate the effects of any default as soon as possible. If any such force majeure event continues for a period of more than one month either party may terminate this Agreement by written notice to the other party without prejudice to the rights of the parties existing prior to such termination.

11.9. At its own expense each party will execute such documents and perform such acts as may reasonably be required for the purpose of giving full effect to this Agreement and the rights expressed to be granted under this Agreement.

11.10. Nothing in this Agreement creates or will be deemed to have created a partnership or a joint venture or an agency agreement between the parties. Neither party will do anything to bind the other to any contract or to pledge the credit of the other party or to bind it to any obligation, commitment or liability, nor will represent itself as able to do so.

11.11. A person who is not a party to this Agreement will have no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

11.12. Any notices sent under this Agreement must be in writing and may be served by personal delivery or by sending the notice by special delivery at the address given in this Agreement or at such other address as the relevant party may give for the purpose of service of notices under this Agreement and every such notice will be deemed to have been served upon delivery if served by hand or at the expiration of two days after despatch of the same if delivered by special delivery.

11.13. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter, is governed by and will be construed in accordance with the law of England and Wales. The parties irrevocably agree that the High Court of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter.

12. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The EX Space.

13. Communications

13.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

13.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

14. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

15. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

16. Disclaimers

16.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

16.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

16.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

17. Changes to the Services and these Terms and Conditions 

17.1 We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Updated 4th july 2023
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