1. Introduction
1.1 Please read the following Terms of Use carefully.
1.2 In these Terms of Use:
(a) “we”, “our” and “us” means The Incipit Club Limited a company registered in England & Wales with company registration number 13447149. Our registered office is at 123 Sydney Street, London, England, SW3 6NR.
(b) “you” and “your” means a user of the website at www.theincipitclub.com and its subdomains (the “Website“).
1.3 These Terms of Use set out the terms and conditions on which we agree to make available and you agree to access and use the Website. Further information in relation to our membership terms of use and what you can and cannot do with our services is set out in our. Acceptable Use Policy which can be found here
2. Acceptance of the Terms of Use
1.4 By using the Website, you agree to be legally bound by these Terms of Use and you agree to the processing of your personal data in accordance with our Privacy Policy
1.5 If you do not agree with these Terms of Use or our Privacy Policy, you should not use the Website.
Please save and/or print a copy of these Terms of Use and Our Privacy Policy
3. Amendments to Terms of Use and our Website
3.1 We may amend these Terms of Use from time to time. If we do, we will publish the changes on the Website. Please review the Website periodically for changes to these Terms of Use. The date at the top of this webpage indicates when these Terms of Use were last updated. The amended Terms of Use will take effect 30 days from the date on which we publish the amendments on our Website, and from then on will govern the relationship between you and us in respect of your use of the Website. If you do not agree with the amended Terms of Use, you must not continue to use the Website after the date on which the amendments take effect
3.2 We may update and change our Website from time to time to reflect changes to our products, our users’ needs, our business priorities or such other reasons we deem necessary in our sole discretion.
4. Your obligations
4.1 You agree not to:
(a) use the Website or access to it for any fraudulent or unlawful purpose;
(b) use the Website or access to it to impersonate any person or entity, or to falsely state or otherwise misrepresent its affiliation with any person or entity;
(c) interfere with or disrupt the operation of the Website or access to it;
(d) transmit or otherwise make available in connection with the Website or access to it any virus, worm, Trojan horse, time bomb, spyware, or other computer code, file, or programme that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
(e) restrict or inhibit the ability of any other person to access or use the Website
(f) use the Website or access to it for the purpose of processing a commercial transaction, including making a payment to another person or entity;
(g) modify, adapt or translate any portion of the Website;
(h) remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the Website;
(i) use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather or reproduce the Website or circumvent the navigational structure or presentation of the Website.
5. Your Account
5.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
5.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@theincipitclub.com.
6. Links
6.1 From time to time, the Website may include links to third party websites. These links are provided for your convenience only and do not signify that we endorse such third party websites. We do not review such third party websites and you acknowledge and agree that:
(a) we are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and we do not control their content or availability;
(b) we make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and
(c) if you access any such websites, you do so entirely at its own risk.
6.2 You may include links to the Website on another website providing you acknowledge and agree the following:
(a) we are not liable to you for any loss that you suffer as a result of such links;
(b) we do not promise that the Website will be continuously available (and therefore such links may not always work);
(c) we reserve the right to object to any such links and require you to remove them.
7. Legal disclaimer
7.1 Nothing in these Terms of Use is intended to exclude or limit our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation or for any other liability that cannot be excluded or limited by law.
7.2 Save as expressly provided in these Terms of Use, the Website is made available to you on an “as is” basis and we disclaim and do not accept any liability to you in respect of it. The Website may include information and materials uploaded by other users of the Website, including messages sent by other users of the Website and information contained in chat rooms. This information and these materials have not been verified or approved by us and we disclaim and do not accept any liability to you in respect of it. The views expressed by other users on our Website do not represent our views or values. It is your responsibility to ensure that the Website is suitable for your intended purposes. We accept no liability as to the suitability or fitness of the Website in meeting your needs and we exclude to the fullest extent permissible by law all express or implied warranties, representations, conditions or terms, including, without limitation
(a) that access to the Website will be uninterrupted or error-free;
(b) that the Website or the computer server from which the Website are made available, are free of viruses or other harmful components; and
(c) to the accuracy, content, timeliness, completeness, reliability, quality or suitability of any content contained in or delivered via the Website or otherwise made available in connection with the Website.
7.3 You also acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third party equipment and services, and that we do not guarantee and will not be liable for these in any way.
7.4 Subject to Clause 7.1, we will not be liable to you for any special, indirect or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill.
7.5 Subject to Clause 7.1, our total liability, arising under or in connection with these Terms of Use, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed: (a) the total fees paid or payable by you to us for our services; or (b) fifty pounds (£50.00), whichever is greater.
8. Intellectual Property Rights
The intellectual property rights in the Website and copyright in all material stored, displayed and accessible on the Website is either owned by us or duly licensed by third parties. All such rights are reserved.
9. Governing Law
9.1 This Agreement and any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) are governed by and shall be construed in accordance with English law.
9.2 The parties submit to the exclusive jurisdiction of the English courts for all purposes relating to and in connection with this Agreement and any such dispute or claim referred to in Clause 9.1.