Terms and Conditions
Membership Terms and Conditions
The term ‘Evolve’ or ‘us’ or ‘we’ refers to the owner of Evolve: The Complete Entrepreneur Limited, company registration number 11183460, whose registered office is 37 Commercial Road, Poole, Dorset, United Kingdom, BH14 0HU.
The term ‘you’ refers to you as an individual member of the Evolve community.
These terms and conditions govern your membership to the Evolve community and your use of Evolve’s Services, Evolve Materials and the Additional Services (as defined below).
Definitions
1.1. “Additional Services” means peer group and/or one-on-one coaching and development programmes using Evolve Materials and delivered by Evolve or an Approved Partner. Additional Services can only be accessed by Evolve members, but are charged separately from the membership fee.
1.2. “Approved Partners” are Partners who have been approved by Evolve to deliver the Additional Services.
1.3. “Event(s)” means events (including discovery events), conferences, festivals, seminars & networking opportunities organised by or hosted by Evolve and/or its Partners that are available to members.
1.4. “Evolve Materials” means any Materials developed or used by Evolve in the provision of Evolve’s Services or the Additional Services.
1.5. “Evolve’s Services” means the Website, the Events, and online training and development courses accessed via the Website, but excludes the Additional Services.
1.6. “Intellectual Property Rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
1.7. “Materials” means all Website content (including text, graphics, images, videos, sound, data and software), all printed and electronic documents, DVDs, discs, manuals, books and other media (including, without limitation, electronic media) used in Events and in the provision of peer group learning sessions and/or one-to-one coaching and development (whether delivered by Evolve or one of its Partners).
1.8. “Partner(s)” means the partner organisations that Evolve engages with to support in the delivery of Evolve’s Services, and who may provide discounts on their own products and services to Evolve members. References to Partners in these terms and conditions include Approved Partners.
1.9. “Website” means the Evolve website (https://evolveadvisory.co.uk/) and its content, including videos, webcasts, articles, interviews and presentations, and all forums, microsites and platforms associated with the Evolve website that you may access as a member.
2. Member benefits
2.1. Membership of the Evolve community offers you:
- Unlimited access to the Website
- Discounted fees for attendance at Events;
- Participation in and interaction with forums via the Website;
- Entitlement to discounts on other products and services offered by Evolve’s affiliates and Partners;
- Access to any free online training and development courses made available via the Website;
- Engagement via the Website and/or at Events with other like-minded individuals with whom you can share insights and experiences.
2.2. Membership also gives you the opportunity to purchase the Additional Services. More information on the Additional Services is available on the Website.
2.3. Membership is renewed on a calendar monthly basis. There is no minimum or maximum required duration for membership. Your membership will continue for as long as you are eligible to be a member in accordance with clause 3 and you continue to pay the membership fees in accordance with clause
3.Membership eligibility
3.1. To become a member of Evolve, you must
• be over 18 years of age; and
• be a business owner or entrepreneur.
3.2. You expressly agree to Evolve carrying out checks to determine your eligibility for membership.
3.3. If you do not qualify for membership, then you may be refused membership. If you have already registered and paid for membership, your membership may be terminated. Any membership fees paid by you are non-refundable.
3.4. Evolve has absolute discretion as to whether to accept or reject your application to become a member, or to terminate or cancel your membership at any time and for any reason, regardless of your eligibility.
4. Membership fees
4.1. Subject to clause 4.4, the membership fees are £25.00 (excluding VAT) per calendar month.
4.2. Value Added Tax is payable on membership fees at the prevailing rate.
4.3. £1.00 of your monthly membership fee will be used to support charitable causes.
4.4. Where you have been introduced to Evolve by a Partner, and that Partner has negotiated a reduced membership fee for such referred members, the membership fee shall be deemed to be amended accordingly.
4.5. Payments are taken via Go Cardless on a calendar monthly basis, unless and until your membership is terminated or cancelled by you or by us.
4.6. If your bank details change, you must inform us of the new details before the next membership payment is due.
4.7. If you do not provide us with updated bank details, or if for any reason and at any time we cannot take payment for membership, we reserve the right to cancel your membership and delete your account (including your Website user profile).
4.8. Where you provide suitable payment information and /or the correct bank details for future membership payments more than a month after non-payment as referred to in clause 4.7, we reserve the right to set up a new profile for you, meaning we are not required to reinstate your old profile or transfer your preferences, reward points accrued to date or any other profile information from the old account to the new account.
4.9. We reserve the right to increase membership charges on 1st April of every year. New charges will be notified to you via email and such increases will be taken automatically by Go Cardless unless you cancel your membership (and associated payment authorisation).
5.Membership cancellation
5.1. If you decide to terminate or cancel your membership, you can email us on [email protected].
5.2. Any membership fees already paid by you are non-refundable, regardless of which party terminates or cancels your membership or the reason for such termination or cancellation.
5.3. Upon termination or cancellation of membership (howsoever arising):
• you will no longer be able to use Evolve’s Services or the Additional Services;
• if you have in your possession any Evolve Materials, you must destroy them or return them to us; and
• you will continue to be bound by the provisions of clause 12.5.4. If you have been referred to Evolve by a Partner, that Partner will be informed of the termination or cancellation of your membership.
5.5. You must ensure that you cancel the Go Cardless payment to Evolve to ensure no future payments are taken by Evolve.
6.Membership registration
6.1. The information that you provide when you set up your membership profile must be true and accurate (including any questions relating to eligibility for membership). If we suspect that the information provided is incorrect, misleading, or untrue then Evolve may suspend or terminate your membership.
6.2. When you register as a member, your email address will be used as your user name for logging into the Website. You will be sent an initial login password by Evolve which you are required to use to login, then you may select your own password to be used thereafter. Your user name (email address) must not be offensive or contain profanities. Evolve may determine, in its sole discretion, whether or not a user name is appropriate.
6.3. You are responsible for maintaining the confidentiality of your password. You must immediately inform Evolve of any unauthorised use of your password, your Website user account or any other breach of security in connection with the Website or any of Evolve’s Services.
7. Membership rules
7.1. You must be a member (or Partner) of Evolve to submit content of any kind to the Website, to access or use any Evolve Materials, receive and/or use member discounts on fees to attend Events, make use of Partner and affiliate discounts (where such discounts are exclusive to Evolve members) or to purchase any additional products or services (including the Additional Services) made available by Evolve (or its Partners, where such products and services are dependent upon membership) to members.
7.2. You must at all times comply with Evolve’s Code of Conduct and these terms and conditions. If you breach the Code of Conduct or these terms and conditions, your membership may be suspended or terminated.
8.Website use
8.1. Becoming a member of Evolve allows you to submit details about you and your organisation, share stories, ask questions and comment on topics and content on the Website.
8.2. You are responsible at all times for your Website user account and for any actions that take place using your account.
8.3. To ensure that all content submitted to the Website by members is appropriate for all audiences and complies with the Code of Conduct and these terms and conditions, and any directions published from time to time by Evolve on the Website or as otherwise notified to you, content will be subject to retrospective moderation.
8.4. Any content that is reasonably believed by a moderator to be inappropriate will be removed from the Website without advance notification.
8.5. By submitting content to any part of the Website you grant us a free, royalty-free and irrevocable permission to reproduce such content as we decide in our sole discretion.
8.6. The content on the Website is for your general information and use only. It is subject to change without notice.
8.7. You agree not to, and not to attempt to do any of the following to the Website (or any Evolve Materials contained therein):
• circumvent the security of the Website;
• tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device or any underlying code or software relating to the Website;
• copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Website in any form or media or by any means;
• access any content on the Website through any technology or means other than those provided or authorised by Evolve;
• bypass the measures used by Evolve to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or its content; or
• interfere in any way, whether wilfully or negligently, whether by action or omission, with the functionality or accessibility of the Website;
• attempt to de-compile, reverse compile, disassemble, reverse engineer, attempt to extract the source code from, or otherwise reduce to human-perceivable form all or any part of the Website.
• upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Website, or any material that acts as a passive or active information collection or transmission mechanism.
8.8. You agree not to use the Website for any purpose that:
• is unlawful, fraudulent or promotes illegal activity;
• infringes any third party’s rights or causes damage or injury or harm to any person or property;
• is otherwise prohibited by these terms and conditions; or
• is in breach of the Code of Conduct.
8.9. You expressly confirm that, when using the Website:
• you hold the intellectual rights in, or have procured suitable licences for, any material that you submit;
• you have provided the relevant notices and/or obtained the appropriate consents from all persons appearing in any content you submit;
• you will not to use the Website to advertise or promote any commercial services, or disseminate spam;
• you will not post or disclose anyone’s personal details without their permission;
• you will not collect or harvest any personal data from the Website;
• you will not create multiple profiles, or impersonate people or other users;
• you will not share your login information with others, or use other peoples’ logins; and
• you will not make copies in any form of all or parts of the content other than as reasonably required for your personal non commercial use.
9. Linking policy
9.1. Unless we give you written consent to do so, you do not have permission to link directly to pages hosted on the Website.
9.2. Where links to the Website may be granted by Evolve, we do not permit our pages to be loaded into frames on your site. Our pages must load into the user’s entire window.
9.3. We will link to our Partners’ websites and other online content and websites which we reasonably believe provides useful information for our members. By accessing those linked sites you agree to any terms of access or use imposed by those linked websites.
9.4. We are not responsible for the contents, accuracy, opinions or links from third party (including Partner) websites and we not provide any warranty, or assume any responsibility, regarding the quality, accuracy, source or any other aspect of the material on the linked websites.
10. Additional Services
10.1. You may only purchase and receive the Additional Services while you are a member of Evolve. If your membership is cancelled or terminated for any reason by you or by us, you will not be able to receive (or continue to receive, if the Additional Services are already being delivered) the Additional Services after the membership termination or cancellation date.
10.2. You may only purchase Additional Services through Evolve or an Approved Partner.
10.3. Subject to clause 10.4, if you have been referred to Evolve by an Approved Partner, you must use that Approved Partner for the delivery of any Additional Services.
10.4. If an Approved Partner fails to retain its approved status (or Partner status) for whatever reason during the provision of Additional Services to you, you will be referred to Evolve or another Approved Partner who will deliver the Additional Services instead.
10.5. If you decide to purchase Additional Services, you agree to pay the charges associated with those Additional Services. The charges for the Additional Services will depend on the learning & development programme you select and the Approved Partner delivering the Additional Services.
10.6. You will make payment directly to Evolve or the Approved Partner for the Additional Services. Where any refund of the charges for Additional Services may be applicable, you will liaise with Evolve or the Approved Partner (as appropriate) for such refunds.
10.7. The Additional Services are delivered using Evolve Materials. You expressly agree to use all Evolve Materials only for the purposes of receiving Evolve’s Services and the Additional Services and to act at all times with full consideration of the Intellectual Property Rights, owned by Evolve, in the Evolve Materials and the associated restrictions on the use of the Evolve Materials as set out in clause 12.
11.Data protection
11.1. We will process your personal data in accordance with our Privacy & Cookie Policy.
11.2. The Website may use cookies to monitor browsing preferences. Please see our Privacy & Cookie Policy for more information.
12. Intellectual property
12.1. All Evolve Materials are and remain the property of Evolve or its licensors (as the case may be).
12.2. You will keep all Evolve Materials confidential during the term of your membership and after termination or cancellation (howsoever arising).
12.3. You shall not licence, sell, rent, lease, transfer, assign or otherwise commercially exploit or otherwise make available to any third party, the Evolve Materials.
12.4. Subject to your compliance with these terms and conditions, including payment of the membership fees (and, where applicable, payment of additional charges for Additional Services), Evolve grants to its members a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free licence (or sub-licence as the case may be) of such of Evolve’s Intellectual Property Rights in the Evolve Materials as are necessary for the member to make use of the Evolve Services and, where appropriate, the Additional Services.
12.5. The licence referred to in clause 12.4:
• is granted to the extent and for the sole purpose of the provision of Evolve’s Services and Additional Services to you;
• shall terminate immediately upon termination or cancellation of membership (howsoever arising); and
• in the case of any third party content, shall be granted on such terms as Evolve may grant in accordance with the owner of such content.
12.6. You must not at any time, whether during or after termination or cancellation of your membership, represent, hold out or imply (whether directly or by conduct) that you own or have any rights (except as permitted by these terms and conditions) in the Evolve Materials, Evolve’s Services or the Additional Services.
12.7. No Intellectual Property Rights of either party are transferred or licensed (other than as set out in clauses 12.4 and 12.5) as a result of these terms and conditions.
12.8. This clause survives termination of this membership agreement.
13. Liability
13.1. To the extent permitted by law, Evolve will not be liable (including in negligence) for any loss of profits, loss of revenue, loss of data, loss of use of data; or any direct, indirect or consequential loss or damage, incurred by or awarded against you or any other person arising directly or indirectly from the following, or any cost, loss, liability or expense arising from death, personal injury or damage to property (including damage to your software, hardware or data) resulting directly or indirectly from the following:
• your membership of Evolve;
• your access to, participation in and/or use of Evolve’s Services;
• your access to, participation in and/or use of the Additional Services;
• your access to or use of the Evolve Materials.
13.2. You indemnify and hold Evolve, its employees, officers and agents harmless from and against any claims, liability, expenses, losses, damages and costs (including legal costs and expenses) (“Loss”) incurred by any of those indemnified where such Loss was caused directly or indirectly by:
• your membership of Evolve;
• your access to, participation in and/or use of Evolve’s Services;
• your access to, participation in and/or use of the Additional Services;• your access to or use of the Evolve Materials, including any breaches of clause 12; or
• any contributions made by you (or on your behalf) to the Website (including, without limitation, Loss caused by a claim that your contribution infringes the intellectual property or other rights of any person).
Disclaimer
14.1. You acknowledge that you use Evolve’s Services entirely at your own risk.
14.2. We do not guarantee the Website is secure or free from bugs or viruses.
14.3. You acknowledge that we do not guarantee outcomes from any of Evolve’s Services or Evolve Materials or the Additional Services, and we accept no responsibility or liability, howsoever arising, in relation to your use of Evolve’s Services, Evolve Materials or the Additional Services and whether such use contributes to the success (or otherwise) of your personal or professional development or business operations.
14.4. Evolve is not responsible for any content that originates from non-Evolve sources. We do not vouch for or warrant the accuracy, completeness or usefulness of any such content, and are not responsible for the contents of any submitted material or posts.
14.5. All content is provided on an as is basis only. We cannot warrant that the Website or any Evolve Materials will be complete, error free, accurate or that Evolve’s Services or the Additional Services will be delivered without interruption, fault or error. Accordingly and to the maximum extent permitted by applicable law, we hereby disclaim all warranties and conditions, whether express, implied or statutory, regarding Evolve’s Services, Evolve Materials or the Additional Services, including, but not limited to, any warranty of satisfactory quality or fitness for a particular purpose and non-infringement of third party rights.
General
15.1. Evolve reserves the right to amend these terms and conditions from time to time, therefore you should check the Website regularly for updates.
15.2. You may report any feedback, comments or complaints about your membership or Evolve’s Services or the Additional Services by emailing: [email protected].
15.3. No failure or delay by Evolve in exercising any right under or in connection with these terms and conditions shall operate as a waiver of that right. No provision of these terms and conditions may be amended, waived, or discharged without the express written agreement of Evolve.
15.4. All notices under these terms and conditions shall be in writing and should be sent via electronic communication to:
• for you, the member, to the email address you provide
• for Evolve: [email protected].
15.5. The parties agree to these terms and conditions as independent contractors and nothing shall be deemed to constitute any partnership, joint venture, employment or agency relationship between the parties.
15.6. If any provision of these terms and conditions is found to be invalid by a court of competent jurisdiction, this will not affect the validity of the remaining provisions of these terms and conditions, which will remain in force.
15.7. You may not assign, sub-license or sub-contract any of your rights or obligations under these terms and conditions to anyone else.
15.8. These terms and conditions shall be governed by English Law and any dispute will be subject to the exclusive jurisdiction of the English courts.