Intergage Marketing Systems | Terms & Conditions

Growth Leaders Terms & Conditions

We appreciate you taking the time to read our terms and conditions. We understand that it probably isn’t your definition of fun, but it does mean you are a customer (thank you) or you might be soon (in which case, thank you and welcome!).

Our values are:

Humility and respect
Courageous honesty
Collaborate and contribute
Commitment
Integrity before profit
Decency

Our ideals in creating these terms and conditions were:

to do business in a transparent, fair, and reasonable way
we believe that every business relationship must be a genuine win/win arrangement to be sustainable
there are no circumstances where “Sneaky”, “Underhand”, “One-sided” or “Unfair” is OK.

If any element of our terms fails to live up to our ideals or values, please call us out on that. If anything about these terms and conditions concerns you in any way, a Director will be happy to address your concerns in person.

How we interact

Please:

Be open, receptive and willing to share

Have humility and respect for the individual − Don’t assume your knowledge is always right.

Treat everyone with the respect you would expect from them.

Be honest, even if it takes courage. Feel brave enough to share ideas and insights − even if it makes you uncomfortable
Collaborate and contribute − We learn more together than individually
Commit − If we say we’ll do it, we do it. We ask you to do the same
Place integrity before profit − Do the right thing, even if no one’s watching and it hurts
Be decent − it’s much easier to be around nice people

Confidentiality

Because we bring our problems, challenges and issues to the group in a spirit of openness and honesty we insist on absolute confidentiality. This means that you must undertake that you shall not at any time, and after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of Growth Leaders or other participating companies encountered through the Growth Leader activities.

How we collaborate

We collaborate to help each other solve the problems of building, growing, scaling (and ultimately selling, perhaps). Our businesses are unique, but many of our challenges are not. We ask you to contribute generously and to share:

plans and ideas
challenges and problems
experiences, successes and failures
resources/tools
connections

The Small Print

Definitions

A “Programme” is a (usually 12-month) development course for business leaders. delivered by Growth Leaders or an Approved Partner. Please note that August is considered a holiday month and no meetings take place.

A “Leader group” is a cohort of up to 12 business leaders from non-competing businesses in the creative, digital, software or technology sectors.

“Approved Partners” are Partners who have been approved by Growth Leaders to deliver Services.

“Services” means the events, conferences, seminars, networking events, meetings, consulting services, training and development courses (online or physical) delivered by Growth Leaders or its Approved Partners. Growth Leaders reserves the right to amend the Services if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and Growth Leaders shall notify you in any such event.

GDPR means the General Data Protection Regulation, Regulation (EU) 2016/679, as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (including as further amended or modified by the laws of the United Kingdom or of a part of the United Kingdom from time to time);

“Materials” means any media or materials developed or used by Growth Leaders in the provision of Growth Leaders’ Services. It includes all Website content (including text, graphics, images, videos, sound, data and software), all printed and electronic documents, 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 Growth Leaders or one of its Approved Partners).

“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off [or unfair competition], rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Partner(s)” means the partner organisations that Growth Leaders engages with to promote and support the delivery of Services, and who may provide discounts on their own products and services to Growth Leaders’ members. References to Partners in these terms and conditions include Approved Partners.

“Website” means the Growth Leaders website (https://Growth-Leaders.com) and its content, including videos, webcasts, articles, interviews and presentations, and all forums, microsites and platforms associated with the Growth Leaders website that you may access as either a guest or as a member.

Membership Eligibility

To become a member of Growth Leaders, you must:

be over 18 years of age; and be a business owner, leader or entrepreneur
agree to Growth Leaders carrying out checks to determine your eligibility for membership
commit to the principles of membership
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

Growth Leaders has absolute discretion as to whether to accept or reject your application to become a member at any time and for any reason, regardless of your eligibility.

Fees and payment

Group membership requires the completion of the appropriate 12-month programme.

The initial commitment is for 12 months. It cannot be cancelled and once paid, fees are non- refundable unless by mutual agreement.

The reason for this is that members are hand-picked for group membership and cannot easily be replaced once a programme has started.

After the initial 12-month programme group membership continues on a monthly basis at the appropriate monthly rate and may be cancelled at any time with 30 days’ notice. Value Added Tax is payable on membership fees at the prevailing rate.

If you choose to pay in advance, you shall make the payment in full within 15 days of the date of the invoice. If you choose the instalment scheme, payments are taken via Go Cardless or Stripe on a calendar monthly basis, unless and until your membership is terminated or cancelled.

If you fail to make a payment under the Contract by the due date, you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

If your bank details change, please inform us of the new details before the next membership payment is due. In the worst case scenario, if for any reason we cannot collect payment for membership, we reserve the right to cancel your membership and delete your account.

Programme fees are fixed for their duration. We also reserve the right to increase charges for open membership (i.e. non-programme specific) on 1st April of every year in line with the Retail Price Index (RPI). New charges will be notified to you via email and any increases will be taken automatically by Go Cardless or Stripe unless you cancel your membership (and associated payment authorisation).

Membership cancellation

After the initial 12-month period, if you decide to terminate your membership, you can email us at − giving us at least 30 days’ notice.

ANY CANCELLATION NOTICE MUST BE SENT BY EMAIL TO

MEMBERSHIP FEES ARE NON REFUNDABLE.

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.

Please ensure that you cancel the Go Cardless payment to Growth Leaders to ensure no future payments are taken by Growth Leaders.

Data protection

At all material times we shall use all our reasonable endeavours to comply with GDPR

Intellectual property. Please respect our IP − it takes a long time to create. Specifically, we need you to agree:

that all Growth Leaders materials are and remain the property of Growth Leaders or its licensors (as the case may be)
you will keep all Growth Leaders Materials confidential during the term of your membership and after termination or cancellation (howsoever arising)
you won’t licence, sell, rent, lease, transfer, assign or otherwise commercially exploit or otherwise make available to any third party, the Growth Leaders’ materials
you grants Growth Leaders a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to Growth Leaders for the term of the Contract for the purpose of providing the Services to you

Liability

We all know things can go wrong. Ultimately, while we are here to assist you, you remain responsible for your decisions and your choices. This means that to the fullest extent permitted by law, Growth Leaders 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 Growth Leaders
your access to, participation in and/or use of Growth Leaders’ Services
your access to, participation in and/or use of the associated Services
your access to or use of the Growth Leaders Materials

This means that you indemnify and hold Growth Leaders, 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 Growth Leaders
your access to, participation in and/or use of Growth Leaders’ Services
your access to, participation in and/or use of the associated Services
your access to or use of the Growth Leaders Materials

Nothing in this clause shall limit your payment obligations under the Contract.

Nothing in the Contract limits any liability which cannot legally be limited, including [but not limited to] liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation; and

This section shall survive termination of the Contract.

Consequences of termination

On termination [or expiry] of the Contract:

(a) you shall immediately pay to Growth Leaders all of the outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Growth Leaders shall submit an invoice, which shall be payable by you immediately on receipt;

(b) you shall return all of Growth Leaders’s Materials and any Deliverables which have not been fully paid for. If you fails to do so, then Growth Leaders may enter your premises and take possession of them. Until they have been returned, you shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the Contract.

Termination [or expiry] of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination [or expiry], including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination [or expiry].

Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

Disclaimer

Like you, we’re human and we will make mistakes, so you need to acknowledge that you use Growth Leaders’ Services entirely at your own risk.

You know you have to check everything digital - we do not guarantee the Website or our materials are secure or free from bugs or viruses.

You understand that we and your fellow members will provide advice and guidance, but we don’t run your business, you do. This means that you need to acknowledge that we do not guarantee outcomes from any of Growth Leaders’ Services or Growth Leaders’ Materials or services.

You will appreciate that ultimately you are responsible for the success or failure of your business. We accept no responsibility or liability, howsoever arising, in relation to your use of Growth Leaders’ Services, Growth Leaders Materials or the associated services and whether such use contribute s to the success (or otherwise) of your personal or professional development or business operations.

We think what we do for you will be great but nothing we do will be perfect. All content is provided on an as-is basis only. We cannot warrant that the Website or any Growth Leaders Materials will be complete, error-free, or accurate or that Growth Leaders’ services or associated 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 Growth Leaders’ Services, Growth Leaders Materials or the associated 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

Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

Assignment and other dealings.

(a) Growth Leaders may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.

(b) you shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract [without the prior written consent of Growth Leaders].

Growth Leaders reserves the right to amend these terms and conditions from time to time, therefore you should check the Website regularly for updates.

Please do give us feedback, comments or even complaints about your membership or Growth Leaders’ Services. We want to hear everything you have to say − good and bad. Feedback to us by emailing:

Waiver

A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

No provision of these terms and conditions may be amended, waived, or discharged without the express written agreement of Growth Leaders.

Third party rights

(a) Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

(b) The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.

Customer Default:

If Growth Leaders’ performance of any of its obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation

(a) without limiting or affecting any other right or remedy available to it, Growth Leaders shall have the right to suspend performance of the Services until you remedy the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays Growth Leaders' performance of any of its obligations;

(b) Growth Leaders shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from Growth Leaders' failure or delay to perform any of its obligations as set out in this clause; and

(c) You shall reimburse Growth Leaders on written demand for any costs or losses sustained or incurred by Growth Leaders arising directly or indirectly from the Customer Default.

All notices under these terms and conditions shall be in writing and should be sent via electronic communication to: If sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt. 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.

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract deleted under this clause the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.]

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

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COMPANY NUMBER: 14739489