BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Member Benefits, accessed via Subscriptions, is sold by Us to consumers through this website, futurexinnovation.com (“Our Site”) or by email exchange.

Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Subscription. You will be required to read and accept these Terms of Sale when ordering a Subscription. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription and access Member Benefits through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation 

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Code of Conduct”

means the code of conduct as set out here;

“Contract”

means a contract for the purchase of a Subscription to access Member Benefits, as explained in Clause 5;

“Member Benefits”

means the benefits of FutureX Plus as set out in the Schedule Part 1 and sold by Us through Our Site;

“Subscription”

means a subscription to Member Benefits, whether on Our Site or otherwise;

“Subscription Confirmation”

means our acceptance and confirmation of your purchase of a Subscription;

“We/Us/Our/FutureX”

means FutureX Innovation Limited 40 Constitution Street, Edinburgh, EH6 6RS.

2. Information About Us

2.1 Our Site, https://futurexinnovation.com/, is owned and operated by us. FutureX is designed to promote the networking of purpose-led people and businesses. To this end, FutureX concludes contracts with selected individuals and companies (“Members”) or (“Partners”) that provide members with access to a global network (“FutureX Plus”)

3. Age Restrictions

Consumers may only purchase Subscriptions and access Member Benefits through Our Site if they are at least 18 years of age.

4. Subscriptions, Member Benefits, Pricing and Availability

4.1 We make all reasonable efforts to ensure that all descriptions of Subscriptions and Member Benefits available from Us correspond to the actual Subscription and Member Benefits that you will receive.

4.2 We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription.  We will inform you of any change in price at least two months before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 9.1.

4.3 Minor changes may, from time to time, be made to certain Member Benefits, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Member Benefits and should not normally affect your use of that Member Benefits. However, if any change is made that would affect your use of the Member Benefits, suitable information will be provided to you.

4.4 In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Member Benefits.  If We do so, We will inform you at least two months before the changes are due to take effect. If you do not agree to the changes, you may cancel the Contract as described in sub-Clause 9.1.

4.5 Where any updates are made to Member Benefits, that Member Benefits will continue to match Our description of it as provided to you before you purchased your Subscription to access the Member Benefits.  Please note that this does not prevent Us from enhancing the Member Benefits, thereby going beyond the original description.

4.6 If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.

4.7 All prices on Our Site are subject VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

5. Orders – How Contracts Are Formed

5.1 Our Site will guide you through the process of purchasing a Subscription. Before completing your purchase, you will be given the opportunity to review your order and amend it.  Please ensure that you have checked your order carefully before submitting it.

5.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end.  We will not be responsible for any delay in the availability of Member Benefits that results from you providing incorrect or incomplete information.

5.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.

5.4 Subscription Confirmations shall contain the following information:

  • 5.4.1 Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Member Benefits available as part of it;
  • 5.4.2 Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;
  • 5.4.3 The duration of your Subscription (including the start date, and the [expiry]AND/OR[renewal date]);
  • 5.4.4 Confirmation of your acknowledgement that the Member Benefits will be made available to you immediately and that you will lose your legal right to change your mind and cancel upon accessing the Member Benefits as detailed below in sub-Clause 9.1;

5.5 Any refunds under this Clause 5 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

5.6 Refunds under this Clause 5 will be made using the same payment method that you used when purchasing your Subscription.

6. Payment

6.1 Payment for Subscriptions must always be made in advance.  Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation (this usually occurs immediately and you will be shown a message confirming your payment).

6.2 We accept the following methods of payment:

  • 6.2.1Gocardless;
  • 6.2.2 Stripe.

6.3 If you do not make any payment due to Us on time, We will suspend your access to the Member Benefits.  For more information, please refer to sub-Clause 7.5. If you do not make payment within 14 days of Our reminder, We may cancel the Contract.  Any outstanding sums due to Us will remain due and payable.

6.4 If you believe that We have charged you an incorrect amount, please contact Us at plus@futurexinnovation.com as soon as reasonably possible to let us know.  You will not be charged for Member Benefits while availability is suspended.

7. Provision of Member Benefits

7.1 Member Benefits will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until you end the Contract.

7.2 When you place an order for a Subscription, you will be required to expressly acknowledge that you wish the Member Benefits to be made available to you immediately.  You will also be required to expressly acknowledge that by accessing the Member Benefits, you will lose your legal right to cancel if you change your mind (the “cooling-off period”). Please see sub-Clause 10.1 for more information.

7.3 In some limited circumstances, We may need to suspend the provision of Member Benefits (in full or in part) for one or more of the following reasons:

  • 7.3.2 To fix technical problems or to make necessary minor technical changes;
  • 7.3.3 To update the Member Benefits to comply with relevant changes in the law or other regulatory requirements;
  • 7.3.4 To make more significant changes to the Member Benefits, as described above in sub-Clause 4.5.

7.4 If We need to suspend availability of the Member Benefits for any of the reasons set out in sub-Clause 7.3, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Member Benefits, in which case We will inform you as soon as reasonably possible after suspension). 

7.5 We may suspend provision of the Member Benefits if We do not receive payment on time from you.  We will inform you of the non-payment on the due date, however if you do not make payment within 14 days of Our notice, We may suspend provision of the Member Benefits until We have received all outstanding sums due from you.  If We do suspend provision of the Member Benefits, We will inform you of the suspension. You will not be charged for any Member Benefits while provision is suspended.

8. Conduct

8.1 You are required to

  • 8.1.1 engage with the Member Benefits in accordance with the Code of Conduct;
  • 8.1.2 keep confidential all information shared by Us as part of the Member Benefits;
  • 8.1.3 make sure that no third party accesses the Member Benefits using your Subscription.

9. Cancelling Your Subscription

9.1 If you are a consumer, by default you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund.  The period begins once We have sent you your Subscription Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or stream) the Member Benefits, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.

9.2 After the cooling-off period, you may cancel your Subscription at any time, however subject to sub-Clause 9.3 and Clause 10, We cannot offer any refunds and you will continue to have access to the Member Benefits for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.

9.3 If you purchase a Subscription by mistake (or allow your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Member Benefits.  Provided you have not accessed any Member Benefits since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund.  If you have accessed any Member Benefits once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the Member Benefits for the remainder of the Subscription (up until the renewal or expiry date, as applicable).

9.4 If you wish to exercise your right to cancel under this Clause 9, you may inform Us of your cancellation by email.  Cancellation effective from the date on which you send Us your message.

10. Your Other Rights to End the Contract

10.1 You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Member Benefits (as described in sub-Clauses 4.3 or 4.5), or to these Terms of Sale that you do not agree to.  If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rated refund equal to the remaining time left in that Subscription. If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Member Benefits until that date.

10.2 You also have a legal right to end the Contract at any time if We are in breach of it.  You may also be entitled to a full or partial refund and compensation.  

10.3 Refunds under this Clause 10 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription.

11. Our Liability to You

11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

11.2 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

12. Contacting Us

12.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at plus@futurexinnovation.com, or by post at FutureX Innovation, RTW Studios, 40 Constitution Street, Edinburgh, EH6 6RS.

13. Complaints and Feedback

13.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

14. How We Use Your Personal Information (Data Protection)

14.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

14.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy.

15. Other Important Terms

15.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

15.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.  

15.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

15.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

15.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

16. Law and Jurisdiction

16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.

16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

16.3 Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Scotland.

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