The smart approach to your next senior appointment

Definitions

"company" means Executives on the Web Limited.

"website" means theexecutiveclub.com.

"theexecutiveclub.com" means a domain name and website.

"member" means any person that has paid to access the website.

"defaulting party" means a member who is in breach of any of its obligations under these terms and conditions.

"username" and "password" means any identifier used to access the website.

"registration fee" means the cost of the membership of theexecutiveclub.com as shown on the member registration form.

"software" means the computer code providing the functions within the website.

"services" means the all the information provided within the website.

"CV Services" means the facility to store, amend, retrieve, search and gain access to CVs stored.

1. Introduction

All areas of the website are open to you if you are a registered member in accordance with these terms and conditions. As a non-member you will be able to access material in some areas of the website without going through the registration process.

2. Executive Club Registration

2.1. In order to access the website you are required to submit a username and password which must be kept confidential at all times and must not be used by anyone else. Any infringement of these terms to whom you disclose your username and password will be deemed as though the infringement had been committed by yourself and you will not be released of your obligations under these terms and conditions.

2.2. Should your personal details change please notify us by email with your amendments at support@theexecutiveclub.com.

2.3. The provisions of the "Privacy Policy" form part of the Terms and Conditions and apply at all times.

2.4. Should your password and/or username fail you should email support@theexecutiveclub.com. As a result of your password and/or username failing, the company reserves the right to change your password and/or username at its sole discretion to protect the security of both the registered member and the company.

2.5. By giving the company your personal information, in the event the company undergoes a reorganisation or is acquired by a third party, you consent to the information being accessed, transferred or used by the re-organised company or third party.

3. Membership Fees

3.1. theexecutiveclub.com is a subscription service designed to help directors and senior managers advance their careers. The charge which is shown on the website must be paid for by using a valid credit card. The company reserves the right to change the subscription price at anytime and without notice.

3.2. You have no cooling off rights under the current regulations in respect of the services once they have been paid for. Without prejudice to your statutory rights, refunds are at the discretion of the company.

If you have any questions regarding our refund policy, please contact +44 (0) 1543 416 182, email info@theexecutiveclub.com.

4. Licence To Use The website

4.1. The company grants to the member a non-exclusive right to use the software/website and print pages of the website as permitted by the Terms and Conditions. The website and software is and remains the property of the company.

4.2. The member shall not:

(a) download the software from the website.

(b) use, copy or transfer the software/website except as permitted by the Terms and Conditions.

(c) distribute, rent, loan, lease or sub-licence the software.

(d) alter, adapt, merge, modify or translate the software/website in any way for any purpose.

(e) reverse-engineer, disassemble or decompile the software except as provided in section 50B of the Copyright, Designs and Patents Act 1988.

(f) allow any third party access to, or use of, the software.

(g) transmit information or upload pictures that are offensive, racist, obscene, defamatory, pornographic, or otherwise unlawful.

(h) send or upload files as listed in clause 8 that contain software or other materials in breach of any intellectual property rights or in breach of confidence.

(i) misrepresent your personal identity, position or impersonate any other individual living or dead.

(j) attempt unauthorized entry to any part of the website or any computer system related to the website, send viruses, or generate traffic demands that affects the website, advertise or solicit business opportunities including chain letters, pyramid schemes, notices and/or e-mail activities or any other act that damages the reputation of Executives on the Web Ltd or any third party using the website.

4.3. Upon termination of the Agreement for any reason, the license granted in clause 4 shall automatically terminate and the member shall immediately cease to use the website/software. Any such use of the website/software after termination will be deemed as unlawful.

4.4. In the event of any breach of these Terms and Conditions, the company reserves the right to block access, refuse to post, edit, remove or disclose any information. Where unlawful activity of network security is suspected, the company will cooperate fully with law enforcement and other relevant authorities regarding the investigation.

5. Posting Your CV

5.1. You may not use your CV to:

Impersonate another person living or dead, give false or misleading information or advertise/solicit business opportunities including chain letters, pyramid schemes, opinions, notices and/or e-mail activities.

5.2. Your CV must contain:

(a) Sufficient detail to convey clearly your qualifications and work experience as a candidate for employment including any legal documentation relating to proof of citizenship and/or work permits.

(b) Accurate information of the individual seeking employment on a full-time, part-time, interim or contractual basis on his or her own behalf.

6. Renewals Policy

6.1 Notification of membership renewal will be sent to you by email one month prior to your membership expiration date. All renewals will be subject to these same Terms and Conditions together with any other future amendments.

Should you require any information regarding renewal of your membership you will need to contact us by email at: info@theexecutiveclub.com

7. Termination

7.1. The company may terminate these Terms and Conditions with immediate effect by giving written notice under the Terms and Conditions to the defaulting party if:

(a) the defaulting party is in breach of any of its obligations under these Terms and Conditions.

(b) if the breach is capable of remedy and has continued to be unremedied for a period greater than twenty one days after the company has given notice to the defaulting party specifying the breach and the steps required to remedy it.

7.2. The expiry or the termination of these Terms and Conditions (for any reason) shall:

(a) be without prejudice to any other rights or remedies which either the company or the member may be entitled to under these Terms and Conditions or at law.

(b) not affect any accrued rights or liabilities which either the company or the member may then have.

(c) not affect the coming into or continuance in force of any provision of these Terms and Conditions which it expressly or by implication intended to come into or continue in force after such termination.

7.3. The company may terminate these Terms and Conditions at any time without giving notice to a member in the event that the member commits a material breach of these Terms and Conditions.

8. Intellectual Property Rights

8.1 The entire copyright, database rights and any other intellectual property rights on the website (including any software) throughout the world and all rights in the domain name of the website, the name theexecutiveclub.com and all other trade marks of the company shall be and shall remain the exclusive property of the company or its licensors. Other than the rights expressly granted in these Terms and Conditions, the member obtains no rights to the website. All content included on the website, such as text, graphics, logos, button icons, images, video and audio clips and software is the property of the company and is protected by U.K. and International copyright laws. The compilation (meaning the collection, arrangements and assembly) of all content on the website is the exclusive property of the company and protected by U.K. and International copyright law. All software on the website is the property of the company or its software suppliers and protected by U.K. and International copyright laws. Any other use, including the reproduction, display or performance of the content on the website is strictly prohibited.

9. Confidentiality

9.1. The member undertakes to the company to keep confidential all information (written or oral) concerning the business or affairs of the company that the member has received as a consequence of discussions in keeping with the Terms and Conditions.

9.2. Clause 8.1 shall not apply to confidential information which the member is required to disclose by law or which the member can demonstrate was any one of the following:

(a) already in the member's possession prior to its receipt from the company.

 

(b) was subsequently disclosed to it lawfully by a third party who did not obtain such confidential information (directly or indirectly) from the company.

 

(c) was in the public domain, at the time of receipt by the member.

 

(d) had subsequently entered the public domain other than as a result of a breach of clause 8 by the member.

 

10. Warranties and Liabilities

10.1. Except as expressly provided in these Terms and Conditions, all warranties and representations, expressed or implied and howsoever arising, in relation to the software, website or provision of services under the Terms and Conditions are excluded to the maximum extent permitted by law including, without limitations, all warranties in relation to the following:

(a) while all reasonable efforts have been made to ensure that the information emanating from the company is accurate, the company will not be liable for any loss or damage however arising as a result of the member relying on such information.

(b) the company does not warrant that the software and website will be error free or that the website or its server(s) are free of computer viruses or other harmful mechanism(s). The member must take adequate measures and/or precautions to protect against these contingencies. The member remains responsible for any consequence including costs and losses arising from use of the website or software.

10.2. The company, to the maximum extent permitted by law, excludes all liability including, without limitation, liability for special, indirect or consequential loss (including loss of profits, earnings and goodwill) whether or not the company has been advised of the possibility of such.

10.3. The entire liability of the company to the member, (including without limitation, breach of contract, misrepresentation, negligence and any other tort) is limited to the registration fee paid by the member to the company.

11. General

11.1. Headings in the Terms and Conditions are for convenience only and will have no legal meaning or effect.

11.2. FORCE MAJEURE.

The company shall not be liable for any delay or failure to perform any of its obligations under the Terms and Conditions if such delay or failure is due to any cause beyond its reasonable control.

11.3. NOTICES.

All notices to be given under these Terms and Conditions shall be in writing and shall be sent by first class post or facsimile to the relevant address on the member registration form. However, if either party sends a notice under these Terms and Conditions by facsimile, it shall also send the original notice by post, posted first class within twenty-four hours of the transmission of the relevant facsimile. All notices sent by post shall be sent to the address of the other party set out in the Terms and Conditions as appropriate. Any notice given under the Terms and Conditions which is sent by post and which is not returned to the sender as undelivered shall be deemed to have been received two days after posting (if the address of the other party is in the United Kingdom) or four days after posting (if the address of the other party is outside the United Kingdom). Any notice given under the Terms and Conditions, which is sent by facsimile in accordance with this clause shall be deemed to have been received on the date of transmission.

11.4. ENTIRE AGREEMENT.

The Terms and Conditions constitute the entire agreement between the member and the company. No addition to or modification of the Terms and Conditions shall be effective unless it is in writing and signed by the member and the company.

11.5. JOINT VENTURE OR PARTNERSHIP.

Nothing in the Terms and Conditions shall create, or be deemed to create, a partnership or joint venture between the member and the company or the relationship of principal and agent between the member and the company.

11.6. WAIVER.

No delay or failure on the part of any party to exercise or to enforce any right given to it by the Terms and Conditions or at law, or any custom or practice of the member and/or the company at variance with the terms of the Terms and Conditions shall constitute a waiver of respective rights of either the member or the company under the Terms and Conditions or operate so as to prevent the exercise or enforcement of any such right at any time.

11.7. SEVERABILITY.

If any provision of the Terms and Conditions is held to be invalid or unenforceable, in whole or in part, that provision or part shall to that extent be deemed not to form part of the Terms and Conditions. However, the validity and enforceability of the remainder of the Terms and Conditions shall not be affected.

11.8. ASSIGNABILITY AND SUB-CONTRACTING.

The member may not assign the whole or any part of its rights or obligations under the Terms and Conditions without the prior written consent of the company. The company may assign or sub-contract the whole or any part of its rights or obligations under the Terms and Conditions without restrictions.

11.9. LAW AND JURISDICTION.

The Terms and Conditions shall be governed by and construed in accordance with English Law and the member and the company submit to the non-exclusive jurisdiction of the Courts of England and Wales and where applicable the European Courts.

12. Copyright

By viewing or accessing this website, you are acknowledging your agreement to the following:

(a) unless otherwise expressly stated, copyright or similar rights in all material presented on this website, including graphical images, is owned by theexecutiveclub.com.

(b) the member has limited permission to print or download extracts from these pages for personal use only as set out in these Terms and Conditions and shall not be entitled to commercialise any such material in any way.

(c) any copies of the pages of the website which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for personal use.

(d) the member may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the website without prior written consent of the company.

(e) unless with prior permission of the company no part of the website may be reproduced or transmitted to or stored in any other website nor may any of its pages or part thereof be disseminated in any electronic or non electronic form, nor included in any public or private electronic retrieval system or service.

(f) Without prior notice the company reserves the right to change the design, format, content and services of the website from time to time.

13. Disclaimer

The contents of this website are subject to the matters set out below. All users acknowledge and accept the disclaimer right in order to obtain access to this website:

 

(a) contents are only for general information or use by our theexecutiveclub.com members(s).

(b) the information on the website is updated from time to time, however, we hereby exclude any warranties (whether expressed or implied), as to the quality, accuracy, efficacy, completeness, performance, fitness for a particular purpose, within the content(s) of the website.

(c) the company will not be liable for any damages (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) however arising and whether in contract, tort or otherwise from the use of or inability to use the website, or from any action or omission taken as a result of using the website.

(d) the website contains material in the form of CVs submitted by members(s) and we accept no responsibility for the content or accuracy of such CVs nor do we make any representation by virtue of the contents of the website in respect of the existence or availability of any jobs advertised.

(e) you should note that certain links on the website lead to resources located on servers maintained by third parties over whom we have no control and accordingly the company accepts no responsibility or liability for any of the material contained on those servers.

(f) where part of the website contains advertising and other material submitted to us by third parties please note that those advertisers are responsible for ensuring that material submitted for inclusion on the website complies with all legal requirements and that the company has no liability to you in respect of such content.

(g) the company may suspend the operation of the website for maintenance or upgrade requirements from time to time. The company will use its best endeavours to notify members when the suspension is likely to take place.

(h) all liability is excluded to the extent permitted by law including any implied terms.

(i) use of the website is at your own risk and the company cannot be held liable for death or personal injury as result of negligence or the fraudulent use of the website.

(j) Your statutory rights are not affected by these terms and conditions.

If you have any questions regarding these Terms and Conditions, please contact info@theexecutiveclub.com

Executives on the Web Ltd. is a company registered in England & Wales No 3918465, whose Registered offices are at Cathedral House, Beacon Street, Lichfield, Staffs. England WS13 7AA.