TERMS AND CONDITIONS
The term “Fresh Thinking Labs” or “us” or “we” refers to the owner of the website whose registered office is PKF Francis Clark, Centenary House, Peninsula Park, Rydon Lane, Exeter EX2 7XE. The term “Member” or “you” refers to the user or viewer of our website. When you use our site you are entering into a legal agreement and you agree to all of these terms.
You agree that by registering on, accessing or otherwise using our site you are entering into a legally binding agreement.
Registered users of our site are “Members” and unregistered users of the public areas of the site are “non-members”. This Agreement applies to both.
“The law” refers to the law of England and Wales, excluding its conflict of laws rules.
This section contains important details about how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, 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 Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the site) is the only agreement between us regarding the site and supersedes all prior agreements for the site.
If we don't act to enforce a breach of this Agreement, that does not mean that Fresh Thinking Labs has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your Membership or use of the site to anyone without our written consent. However, you agree that Fresh Thinking Labs may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the site.
You agree that the only way to deliver legal notices to us is at the addresses provided at the bottom of this document.
Conditions of Membership
Fresh Thinking Labs is a networking service for professionals interested in workplace innovation. It is not intended as a commercial site. Any Member using the site to market or advertise their own products or services, or for any other commercial purposes will have their Membership terminated immediately, without refund, and with the right of appeal.
We may change, suspend or end any feature, or change and modify prices at our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
We reserve the right to limit how you connect and interact on our site including the number of your connections and your ability to contact other Members. We reserve the right to restrict, suspend, or terminate your account if we believe that you may be in breach of law or this Agreement, or are misusing the site in violation of its terms.
Fresh Thinking Labs reserves all of its intellectual property rights in the site. Other trademarks and logos used in connection with the site may be the trademarks of their respective owners.
In addition, by joining Fresh Thinking Labs you agree to adhere to the following code of conduct:
You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
Provide accurate information to us and keep it updated.
Choose a strong and secure password.
Keep your password secure and confidential.
Use your real name on your profile.
Use the site in a professional manner.
Be responsible for anything that happens through your account unless you close it or report misuse.
You agree that you will not:
Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content.
Add content that is not intended for, or inaccurate for, a designated field e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Fresh Thinking Labs Online).
Use an image that is not your likeness or a head-shot photo for your profile.
Create a false identity on Fresh Thinking Labs Online.
Misrepresent your current or previous positions and qualifications.
Misrepresent your affiliations with a person or entity, past or present.
Misrepresent your identity, including but not limited to the use of a pseudonym.
Share an account with anyone else.
Transfer any part of your account (for example, but not limited to connections, groups or content).
Create a Member profile for anyone other than yourself (a real person).
Use or attempt to use another's account.
Harass, abuse or harm another person.
Send spam or other unwelcomed communications to others.
Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work).
Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner.
Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer)).
Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights.
Violate the intellectual property or other rights of Fresh Thinking Labs, including, without limitation, using the word “Fresh Thinking Labs” or our logos in any business name, email, or URL except as provided in our Brand Guidelines.
Post any unsolicited or unauthorised advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorised by Fresh Thinking Labs.
Send messages to distribution lists, newsgroup aliases, or group aliases.
Post anything that contains software viruses, worms, or any other harmful code.
Manipulate identifiers in order to disguise the origin of any message or post transmitted through the site.
Create profiles or provide content that promotes escort services or prostitution.
Creating or operating a pyramid scheme, fraud or other similar practice.
Copy or use the information, content or data of others available on the site (except as expressly authorised).
Copy or use the information, content or data on Fresh Thinking Labs in connection with a competing service (as determined by Fresh Thinking Labs).
Copy, modify or create derivative works of Fresh Thinking Labs, Fresh Thinking Labs Online site or any related technology (except as expressly authorised by Fresh Thinking Labs).
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the site or any related technology, or any part thereof.
Imply or state that you are affiliated with or endorsed by Fresh Thinking Labs without our express consent (e.g., representing yourself as an accredited Fresh Thinking Labs Facilitator).
Rent, lease, loan, trade, sell/re-sell access to the site or related any information or data.
Sell, sponsor, or otherwise monetise a Fresh Thinking Labs’ Community or lab or any other feature of the site, without Fresh Thinking Labs’ consent.
Remove any copyright, trademark or other proprietary rights notices contained in or on our Service.
Share or disclose information of others without their express consent.
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the site or any related data or information.
Use bots or other automated methods to access the site, add or download contacts, send or redirect messages.
Monitor the sites' availability, performance or functionality for any competitive purpose.
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the site.
Access the site except through the interfaces expressly provided by Fresh Thinking Labs Online, such as its mobile application.
Override any security feature of the site.
Interfere with the operation of, or place an unreasonable load on, the site (e.g., spam, denial of service attack, viruses, gaming algorithms).
Our site allows messaging and sharing of information in many ways including your profile, links to news articles, messages, chats and blogs. Information and content that you share or post may be seen, copied and used by other Members.
We respect the intellectual property rights of others. We require that information posted by Members does not the intellectual property rights or other rights of third parties. If you wish to make a complaint about the misuse of your intellectual property, please email us at email@example.com.
You promise to only provide information and content that you have the right to share, and to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract).
You also agree that your Fresh Thinking Labs Online profile information will be truthful.
You own all of the content, feedback, and personal information you submit or post to the site, but you also grant us a non-exclusive licence to it. By submitting suggestions or other feedback regarding our site you agree that Fresh Thinking Labs can use and share (but does not have to) such feedback for any purpose without compensation to you. This is a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide on our site, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
You can end this licence for specific content by deleting such content from the site, or generally by closing your account, except (a) to the extent you shared it with others on the site and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
We will not include your content in advertisements for the products and services of others.
We will obtain your consent if we want to give others the right to publish your posts or resource materials beyond the site. However, other Members may access and share your content and information, consistent with your settings and degree of connection with them.
While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
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 licence.
We are not obliged to publish any information or content on our service and can remove it at our sole discretion, with or without notice. We may change or discontinue any of the features of our site. We can't promise to store or keep showing any information and content that you've posted.
When you see or use others' content and information posted on our site, it is at your own risk.
By using the site, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it.
The site is self-regulating. All Members can ‘Flag’ news items, messages, posts or resources as “SPAM”, “Illegal” or “Obscene” and they will be removed if necessary. Persistent inappropriate content will result in the Member and possible the Company Membership being revoked without refund.
You are responsible for deciding if you want to access or use third party apps or sites that link from our site. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for these other sites and apps: use these at your own risk.
Company Pricing Plan conditions
Company Pricing Plan information gives an overview of the benefits that we intend to deliver to Members. This offer is representative and may be subject to change as Fresh Thinking Labs evolves.
Places at all In Person events, including Open Events and Labs are necessarily limited and subject to availability. We will endeavour to allocate places at In Person events as fairly as possible but cannot guarantee places to all eligible Members if demand exceeds supply. We aim to enable as diverse a range of companies and practitioners as possible to participate in each event in order to maximise learning opportunities for participating Members.
If a Member needs to cancel their place at an Open Event, they should do so with 10 working days’ notice in order to allow us time to allocate their place to another Member and to avoid being penalised in the allocation of free places at future Open Events. If a Member registers then fails to attend an Open Event on two separate occasions without notifying us within the above notice period, we reserve the right to refuse them a place at future Open Events for which demand is higher than supply.
Payment and renewal
All payments are made via a third party. No payment details are held on this site or by us.
Payment for company registration is made through PayPal. Payment for Events, Webinars and Labs booked through the site may also be made through PayPal or by other means at our discretion.
Advertised Membership rates are not inclusive of foreign exchange fees and other transaction costs, for which you are fully liable.
We reserve the right to cancel Company Membership in the case of non-payment of an Invoice beyond 30 days.
Members may request an upgrade to their Company Pricing Plan by contacting firstname.lastname@example.org. Downgrades are permissible but are not refundable.
Unless otherwise stated, payment for In Person events and associated costs to which the Member or Company Administrator has agreed, is due within 30 days of the date of our invoice.
Termination and refunds
You or we may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the site. The following shall survive termination:
Our rights to use and disclose your feedback.
Members' or non-members’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
Any amounts owed by either party prior to termination remain owed after termination.
Please contact email@example.com for assistance in terminating your Membership.
We do not give refunds except in exceptional circumstances.
Disclaimer and Limit of Liability
This is our disclaimer of legal liability for the quality, safety, or reliability of our site and other benefits offered to you as part of your Fresh Thinking Labs Membership.
To the extent allowed under law, Fresh Thinking Labs, and those that Fresh Thinking Labs works with to provide the site, (a) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement); (b) do not guarantee that the site will function without interruption or errors, and (c) provide the service (including content and information) on an “as is” and “as available” basis.
Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.
Exclusion of Liability
These are the limits of legal liability we may have in relation to you.
To the extent permitted under law (and unless Fresh Thinking Labs has entered into a separate written agreement that supersedes this agreement), Fresh Thinking Labs (and those that Fresh Thinking Labs works with to provide the site) shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the site (e.g. offensive or defamatory statements, down time or loss, use or changes to your information or content).
In no event shall the liability of Fresh Thinking Labs (and those that Fresh Thinking Labs works with to provide the site) exceed, in the aggregate for all claims, an amount that is the lesser of (a) five times the most recent monthly or yearly fee that you paid for a premium service, if any, or (b) GB £1000.
No action arising out of or relating to this agreement or the transactions it contemplates may be commenced against us more than 12 months after the basis for such claim could reasonably have been discovered.
This limitation of liability is part of the basis of the agreement between you and Fresh Thinking Labs and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if Fresh Thinking Labs has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
In the unlikely event we end up in a legal dispute, it will take place in UK courts, applying English and Welsh law.
You agree that the laws of England and Wales, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the site. We both agree that all of these claims can only be litigated in the courts of England and Wales and we each agree to personal jurisdiction in those courts.
By post: Fresh Thinking Labs, Workplace Innovation Limited, Tontine, 20 Trongate, Glasgow, G1 5ES .