Vitalsby myNexus

Below are our terms for the use of this Website, whether as a guest or a registered user - please read these terms carefully before using this Website.

These terms are an agreement ("Agreement") between you and MYNEXUS LIMITED about your use of this Website and the information contained in or available through this Website and should be read in conjunction with our privacy policy. If you do not agree to these terms in full please leave this Website and do not make use of our services. By remaining on this Website and/or making use of our services you are deemed to accept these terms in full. Our terms and our privacy policy are updated from time to time, e.g. to reflect changes in our services and this Website. Please return to these terms from time to time and note any changes, as they are binding on you. Protecting your privacy is very important to us: please review our privacy policy, which explains how we treat your personal information and protect your privacy.

1. Definitions

1.1 “joinmynexus.com”, "mynexusplatform.com", "joinmynexus.co.uk", "mynexusplatform.co.uk", “Us”, “Our” and “We” all refer to this Website, or the owner of it, which Website belongs to MYNEXUS LIMITED (company number 11914945), a private company registered in England and Wales with its registered office address at JACTIN HOUSE, 24 HOOD STREET, MANCHESTER, M4 6WX. JOIN MYNEXUS, JOINMYNEXUS, ENTREPRENEUR SKILLS INDEX, ESI, FRISK, GETFRISKED, STARTUP VITALS, and INVESTRENEUR are all trading names and trademarks of MYNEXUS LIMITED.

1.2 “You” refers to you the visitor and, or customer.

1.3 “Website” means this website at startupvitals.com and vitals.mynexus.app

2. Access to website

2.1 You can access all of this Website without having to register any details with us. This includes all articles, guides, news and product information pages within the Website.

2.2 It is for you to make the proper arrangements for you to access this Website. You are responsible for ensuring that all persons who access the Website through your Internet connection are aware of this Agreement, and that they comply with it.

2.3 Our Website is intended for people in the United Kingdom. Content available on our site may not be suitable or accessible from other countries. We may restrict the availability of our Website or our services or goods to any person or country at any time without prior notice. If you access our site from outside the United Kingdom, you do so at your own risk.

3. Use of website and services

3.1 Any material that is available free of charge on this Website you are permitted to use for your own personal use, but not for distribution (including sharing or making available for use by others by any means, whether free of charge or for payment) or resale. You promise that you will not resell or otherwise attempt to commercially benefit from the Website content.

3.2 All intellectual property (including without limitation copyright) in this Website and its content belongs to us or our licensors and are protected by copyright laws around the world. You have permission to print one copy and download extracts of any web page(s) from our Website for (a) your personal use and (b) to mention to colleagues in your organisation. You do not have permission to use any illustrations, photographs, video or audio files separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material must always be acknowledged and you must not use the material on the Website in a derogatory manner.

3.3 Otherwise than in accordance with clause 3.1, no part of this Website may be used without our prior permission.

3.4 If, in breach of these terms of use, you print off, copy or download any part of our Website, then your right to use our Website and its contents is automatically revoked - you must then immediately destroy any copies you have made of any part of our Website.

3.5 We do not guarantee that our Website will be free from bugs or viruses or protected at all times against hacking. You are responsible for setting up your computer to access our Website and using appropriate firewall and virus protection software.

3.6 Separate terms and conditions of supply will apply if you purchase goods or services from our product websites that are linked from this Website. You should read those terms of use and privacy policies separately.

4. Site uptime

4.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this Website is unavailable at any time. We do not guarantee that our Website, or any content on it, will be available uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

4.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues, but shall not be obliged to do so.

5. Visitor conduct

5.1 With the exception of personally identifiable information, the use of which is covered under our privacy policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise us to the contrary, we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

5.2 When using this Website you must not attempt unauthorised access to our Website, the servers on which our Website or database are stored or any servers, computer or database connected to our site, and you shall not post or send to or from this Website any material:

5.2.1 for which you have not obtained all necessary consents;

5.2.2 that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom; or

5.2.3 which is harmful in nature, including, and without limitation, denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data.

5.3 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

5.4 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website in breach of Paragraph 5.2.

5.5 If a third party alleges that content posted by you on our site is in breach of their intellectual property rights or their right to privacy, we may disclose your identity to such third party.

5.6 We reserve the right to remove any posting you make on our Website for any reason and without notice, but particularly if your post does not comply with these terms of use.

6. Your account and password

6.1 If you choose, or you are provided with, a user log-in or password as part of our security procedures, you must keep such information confidential.

6.2 If in our reasonable opinion you have breached these terms of use, then we may disable any user log-in or password at any time.

6.3 If you suspect anyone else knows your user log-in or password, you must promptly notify us at privacy@mynexus.app. You can also use this email address if you have problems with logging in or access.

7. Startup Vitals Business Support

7.1 This Website is a service and platform that provides entrepreneurs with access to databases and resources in order to help them learn, develop, and access support for their business.

7.2 The Website is a self-service data-mining tool for the purposes of accessing certain resources, plans, capabilities, ways-of-working, and documentation relating to entrepreneurialism and business management.

7.3 The services provided by us rely on (i) there being sufficient data provided by users for analysis, and (ii) voluntary supply of truthful data (“Answer Data”) It is your responsibility to ensure that you provide sufficient truthful Answer Data by answering any questions via the Website.

7.4 We may provide an access point to allow users to link, analyse and interpret certain Answer Data including but not limited to the myNexus Startup Vitals predictive matching methodology.

7.5 We will provide certain insight and analytics related to the analysis compiled and analysed with reference to aggregated data, trends, relative performance and other measures. You agree that such data will not be relied upon and that the results are subject to interpretation and applied judgement.

7.6 You agree that myNexus owns the content of any analysis produced outside of the Website and that you will not distribute such content or utilise for commercial purposes or gain, and that analysis is for personal use only such as developing skills and business plans.

7.7 You agree that myNexus does not guarantee that the outcomes of any analysis will result in improved performance of an individual or any business enterprise, nor do we accept any liability for any actions you may take as a result of reading the analysis.

7.8 You agree that you will not place reliance on the analysis and information provided through our service and that myNexus has no liability for any change in performance of an individual or any business enterprise as a result of said analysis.

7.9 You agree that you are solely responsible for the content that you, or any user with access to your account, provides to the Website and warrant that that information is true and correct to the best of your knowledge.

7.10 We exclude all legal responsibility and costs for any reliance placed by anyone on any information provided via us, our site or our services.

7.11 You agree that as per our privacy policy and cookie policy use of the Website is conditional on our right to collect and analyse data and other information relating to the provision, use and performance of various aspects of the services including, without limitation, information concerning your data and data derived therefrom, and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the services and for other development, diagnostic and corrective purposes in connection with the services and other product offerings, (ii) disclose such data solely in aggregate or other de-identified form in connection with our business, and (iii) disclose such data in identifiable form in connection with your providing a link to your analysis without membership.

7.12 You agree to the specific terms as follows:

7.12.1 Membership

7.12.1.1 Your membership will continue until terminated. To use the free myNexus service you must have internet access, and a device capable of access. In order to access some Website features (“Paid Service”) you must also provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorise us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below). We may offer several different membership plans, including special promotional plans which may have different conditions or limitations which will be disclosed to you at sign-up or in other communications made available to you.

7.12.2 Billings and Order Cancellation/Refunds

7.12.2.1 Fees for paid services will be charged to your Payment Method on the date of order as indicated on your account. Once an order has been placed it is not cancellable or refundable - this does not affect your statutory rights.

7.12.2.2 Any membership fee for the service will be charged to your Payment Method on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date.

7.12.3 Payment Methods

7.12.3.1 To use the service you must provide one or more Payment Methods. You authorise us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

7.12.4 (Membership) Cancellation

7.12.4.1 You can cancel your membership at any time, and you will continue to have access to the paid service through the end of your billing period. If you cancel your paid membership you will still have access to the free service. Payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods. To cancel go to your account page and follow the instructions for cancellation.

7.12.5 Changes to Pricing

7.12.5.1 We may change the pricing of our services from time to time; however, any price changes will be made prospectively in future Billing cycles.

7.12.6 Free Trials

7.12.6.1 Your membership may start with a free trial. The duration of the free trial period of your membership will be specified during sign-up and is intended to allow new members to try the service. Free trial eligibility is determined by myNexus at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. For combinations with other offers, restrictions may apply. We will charge the membership fee for the next billing cycle to your Payment Method at the end of the free trial period unless you cancel your membership prior to the end of the free trial period.

8.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk. We will not be liable for any loss or damage that may arise from your use of them.

8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:

8.2.1 you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed to by us in writing;

8.2.2 you do not misrepresent your relationship with us or present any false information about us;

8.2.3 you do not link from a website that is not owned by you; and

8.2.4 your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.

8.3 If you choose to link to our Website in breach of Paragraph 8.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

9. Disclaimer and exclusion of liability - please read carefully

9.1 Our Website is made available free of charge. We take reasonable steps to ensure that the information on this Website is correct at the time of first publishing. However, we do not guarantee the correctness or completeness of material on this Website or the absence of inaccuracies, omissions or typographical errors. We may make changes to the material on this Website at any time and without notice, including corrections. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up-to-date. We are not liable to send you notice of any changes or corrections made.

9.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.

9.3 All information and services are provided "as is" without warranty or condition of any kind. We disclaim all warranties and conditions with regard to this information and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

9.4 Any information on the Website in many cases will be an abbreviated and simplified summary for general use or general guidance only, and is not a substitute for taking specific advice on your own situation from an appropriate expert. Before taking, or refraining from, any action on the basis of the content of our Website, you must obtain suitable advice from a professional or specialist.

9.5 You use the Website at your own risk - neither we, nor our agents, employees and sub-contractors, shall be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the website (whether under these terms and conditions or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).

9.6 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website) shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our Website. This exclusion shall include (without limitation) servicing or repair costs and any other direct, indirect or consequential loss, and whether in tort, contract or otherwise in connection with this Website.

9.7 We shall have no liability to any users for loss (whether in contract, tort, including without limitation negligence, breach of statutory duty or otherwise, and whether foreseeable or not) relating to:

9.7.1 use of, or inability to use, our Website; or

9.7.2 use of, or reliance on, the contents of our Website.

9.9 In addition if you are a business user, we will not be liable to you for:

9.9.1 lost profit or turnover;

9.9.2 interruption or disruption of your business;

9.9.3 your failure to make anticipated savings;

9.9.4 lost business opportunities or damage to your goodwill or reputation; or

9.9.5 indirect or consequential losses.

9.9 In addition if you are a consumer, you agree not to use our site for any commercial or business purposes, and we shall have no liability to you for anything mentioned in Paragraphs 9.9.1 to 9.9.5.

9.10 We shall have no liability to you for any losses caused by a distributed denial-of-service attacks, computer viruses, trojans, worms, logic bombs, corrupted data, or other potentially harmful software or data that may damage your computer system, software and data from your use of our Website or your downloading of any content on it, or on any website linked to it.

9.11 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 11077); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under English law.

10. Miscellaneous

10.1 If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the above disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.

10.2 Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the use of the Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the use of the Website.

10.3 You must not assign or otherwise transfer the Agreement, or any right granted under it, without our written consent. We can freely transfer our rights under the Agreement.

10.4 Any failure by us to enforce or exercise any provision of the Agreement, or any related right, will not be a waiver of that provision or right.

10.5 We may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.

11. Governing jurisdiction

11.1 These Terms shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.

Version: JULY 2022

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