Last revised on August 24, 2015
Welcome, and thanks for using converge.today. When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below.
Note: You are entering into a legally binding agreement.
Converge is a modern business network, supporting its members through exposure in its business magazine, blog, printed and online directories, and at its networking events.
Converge has been founded on a love for the North East and its business community. Every aspect has been painstakingly researched, planned and created to help businesses grow. Our network is designed for those that have a passion for what they do, and for those who would rather spend a little time getting their promotion right than spend a lot of money getting it wrong. In short, Converge makes your PR, advertising and networking more accessible, more affordable and more effective.
You agree that by clicking "Join Now" "Request an Invite", "Sign Up" or similar, registering, accessing or using our services, you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with Converge Group Ltd ("Converge" or "we").
Registered users of our Services are "Members" and unregistered users are "Visitors". This Agreement applies to both.
2.1. Service Eligibility
Here are some promises you make to us in this Agreement:
You're eligible to enter into this Agreement and you are at least our "Minimum Age."
To use the Services, you agree that: (1) you must be the "Minimum Age" (defined below) or older; (2) you will only have one Converge account, which must be in your real name; and (3) you are not already restricted by Converge from using the Services.
"Minimum Age" means 13 years old. However, if law requires that you must be older in order for Converge to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.
2.2. Your Membership
You'll keep your password a secret. You will not share an account with anyone else and will follow our rules and the law.
As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections, groups) and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.
You'll honour your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices.
We don't guarantee refunds.
If you purchase any of our paid Services ("Premium Services"), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:
You can request your invoice through Customer Support.
2.4. Notices and Service Messages
You're okay with us using our website and email to provide you with important notices. Also, you agree certain additional information can be shared with us.
If the contact information you provide isn't up to date, you may miss out on these notices.
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.
2.5. Messages and Sharing
When you share information, others can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways, such as your profile, links to news articles, and blogs. Information and content that you share or post may be seen by other Members or, if public, by Visitors. Note that other activities, such as requesting a meeting, are by default private, only visible to the addressee(s).
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
3. Rights and Limits
3.1. Your License to Converge
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
You promise to only provide information and content that you have the right to share, and that your Converge profile will be truthful.
As between you and Converge, you own the content and information that you submit or post to the Services and you are only granting Converge the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
By submitting suggestions or other feedback regarding our Services to Converge, you agree that Converge can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Converge may be required by law to remove certain information or content.
3.2. Service Availability
We may change or discontinue any of our Services. We can't promise to store or keep showing any information and content you've posted.
We may change, suspend or end any Service, or change and modify prices prospectively at our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
3.3. Other Content, Sites and Apps.
When you see or use others' content and information posted on our Services, it's at your own risk.
Third parties may offer their own products and services through Converge, and we aren't responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Converge generally does not review content provided by our Members. You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it.
We have the right to limit how you connect and interact on our Services.
We're providing you notice about our intellectual property rights.
Converge reserves the right to limit your use of the Services, including your ability to contact other Members. Converge reserves the right to restrict, suspend, or terminate your account if Converge believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts).
4. Disclaimer and Limit of Liability
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, CONVERGE (AND THOSE THAT CONVERGE WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS CONVERGE HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), CONVERGE (AND THOSE THAT CONVERGE WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF CONVERGE (AND THOSE THAT CONVERGE WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) GBP £1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CONVERGE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF CONVERGE HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
We can each end this Agreement anytime we want.
Converge or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
You can contact our Customer Support to learn how to close your Converge account.
6. Dispute Resolution
In the unlikely event we end up in a legal dispute, it will take place in English courts, applying English law.
You agree that the laws of England, shall exclusively govern any dispute relating to this Agreement and/or the Services.
7. General Terms
Here are some important details about how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, this Agreement is binding. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that Converge has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Converge may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. Converge's "DOs" and "DON'Ts."
8.1. Dos. You agree that you will:
8.2. Don'ts. You agree that you will not:
9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.
10. How To Contact Us
If you want to send us notices or service of process, please contact us:
EMAIL at: firstname.lastname@example.org
OR BY MAIL at:
Converge Group Ltd
The Axis Building
Kingsway North Team Valley