Social Day Terms of Use

Effective Date: 1st August 2024

These Terms of Use (“Terms”) constitute a legal agreement between you and Skills of The Future Ltd, trading as Social Day (“SocialDay,” “we,” “us,” or “our”), governing your use of SocialDay’s websites (located at https://socialday.live) and any related services operated or provided by SocialDay (collectively, the “Services”).

Please refer to the Social Day Privacy Policy for information on our data collection practices.

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY, AND WAIVER OF THE RIGHT TO A JURY TRIAL.

Any new or additional features, tools, services, or content added to the Services will also be subject to these Terms. In some instances, you may be subject to additional terms and conditions, policies, and guidelines (“Additional Terms”) applicable to certain parts of the Services. These Additional Terms will be posted on the Services in connection with the relevant offering. In the event of a conflict between these Terms and the Additional Terms, the Additional Terms shall prevail.

These Terms and any Additional Terms are subject to change at any time, so we encourage you to periodically review all terms and conditions posted on the Services. If we make any changes to these Terms of Use or any Additional Terms, we will post the updated version(s) on the Services, along with a new Effective Date. The Terms of Use that apply to you are the most recent version of the Terms of Use that appear on a non-cached browser.

If these Terms of Use or any Additional Terms are not acceptable to you, or if any changes to these Terms of Use or Additional Terms are not acceptable to you, you must cease your access to and/or use of the Services and, where applicable, uninstall any downloads and applications associated with the Services.

1. ELIGIBILITY

The Services are available only to users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent that you are at least eighteen (18) years of age, or over the age of majority in the country where you are a resident or citizen. If you are under the age of majority in your country, you must not use the Services.

2. MEMBERSHIP

a.) Registering; Account

Access to and use of certain functionalities of the Services may require you to register for a SocialDay membership (“Membership”) and/or account (“Account”) with us. If you register and are approved for an Account, you will become a SocialDay member (“Member”). You will, if applicable, create a user ID and password to access your Account. You agree to provide us with accurate, complete, and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any purchase related to the Services. You agree to keep your log-in information confidential and to not authorise any third party to use your Account. We will not be liable for any loss or damage that results from the unauthorised use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use the Services via your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately by using the contact information provided in Section 19 if you suspect any unauthorised use of your Account or any other breach of security. You may not sell or otherwise transfer, share, or “loan” your Account. We have the right to cancel or suspend your Membership, including blocking access to or closing your Account, for any reason or no reason at any time, as determined in our sole discretion.

b.) Membership Fees

SocialDay may charge a non-refundable subscription fee for all or certain tiers/types of Membership (the “Membership Fee”). Paid Memberships may be offered for different durations, including on a monthly, quarterly, or annual term, and with upfront or periodic billing. You agree that by selecting a specific Membership term during the registration process and accepting these Terms, you have committed to a Membership of the relevant duration (“Membership Term”). The Membership Term and payment cadence or terms may differ (for example, an annual Membership may be offered with monthly billing). Unless otherwise stated, the Membership Term automatically renews for successive Membership Terms of equal duration unless notice is received from you at least thirty (30) days in advance for annual (or longer) Memberships, fifteen (15) days in advance for quarterly Memberships, or seven (7) days in advance for monthly Memberships. You may communicate your intention to not renew your Membership by clicking HERE. By registering as a Member of a fee-based Membership, you agree that your subscription will automatically renew each year, and you authorise SocialDay to charge the Membership Fee to the credit/debit card or other payment provider you have indicated in your Account at the time of registration, and again at the beginning of any subsequent Membership Term. For the avoidance of doubt, Membership Fees are non-refundable, and cancelled subscriptions will continue until the end of the then-current Membership Term.

SocialDay may also charge an application fee and/or fees for special events, courses, or other a-la-carte offerings from time to time (each such offering, an “Additional Offering,” and each such fee, an “Additional Offering Fee”). We may amend the Membership Fees at any time, such amendment effective at the beginning of the next Membership Term. You will be notified in advance if there will be any changes to the amount, date, or frequency of the payment of Membership Fees and be given the opportunity to end your Membership in advance of any such changes going into effect. We have the sole discretion to waive or amend the Membership Fees. Membership Fees are NOT refundable if you request to cancel or terminate your Membership. Additional Offerings will often be subject to Additional Terms; Additional Offering Fees are typically NOT refundable unless expressly set forth in any applicable Additional Terms. Should a refund be issued by us, all refunds will be credited solely to the payment method used in the original transaction. Some transactions may be subject to taxes in certain countries. Depending on your location and the nature of the product or Services you receive from us, this may be a rental tax, sales tax, and/or use tax. Tax rates are different from location to location. You are responsible for paying all such taxes.

c.) Fee Processing

You agree to pay all fees or charges for your Membership in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide a valid credit card or PayPal account (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not these Terms to determine your rights and liabilities. By providing your payment details, you accept and consent to being charged fees in the form we requested and that no additional notice or consent is required.

d.) Failure to Pay Fees

Failure to pay fees within ten (10) days of the payment due date will result in your Membership and Account being suspended, and if not paid within thirty (30) days of the due date, your Membership and Account will be terminated.

e.) Proposing New Members

Members are encouraged to propose new applicants to join SocialDay; however, all membership decisions are in our sole discretion.

f.) Guests

SocialDay may provide Members with one or more guest passes to invite a guest to certain qualifying events. We reserve the right, in our sole discretion, to limit guests’ access to the Services. We strive for an inclusive community and, except as otherwise noted in these Terms, there are no restrictions on the profile of the guests. Members (or their guests) must not be on Membership pause and are responsible for ensuring their guests comply with these Terms, including following any community guidelines, codes of conduct, or other Additional Terms applicable. Failure to do so could result in the suspension or termination of your Membership and/or Account.

g.) Event Participation; Member and Guest Release

The Services may include access to various in-person, online, telephonic, or virtual events operated by or on behalf of SocialDay that may include, without limitation, webinars, meetings, workshops, training, and social or networking events (“Events”). By participating in any Event, you acknowledge and agree that SocialDay may film, record, video, or photograph the Event (excluding those events or event types with a stated policy against recordation) and your attendance at and participation in the Event for use in Membership programs, advertising, promotions, public relations, and other commercial and business purposes. By registering for, attending, and/or participating in any Event, you and your guests each consent to the use of your name, biographical details, image, actions, voice, and likeness, in any materials SocialDay chooses to publish in any medium in any territory, in perpetuity, without further authorisation or compensation, in any media, whether now known or hereafter devised, including, without limitation, broadcast, cable and satellite television, social media, and the Internet (e.g., YouTube, other digital video platforms, Twitter, etc.) and mobile platforms (including mobile applications), and for any business purpose (including commercial, merchandising, and promotional purposes).

h.) Job Listings

The Services may include access to listings advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings”). If SocialDay makes Job Listings available to you, the following terms also apply:

  • Job Listings are created and provided by third parties (“Hiring Partners”) over whom SocialDay exercises no control. SocialDay assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing, or other information submitted by any Hiring Partner.

  • By utilising Job Listings, you acknowledge and agree that we do not control the content of Job Listings, links to or from Job Listings, or any conditions Hiring Partners might impose once you have submitted an application, left the SocialDay website where the applicable Job Listing is displayed, and/or been redirected to a third-party website by clicking on a hyperlink included in a Job Listing (any such website, a “Hiring Partner Site”). If you choose to enter a Hiring Partner Site, you accept any terms and conditions imposed by the applicable Hiring Partner or other third party that owns or operates the applicable Hiring Partner Site.

  • Any resume or application information that you submit through the Services, including Personal Data included in a resume or application, is subject to our Privacy Policy. When you search for, view, and/or initiate a job application related to a Job Listing, we may collect certain information about you and any actions taken by you during your visit using automated means. You agree to SocialDay’s receipt, use, and sharing of such information as set forth in our Privacy Policy. You acknowledge that prior to accessing a Hiring Partner Site or applying for a Job Listing position, you have reviewed and confirm that you are applying to your desired employer. Once you access a Hiring Partner Site and/or provide information to a Hiring Partner (whether in the form of a job application, resume, email, interview material, or otherwise), SocialDay has no control over the Hiring Partner’s use or disclosure of that information.

  • We may be compensated by Hiring Partners for posting their Job Listings. We may also promote Job Listings by select Hiring Partners on certain website pages and/or communications you receive from us, such as SocialDay newsletters. However, our posting of Job Listings, including placement of a Job Listing on a dedicated page or in a communication to you, is not a representation by SocialDay regarding the nature, quality, or availability of the role and/or the attributes of a Hiring Partner.

  • SocialDay does not act as an employment agency. By using the Job Listing Services, you acknowledge and agree that SocialDay is not procuring employees for Hiring Partners or procuring opportunities to work for you. We are merely providing tools enabling Hiring Partners to share, and you to learn about, Hiring Partner job opportunities.

  • Hiring Partners are solely responsible for compliance with all applicable laws, including any applicable data protection or privacy laws. We cannot guarantee the validity of a job offer and caution you to verify the validity of a job offer before taking an adverse action regarding your current employment situation. You are solely responsible for verifying the accuracy of any Hiring Partner or job offer, and you agree that any rights you have under any applicable employment, equality, or discrimination laws may only be asserted against the Hiring Partner.

  • SocialDay is not a third-party beneficiary of or liable for any agreements between you and a Hiring Partner, regardless of whether we receive a fee from the Hiring Partner in connection with a Job Listing.

i.) SocialDay Confidentiality

“SocialDay Confidential Information” means, but is not limited to, any private or confidential information about SocialDay, the Services or any part thereof, SocialDay’s past, present, or future business, operations, products, services, partners, personnel, vendors, customers, or technology, and any agreement, arrangement, or understanding that you and SocialDay are both parties to. To the extent that you receive or otherwise obtain any Confidential Information, you shall hold that Confidential Information in confidence, not share or transfer it to any other person, and use it only as expressly permitted by SocialDay. For the avoidance of doubt, any information that SocialDay shares generally with its Members that is not subject to any Additional Terms requiring confidentiality shall be deemed not to be Confidential Information. Further, Confidential Information does not include information that is: (a) public knowledge; (b) was in your possession before accessing the Services; (c) is disclosed to you by a third party without breach of confidentiality obligations; or (d) is independently developed by you without reference to the Confidential Information. Disclosure of Confidential Information in violation of these Terms will result in the termination of Membership. Where Confidential Information is required to be disclosed by law, legal process, government agency, or court order, you will notify us at legal@socialday.live of the request or demand for disclosure (as permitted by law) as soon as possible to allow us to obtain a protective order and use diligent efforts to limit disclosure to only what is required by law and seek confidential treatment of the SocialDay Confidential Information.

j.) Membership Confidentiality

Subject to our Privacy Policy and any applicable Additional Terms, SocialDay will not disclose Member identities except to other Members. By participating in SocialDay, you agree to respect the privacy of your fellow Members and to keep Member identities confidential unless or until the applicable Member has given you permission to disclose their identity or such information is publicly available. SocialDay reserves the right to terminate your Membership in the event of any unauthorised disclosure of another Member’s identity. Notwithstanding the foregoing, you acknowledge and agree that SocialDay cannot guarantee that your Membership will not be disclosed by any other user of the Service and will not be liable for any such disclosure.

k.) Conflicting Interests

Any conflicting interests that may arise between you as a Member with other Members, guests, or users through using the Services, such as attending a group, must be disclosed and approved in advance. You have the right to ask to be assigned to a different group. “Conflicting interests” means a situation in a group where: (1) two or more Members are employed by companies, or otherwise associated with entities, and such companies or entities are substantially competitive or have material commercial overlap; (2) two or more Members have a personal or familial conflict; or (3) a Member has outside duties or obligations which would impose restrictions on what information can be shared within the group. If you have a question about whether a situation implicates conflicting interests, please contact SocialDay at legal@socialday.live.

l.) Warranty

You represent and warrant that your Account, Membership, and use of the Services will not violate any contractual restrictions, applicable law, or regulation to which you are subject.

3. OWNERSHIP; INTELLECTUAL PROPERTY; PERMITTED USE

The Services and all information, materials, and other content available through the Services (collectively, the “Content”) are for the personal use and enjoyment of individual users only and may not be used in connection with any commercial endeavour. The Content is the sole and exclusive property of SocialDay, its licensors, and certain other third parties and is protected by UK and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. SocialDay owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.

All trademarks, service marks, logos, trade names, and any other proprietary designations of SocialDay used herein are trademarks or registered trademarks of SocialDay or our suppliers. You may not use any of our trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in a manner that is likely to cause confusion among customers or users, or in any manner that disparages us or our partners or suppliers.

Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services, and to access, use, and view any Content, solely for your personal and internal business purposes. Except for the limited rights set forth in this Section, you may not copy, sell, rent, distribute, modify, publicly perform, publicly display, transfer, create derivative works of, or sublicense the Services or Content. Your right to access and use the Services and the Content shall automatically terminate upon any violations of these Terms.

When using the Services, you must not:

  • remove any proprietary notices on the Services or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Services or Content;

  • upload to the Services the Personal Data of others that you are not authorised to provide;

  • provide, post on, or transmit through the Services any content, data, or information that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, profane, libellous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically, or otherwise objectionable, including any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law, rule, or regulation of the laws applicable to you or applicable in the country in which the material is posted;

  • use the Services or Content in a way that suggests you are a representative of SocialDay;

  • use the Services or Content to develop applications, services, websites, or any other functionalities that leverage the Services or Content;

  • infringe or misappropriate the intellectual property, proprietary, or privacy rights of any third party;

  • interfere with or disrupt the proper functioning of the Services or Content, SocialDay or any third-party systems used to host the Services, or other equipment or networks used to provide the Services or Content;

  • make video or audio recordings, still images, live-stream, or otherwise copy or transmit the Services or Content, or any part thereof;

  • communicate the Content to the public or otherwise grant access to functionalities of the Services only available to Members, or any part thereof;

  • make any use of the Services or Content that violates any applicable local, national, international, or foreign law, including UK and foreign export regulations and restrictions;

  • allow any individual to use any Account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s), or user keys) for someone other than the individual identified in the account information; or

  • cause damage to SocialDay’s business, reputation, employees, members, facilities, or to any other person or legal entity.

Any scraping, automated access, or other unauthorised access to, and storage of, Services or Content will result in immediate termination of your access to the Services, Content, and your Membership. Use of the Services or Content for any purpose other than what is described in this Section is prohibited.

4. USER-GENERATED CONTENT

You may be able to post, submit, publish, or display content, or transmit (hereinafter, “post”) content or other information on or via the Services and/or in connection with an Event (any such posts, collectively, “User Contributions”). User Contributions may include, without limitation, information that may identify you directly (e.g., name, address, telephone number, email address) or indirectly when combined with other information linked or linkable to you (e.g., employment or education information) (“Personal Data”). We urge you to exercise caution when deciding what User Contributions to make, particularly those that include Personal Data and/or disclose any information that you may consider sensitive, such as racial or ethnic origin, political beliefs, philosophical or religious beliefs, membership of a trade union or political party, or physical or mental health or genetic makeup.

You are solely responsible for the User Contributions that you post, including their legality, reliability, accuracy, and appropriateness. SocialDay is not responsible or liable for the content or accuracy of any User Contributions posted by you or any other Member or user of the Services.

By posting User Contributions: (i) you automatically grant, and you represent and warrant that you have the right to grant to SocialDay an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, publicly display, publicly perform, and distribute such and to prepare derivative works of, or incorporate into other works, such and to grant and authorise sublicenses of the foregoing; and (ii) understand and agree that such (including, without limitation, any portions of User Contributions that identify you as a Member of SocialDay or otherwise disclose Personal Data) is deemed publicly available information that is not subject to the confidentiality obligations set forth above in these Terms. Except as set forth in the immediately preceding paragraph, subject to any applicable Additional Terms, you retain whatever legally cognisable right, title, and interest that you have in your User Contributions.

SocialDay is not obligated to review, monitor, delete, or edit postings. However, we reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to delete or edit any posting that is objectionable, offensive, illegal, or in violation of these Terms or any community guidelines, codes of conduct, or other applicable Additional Terms with or without notice. You agree that you have no recourse against us if we refuse to post, or if we delete or refuse to delete, any post by you or other users of the Services. The number of posts by any Member or Services user is subject to reasonable limits at the discretion of SocialDay.

The content standards set out below apply to any and all User Contributions. User Contributions must, in their entirety, comply with all applicable laws and regulations. Without limiting the foregoing, you agree that you will not:

  • Post or deliver any unsolicited advertisement, promotional materials, junk e-mail, bulk e-mail (also known as “spam”), chain letters, surveys, or contests, or solicit participation in any pyramid schemes, without our express prior written consent;

  • Use the Services for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and buying or selling products or services) (a) without SocialDay’s prior written consent, or (b) unless (i) such use is relevant to and consistent with the purpose of the channel in which the communication occurs; (ii) you clearly disclose your association with any product that you promote; and (iii) such use is consistent with any other applicable community guidelines or other Additional Terms.

  • Post or deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful, or otherwise objectionable;

  • Post or deliver, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of medical condition, religion, race, ethnicity, sexual orientation, gender, age, or disability;

  • Post or deliver, or provide links to, any postings containing defamatory, false, or libellous material;

  • Post or deliver information that you know is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous;

  • Post or deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or right of publicity, and including by way of meta-tags or any other “hidden text”;

  • Post or deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;

  • Post or deliver information that violates any of our community guidelines, codes of conduct, or other applicable Additional Terms;

  • Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;

  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;

  • Use the Services in any manner which could damage, disable, overburden, impair, or otherwise interfere with the use of the Services or other users’ computer equipment, or cause damage, disruption, or limit the functioning of any software, hardware, or telecommunications equipment;

  • Attempt to gain unauthorised access to the Services, any related website, other accounts, computer system, or networks connected to the Services, through hacking, password mining, or any other means; or

  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, including harvesting or otherwise collecting information about others, such as e-mail addresses or other Personal Data.

5. USER FEEDBACK

By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Services or other means, you acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information of you or any third party; (ii) we are not under any obligations of confidentiality with respect to the Feedback; (iii) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (iv) you are not entitled to any compensation of any kind from us.

6. WIRELESS FEATURES; MESSAGES; LOCATION-BASED FEATURES

a.) Wireless Features

The Services may offer certain features and services via your wireless device. Features and services may include the ability to access the Services’ features, upload content to the Services, receive messages from the Services, and download applications to your wireless device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Services for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on the Services to reflect the changes. If the Services include push notifications or other mobile communication capability, you hereby approve of our delivery of electronic communications directly to your mobile device. These notifications, including badge, alert, or pop-up messages, may be delivered to your device even when the Services are running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your device through your device and/or app settings. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless device. Contact your carrier with questions regarding these issues.

b.) Email Messages

You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions, and if your opt-out is limited to certain types of emails, the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Services, such as administrative and service announcements, and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.

7. COPYRIGHT INFRINGEMENT

a.) UK Copyright Compliance

We are committed to complying with UK copyright and related intellectual property laws. If you are a copyright owner who would like to send us a notice to identify content or material posted on the Services that is infringing and that you would like removed from our Services, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a counter-notice, you may submit such notice to us by following the instructions in this Section 7.

b.) Infringement Notification

If you believe your copyrighted work has been copied and is accessible on the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

  • The electronic or physical signature of the owner of the copyright or the person authorised to act on the owner’s behalf.

  • A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

  • Identification of the location where the original or an authorised copy of the copyrighted work exists (for example, the URL of the website where it is posted or the name of the book in which it has been published).

  • Identification of the URL or other specific location on the Services where the material you claim is infringing is located, providing enough information to allow us to locate the material.

  • Your name, address, telephone number, and email address so that we may contact you.

  • A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.

Our agent for notice of claims of copyright infringement on the Services can be reached as follows:

By mail: Skills of The Future Ltd,  Paul Street, London

By email: DMCA@socialday.live

The email address above is only for reporting copyright infringement and may not be used for any other purpose.

If you believe an individual is a repeat infringer, please follow the instructions above to contact our copyright agent and provide information sufficient for us to verify the individual is a repeat infringer. It is our policy to remove and discontinue service to repeat offenders.

It is often difficult to determine if your copyright has been infringed. We may elect not to respond to infringement notices that do not substantially comply with all of the foregoing requirements, and we may elect to remove allegedly infringing material that comes to our attention via notices that do not substantially comply with the requirements.

c.) Counter-Notification

If access on the Services to a work that you submitted to SocialDay is disabled or the work is removed as a result of a copyright infringement notice, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a “Counter-Notification” to the email address listed above. Your Counter-Notification should contain the following information:

  • A legend or subject line that says: “Counter-Notification”;

  • A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it disabled (please include the full URL of the page(s) on the Services from which the material was removed or access to it disabled);

  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

  • Your full name, address, telephone number, email address, and the username of your account with us (if any);

  • A statement that you consent to the jurisdiction of the appropriate UK court, and that you will accept service of process from the person who provided the copyright infringement notification to us or an agent of such person; and

  • Your electronic or physical signature.

d.) Receipt of Counter-Notification

If we receive a Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) within a reasonable period following receipt of the Counter-Notification. However, we will not do this if we first receive notice at the address above that the party who sent us the original notification of claimed infringement has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. Upon our receipt of a Counter-Notification that satisfies the requirements, we will provide a copy of the counter-notification to the person who sent the original notification of claimed infringement and will follow the appropriate procedures regarding counter-notification. All Counter-Notifications must satisfy the requirements of the relevant UK copyright law. In all events, you expressly agree that neither SocialDay nor any of its affiliates or their employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement. Please note you may be held liable for money damages if you materially misrepresent an activity as infringing your copyrights.

8. PAYMENT PROCESSOR

SocialDay may use Stripe, Inc. (“Stripe”) as its third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). We reserve the right to change and/or add payment processing options. By registering for an Account, you agree to be bound by Stripe’s Privacy Policy: https://www.stripe.com/privacy, and hereby consent and authorise SocialDay and Stripe to share any information and payment instructions you provide with one or more third-party service provider(s) to the minimum extent required to complete your transactions. You also agree to be bound by Stripe’s Services Agreement: https://stripe.com/ssa, where applicable.

9. OTHER WEBSITES AND SERVICES

The Services may also link or otherwise refer to third-party websites and services, including independent professional facilitators and experts (“Third-Party Services”). Third-Party Services are not under the control of SocialDay, and we are not responsible for Third-Party Services, or for any information or materials on, or any form of transmission received from, any Third-Party Service. The inclusion of a link or reference to a Third-Party Service does not imply endorsement by SocialDay of the Third-Party Services. We do not investigate, verify or monitor the Third-Party Services. We provided links to Third-Party Services for your convenience only. YOU ACCESS THIRD-PARTY SERVICES AT YOUR OWN RISK. THIRD-PARTY SERVICES ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, OR JOINT VENTURERS OF SOCIALDAY. SOCIALDAY DOES NOT PERFORM THE THIRD-PARTY SERVICES, AND MEMBERS HEREBY ACKNOWLEDGE THAT SOCIALDAY DOES NOT SUPERVISE, DIRECT, CONTROL OR ACCEPT ANY RESPONSIBILITY FOR THIRD-PARTY SERVICES BUT MAY MONITOR AND SUPPORT THIRD-PARTY SERVICES THROUGH THE SERVICES.

In particular, some activities relating to the Services may be carried out using the third-party platform Slack, hosted by Slack Technologies, Inc. and its affiliates (“Slack”). Your use of Slack is subject to Slack’s User Terms of Service, located at: https://slack.com/terms-of-service/user. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SLACK’S PRIVACY OR SECURITY PRACTICES, AND YOUR USE OF SLACK IS AT YOUR OWN RISK.

10. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS

We strive to accurately describe our products or services offered on the Services; however, we do not warrant that such specifications, pricing, or other content on the Services is complete, accurate, reliable, current, or error-free. As permitted by applicable law, we shall have the right to refuse or cancel any orders in our sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from SocialDay is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase, and receive a credit for the purchase price.

11. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE” WITHOUT WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOCIALDAY MAKES NO REPRESENTATIONS, WARRANTY, OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES OR CONTENT. THE SERVICES AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES DOES NOT CONSTITUTE ADVICE OF ANY KIND AND SHOULD NOT BE RELIED UPON IN ANY WAY. SOCIALDAY IS NOT LIABLE FOR ANY OMISSIONS OR ERRORS OF THE SERVICES OR CONTENT. UNDER NO CIRCUMSTANCES WILL SOCIALDAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE, AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU OR A THIRD PARTY.

12. LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SOCIALDAY AND ITS SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “SOCIALDAY PARTIES”) BE LIABLE UNDER, OR IN CONNECTION WITH, THESE TERMS OR THEIR SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, FOR ANY: (I) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT, OR LOSS OF DATA; OR (II) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

IN NO EVENT WILL SOCIALDAY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED AN AMOUNT EQUAL TO THE GREATER OF (A) THE AMOUNT YOU HAVE PAID SOCIALDAY IN CONNECTION WITH THE TRANSACTION(S) OR CIRCUMSTANCES THAT UNDERLIE THE CLAIM(S); OR (B) FIVE BRITISH POUNDS (£5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE, AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13. INDEMNIFICATION

As permitted by applicable law, you agree to, and you hereby, defend (if requested by SocialDay), indemnify, and hold the SocialDay Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including solicitors’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any SocialDay Party, or on account of the investigation, defence, or settlement thereof, arising out of or in connection with: (i) your User Contributions; (ii) your use of the Services and your activities in connection with the Services; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other rights of any person or entity; (vi) any misrepresentation made by you; and (vii) the SocialDay Parties’ use of the information that you submit to us (including your User Contributions) subject to our Privacy Policy: https://www.socialday.live/privacy (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the SocialDay Parties in the defence of any Claims and Losses. Notwithstanding the foregoing, the SocialDay Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The SocialDay Parties reserve the right to assume the exclusive defence and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of SocialDay. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

14. GOVERNING LAW; DISPUTE RESOLUTION

a.) Governing Law and Forum Selection

These Terms and any applicable Additional Terms, and any other claim brought by you against the SocialDay Parties or by SocialDay against you, or otherwise related to the Services, Content, User Contributions, products, or SocialDay intellectual property, will be governed by, and construed and resolved in accordance with, the laws of England and Wales, without regard to principles of conflicts of law. You and SocialDay agree that any claim or dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

b.) Pre-Arbitration Notification

SocialDay and you agree that it would be advantageous to discuss and hopefully resolve any disputes before formal proceedings are initiated. The party making a claim—whether you or SocialDay—shall send a letter to the other side briefly summarising the claim and the request for relief. If SocialDay is making a claim, the letter shall be sent, via email, to the email address listed in your Account, as applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 14(b). If you are making a claim, the letter shall be sent to: Skills of The Future Ltd, Paul Street, London. If the dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 14. Either you or SocialDay, however, may seek provisional remedies (such as preliminary injunctive relief) subject to Section 14(c) before the expiration of this sixty (60)-day period.

c.) Arbitration of Claims

Unless you give us notice of opt-out within five (5) business days of your first use of the Services, all actions or proceedings arising in connection with, touching upon, or relating to any dispute, or the scope of the provisions of this Section 14, shall be submitted to arbitration under the Arbitration Act 1996 or any statutory modification or re-enactment thereof to be held in London, England, before a single arbitrator. If the matter in dispute is over £250,000, it shall be administered by the London Court of International Arbitration (LCIA) under its LCIA Arbitration Rules. If the matter in dispute is £250,000 or less, it shall be administered by the Centre for Effective Dispute Resolution (CEDR) under its Arbitration Rules. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by the applicable institution. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ solicitors, insurance providers, auditors, and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award.

d.) Class Action Waiver

As permitted by applicable law, both you and SocialDay waive the right to bring any dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any dispute brought by anyone else. Notwithstanding any provision in the LCIA Arbitration Rules or CEDR Arbitration Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 14 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

e.) Small Claims Matters

Notwithstanding the foregoing, either of us may bring a qualifying claim of general dispute (but not IP disputes) in a small claims court in the UK, subject to Section 14(d).

f.) Survival

The provisions of this Section 14 shall remain in full force and effect notwithstanding any termination of your use of the Services or these Terms.

15. CHANGES TO SERVICES AND/OR TERMS

To the maximum extent permitted by applicable law, we may, in our sole discretion, change, modify, suspend, make improvements to, or discontinue any aspect of the Services, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify these Terms in our sole discretion and will notify you of material modifications, such as by posting updated Terms on the Services, sending you an email to your account email, or by other reasonable means. Your use of the Services after any modification we make constitutes your acceptance of the most recent version of these Terms as modified. You may be required to accept modified Terms to continue use of the Services.

16. TERMINATION

You may terminate your use of the Services at any time. We may, in our sole and absolute discretion, take whatever action we deem necessary to preserve the integrity of the Services and Content. Violation of any of these Terms may result in actions being taken by us, effective immediately or at a time determined by us, which may include without limitation: (i) temporarily suspending your access to the Services, or (ii) permanently terminating your access to the Services. Without limiting the foregoing, we retain the right to decline to provide the Services to any user who violates these Terms or our Privacy Policy.

Following termination (by us or by you) or suspension, you will not be permitted to use the Services. Any suspension or termination will not affect your obligations to SocialDay under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Services, or upon notice from us, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will discontinue use of the Services. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination, will survive, including terms pertaining to ownership and intellectual property, the rights and licenses you grant to SocialDay in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, mandatory arbitration, and certain general terms.

17. INTERNATIONAL USE

Please be aware that we are headquartered in the United Kingdom and that the Services and Content are governed by UK law. If you are using the Services or accessing the Content from outside of the United Kingdom, your information may be transferred to, stored, and processed in the United Kingdom where our servers may be located.

We make no representation that the Services or Content are appropriate or available for use in locations outside of the United Kingdom, and access to the Services or Content from territories where such Services or Content is illegal is prohibited. Those who choose to access the Services and Content from locations outside of the United Kingdom do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or Content in violation of UK export laws and regulations.

If you use the Services or access the Content outside of the United Kingdom, you: (i) consent to the transfer, storage, and processing of your information to and in the United Kingdom; and (ii) agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject SocialDay to any registration requirement within such jurisdiction or country.

18. FORCE MAJEURE

We will not be liable to you for failing to perform our obligations under or arising out of these Terms, the applicable Additional Terms, or any applicable laws or regulations because of any event beyond our reasonable control, including a labour disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider or any other third party to perform, acts of war or other action of military forces, terrorism, riot, civil commotion, sabotage, vandalism, accident, fire, flood, acts of God, pandemics, strike, lock-out or other industrial disputes (whether or not involving our employees or those of our affiliates, suppliers, or licensors), or legislative or administrative interference (including those giving rise to currency changes).

19. GENERAL TERMS

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and SocialDay intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and SocialDay agree that if any provision of these Terms is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are for convenience only and have no legal or contractual significance. SocialDay may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. SocialDay’s failure or delay to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on SocialDay if it is in a written document signed by SocialDay. Both you and SocialDay warrant to each other that, in entering these Terms, neither SocialDay nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and SocialDay, or SocialDay’s successors and permitted assigns, will have any right to enforce any of these Terms. Where we need to send you notices under these Terms of Use or in connection with your use of the Services, you hereby consent to receive electronic notices from us, whether addressed to the email address associated with your account or another email address that you provide to us. To the maximum extent permitted by applicable law, you acknowledge and agree that any communication via email or by postings on the Services satisfies any legal requirement that such communications be made in writing. All legal notices to us must be sent to: Skills of The Future Ltd, Paul Street, London.

20. CONTACT INFORMATION

For help with the Services or if you have any questions regarding the Services or these Terms of Use, please contact customer service at the below address/contact information. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive these Terms of Use or the applicable Additional Terms.

Email: membership@socialday.live
Mail: Skills of The Future Ltd, Paul Street, London