At Uhubs we understand that you keep your privacy, reputation and hard-earned money in high value. We appreciate the trust you give us and that is why we are committed to act carefully, securely and responsibly with you, your reputation, your data and your money. We use modern high-quality tools and practices for protecting your personal data, and as a company established in the United Kingdom, we follow the World’s strictest data legislation, the UK General Data Protection Regulation. More privacy related stuff will be explained below. In return, we humbly ask you to be trustworthy and respectful when using our product and/or service. And what is even more important, we ask you to familiarise yourself with these terms where we explain the somewhat boring details that relate to how we expect you to act when using our service and how we use your personal data. We retain the right to delete a course listing or a user account, and to cancel a class with no compensation to the expert or user, should he or she choose to violate these terms. We know it is not a perfect world, but we want to operate in a mindset where parties let one another know of issues first and give one another a reasonable bit of time to solve the problem before deleting stuff or running off to finding lawyers. Here are the terms we expect you to follow when using our service:
We draw your attention in particular to the provisions of clauses 9 and 10 below.
- About us
1.1. Upskillshubs Limited (company number 11869565), trading as Uhubs (we, our and us) is a company registered in England and Wales and our registered office is at Accelerator, 35 Kingsland Rd, London E2 8AA. We operate the website www.uhubs.co.uk
- Contacting us.
2.1. To contact us, telephone our customer service team at +44 (0)20 7183 2921 or email us at firstname.lastname@example.org. How to give us formal notice of any matter under the Contract is set out in 18.2.
- Our contract with you
3.1. Our contract. These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
3.2. Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3.3. Language. These Terms and the Contract are made only in the English language.
- Brief description of our Service
4.1. Uhubs grants Customer a non-exclusive, non-transferable, non-assignable, non-sublicensable License to use the Services for Customer’s internal business purposes for the duration of the Service Period as agreed within the Order Form. The initial Service Period will automatically renew for a new renewal Service Period equivalent to the initial Service Period as specified in the Order Form or otherwise agreed to in writing unless the Agreement has been duly terminated. Failure to pay the Fee(s) does not constitute proper termination by the Customer, and Uhubs, or the Representative, as applicable, may claim payment of the Fee(s) in such an event. The initial Service Period begins as agreed in the Order Form, and the Customer will only be granted access to the Services, when Uhubs has received a copy of the Order Form signed by the Customer. Neither Party is transferring ownership to any intellectual property in any manner under this Agreement.
- Your use of our Service
5.1. You are free to access and use our Service and its content for your personal use as intended through the interface and functionalities of Service we may make available from time to time and as permitted pursuant to these Terms.
5.2. For the avoidance of doubt, we do not permit you to exploit our Service for any other purposes, such as distributing our Service or its content (including by way of linking, framing or otherwise) elsewhere or using it for any other commercial purposes than we have permitted. We require you to respect our copyrights and other proprietary rights in our Service, as well as those of others to their content, so don’t do anything with our Service or any content in it (whether ours or that of others) that infringes any copyrights or other proprietary rights subsisting in them. This means that you are not allowed to copy, modify, translate or distribute or otherwise make available to the public any parts of the Service unless we have specifically permitted you to do so.
5.3. We further expect you to follow all local and national rules, regulations, legislation, relevant age limits, and common sense, plus exercise respectful behaviour towards other users of our Service (including, but not limited to, respecting every individuals’ gender, race, religion, country of origin, political views, sexual orientation, physical appearance and physical limitations) when you approach us or our experts with questions or concerns.
5.4. You will be fully accountable for any and all feedback you provide or choose not to provide.
- Our rights and responsibilities
6.1. We will do our best to keep our Service available on a 24/7 basis. However, we may temporarily take down the Service for maintenance purposes.
6.2. Given that we are providing a software solution and operating in the internet environment, the Service may not be accessible at all times or operate error-free, and we do not give any warranties to this effect. We always provide the service “as is” and “as available”.
6.3. We have no obligation to monitor our Service or how it is used, and we mostly place our trust in you so that you are acting in compliance with these Terms.
6.4. Further, we reserve the right to review any content you have submitted and in case it comes to our attention that any such content violates these Terms, we reserve the right to delete, redact, or otherwise modify such content, in our discretion, and we may refrain from displaying or posting any content without notice or further obligation to you. If your user account is closed or terminated for whatever reason, we may in our discretion remove or delete any of your content from the Service.
6.5. If you have acted in violation of these Terms or if we believe that your actions may cause damage, harm or legal liability to you or any other user, the public or any third party we are partnering with in relation to the Service, or if we are compelled to do so pursuant to a court order or applicable law, we have the right to terminate, close or suspend your account and delete any of your content.
6.6. Uhubs owns all copyrights and other proprietary rights (such as trademarks, trade names, business secrets, patents and utility models and rights to get-up) in and to the Service and all content that we provide. We do not give you any rights to utilise them in any other manner than we have described in these Terms.
7.1. Customer will pay Uhubs the then applicable fees described in the Order Form for the Services in accordance with the terms therein. If Customer’s use of the Services exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional Fees in the manner provided herein. Uhubs reserves the right to change the Fees or applicable charges and to institute new charges and fees at the end of the Initial Service Period or then current renewal Service Period, upon thirty (30) days prior notice to Customer (which may be sent by email). If no such notice is sent, then the Fee for the prior Service Period shall apply to the next Service Period. If Customer believes that Uhubs has billed Customer incorrectly, Customer must contact Uhubs no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Uhubs customer success department or executive team. Unless otherwise agreed in the Order Form, the Fee is an advance payment for the Services described in an Order Form or invoice issued. Uhubs may issue the invoice up to 30 days prior to commencement of a Service Period (or any renewal hereof). Invoices are due within 30 days from the date of the invoice.
- Cancellation Policy
8.1. Either Party may terminate an Order Form, Agreement and the License with 30 days’ prior written notice before the end of an applicable Service Period. The Customer is not entitled to reimbursement of the paid Fee(s) or credits of due Fee(s) in case of the Customer's termination.
8.2. A Party may terminate the Agreement with immediate effect, if:
8.2.1 the other Party fails to correct a breach of a material term of this Agreement within 30 days after receipt of written notice of the material breach;
8.2.2 a force majeure event has lasted for 30 days from the date the other Party has announced that force majeure has occurred; or
8.2.3 any assignment is made by the other Party for the benefit of creditors, or if a receiver, trustee in bankruptcy or similar officer shall be appointed to take charge of any or all of the other Party’s property, or the other Party files a voluntary petition under applicable bankruptcy laws or such a petition is filed against the other Party and is not dismissed within 60 days
8.3. If included as part of an order form, Uhubs 1:1 coaching credits follow a 'use it or lose it' policy. If credits are not redeemed through the platform within the specified and agreed timeframe, they will be lost at the end of that agreed period.
- Limitation of our liability
9.1. Nothing in these Terms limits or excludes our liability for death or personal injury resulting from negligence; or any damage or liability incurred by you as a result of our fraud or fraudulent misrepresentation.
9.2. Subject to clause 9.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
9.3. Subject to 9.1, our total liability to you arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the amount paid to us by you.
9.4. This 9 will continue without limitation.
10.1. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Uhubs from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, proprietary or privacy right; or (iv) any claim that your content has caused damage to a third party.
- How we may use your personal information
11.1. We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services; and
(c) inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
11.2. We will process your personal information in accordance with our Privacy Statement.
- Communications between us
12.1. When we refer to "in writing" in these Terms, this includes email.
12.2. Any notice or other communication given under or in connection with these Terms must be in writing and be delivered personally, sent by pre-paid post, or email.
12.3. A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt;
(b) if sent by pre-paid post, at 9.00 am on the second working day after posting in the UK or at 9.00 am on the fifth working day after posting for the rest of the world; or
(c) if sent by email, at 9.00 am the next working day after transmission.
12.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
12.5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
Given the personal nature of the rights and licences given and the obligations that are related to the use of the Service, you may not transfer or assign them to a third party without our permission. Uhubs may, however, transfer any of its rights and obligations relating to these Terms and the provision of the Service (including the agreements made pursuant to these Terms) to third party without restrictions.
13.2. Changes to these terms
As we are continuously improving and developing our Services and business, we may need to make changes to these Terms, including our Privacy Statement. We will do our best to notify you of any changes we may make to these Terms. Please be sure to periodically monitor these terms for changes.
By continuing the use of our Service after such changes, we take it that you have accepted the changed Terms.
If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5. Third party rights.
These Terms are between you and us. No other person has any rights to enforce any of these Terms.
13.6. Governing law and jurisdiction.
These Terms are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the English courts.