ChangeabilityPro™ Terms of Service

These Terms of Service (“Terms”) are an agreement between Capability for Change Limited and you and govern your use of the Site (ChangeabilityPro™) and all information on or submitted through it.

You understand that your use of this Site, registration on the Site, electronic forms, surveys and interactive exhibits related to this Site (collectively the “Site”), constitutes your agreement to these Terms, including but not limited to the Capability for Change Limited Privacy Policy as amended from time to time.

References to “you” mean the “user” individually, unless otherwise stated on the Site or in these Terms. You hereby represent that after reading and understanding these Terms, you agree to these Terms. Persons under 18 years of age are not authorized to use the Site.

1. Restriction on Use of Content; Export Controls

The Site may contain a variety of information, including (without limitation) information, data, text, software, photographs, graphics, video, messages or other materials (collectively, “Content”).

You acknowledge that output is generated by machine learning capabilities and functionality, and we make no warranty or guarantee as to the accuracy, completeness or reliability of the output.

Also, you may upload, post or otherwise provide Content in connection with the Site (“Your Content”). Some of the Content on the Site is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. However, we also may have Content that if so designated may be downloaded by you pursuant to these Terms (“Available Content”).

You may review, download, copy, distribute and use the available Content solely for your personal, non-commercial purposes. You may not sell the available Content or otherwise distribute it for a fee. You will not use or disclose it or the Site to any third parties except as expressly permitted by these terms.

2. Registration and Creating Profiles etc.; Attribution of Electronics Acts to You

For some areas of the Site, you may have to complete a registration process or create a profile for use in applying for something (e.g., participation in a webinar or live event). In case that the completion of the process involves the creation of an account with a username and password or other identifier, you agree to guard them as confidential information. If you are careless with it, others may be able to access the information.

You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or Capability for Change Limited has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, Capability for Change Limited may suspend or terminate your access or application to the Site, in addition to exercising all rights and remedies allowed by law.

You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates, and other third parties with whom we work in order to provide the Site, Content, services or pursue our mission (including but not limited to our and their respective affiliates, officers, employees and agents) (collectively “Third Parties”), as being a use made by you, even if someone else used your identifier.

For the avoidance of doubt, application to the Content are accepted via the Site only. An application is “received” when the application is uploaded to the Site and remains accessible by Capability for Change Limited at least throughout the submissions period stated on the Site. Proof of submitting an application will not be deemed to be proof of receipt by Capability for Change Limited.

Capability for Change Limited has no obligation to advise you of an incomplete or otherwise non-compliant application. You are solely responsible for internet connectivity, software and/or hardware that may be required to create and submit your application. If you apply for access to the Site, you hereby represent and warrant that you freely and voluntarily submit such application.

Capability for Change Limited may determine your qualification to be accepted to the Site at its sole discretion. We reserve the right to accept or deny a candidate’s application, at any time, for any reason, and to supplement or amend our eligibility criteria at any time.

3. User Generated Content and Site Activities

A. User Generated Content – Your Responsibility and License to Others. When you provide Your Content, such as by uploading information, you:

• Represent and warrant that Your Content is (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to Capability for Change Limited and other users for download, distribution and use under these Terms without (i) violation (by you, us, Third Parties, users or anyone else) of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, Third Parties, users or anyone else that you have not conspicuously disclosed in Your Content. As used here, “adverse consequence,” means a restriction governing Your Content which could be triggered if we or others exercise a right under the license you grant below and which imposes an obligation, liability or impairment of rights on us or others that was not conspicuously disclosed by you before exercise of a right. To disclose an adverse action, you agree to conspicuously place on or in Your Content notice that adverse actions can result and that you may be contacted at the email address and telephone number in the notice to obtain your full disclosure of applicable licenses and restrictions applicable to Your Content;
• Grant Capability for Change Limited, its affiliates, Third Parties sub-licensees and successors and assigns, and each Site user who downloads Your Content under these Terms, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license to (i) use, copy, distribute, modify and create derivative works from Your Content; (ii) publicly perform or display, license and distribute copies of Your Content, modified (Your ) Content and derivative works of Your Content; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determined by Capability for Change Limited or other licensed person in its sole discretion) to allow Capability for Change Limited or other licensed person to fulfil its mission, to further its related operations, and to create, advertise, operate and manage the Site.

We reserve the right to remove Your Content if we believe Your Content violates these Terms or may otherwise create liability for us.

In addition to the rights above, you acknowledge and agree that we may keep Your Content indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of Your Content violates the rights of third parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of Capability for Change Limited, its users and the public.

You agree not to upload, post or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to:

(i) be defamatory, obscene, invasive to another person’s privacy or protected data, or tortious; (ii) be infringing upon anyone’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity; (iii) contain any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and (iv) in violation of any applicable license, law or contractual or fiduciary duty or provision (including by exercise of the rights you grant to Capability for Change Limited above).

Capability for Change Limited anticipates that some Content will be made available to you and others through the Site or otherwise. Content may be outdated or contain typographical errors, inaccuracies, omissions, or problematic or defective functionality. You agree not to rely on Content and to determine all relevant factors on your own, including (without limitation) accuracy, functionality, quality, reliability and other relevant factors. We reserve the right to monitor and exercise all other rights of ours, and to modify or remove any Content at any time, but do not undertake any duty to do so.

Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of Capability for Change Limited.

B. Site Activities. The Site is provided As Is and when available, and we may change all Content, functionality and services in our discretion at any time. We may also do this for particular activities even if you have started to participate. For example, we supersede a neurohack or its associated resources, change descriptions of the neurohack or change playlists or guided path Content at any time even if you have already started to use this Content. Also, we or Third Parties might make a mistake and we reserve the right to correct anything, including but not limited to Content or assistance on the Site. For example, we may correct, change, withdraw or do anything else with a neurohack even if you have already taken action based on it.

4. Privacy Policy

Please refer to our Privacy Policy, which describes our practices and policies related to the collection, use, and storage of personal data. Do not provide personal data about others unless you are authorized or required to do so by contract or applicable law. You may provide personal data on behalf of another person if you have provided them with a copy of our Privacy Policy and any applicable supplemental privacy notice and obtained their explicit consent. We may ask you to provide evidence of that notice and consent.

5. Our Intellectual Property Rights

The Complete Site (as defined in Section 8 below), excluding Your Content and inclusive of names, logos, trademarks and service marks (collectively, “Marks”), any and all related or underlying technology and any modifications, enhancements or derivative works of the foregoing, are the property of Capability for Change Limited and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted to you are reserved. You are not authorized to use any of Capability for Change Limited’s Marks without Capability for Change Limited’s prior written consent.

6. Feedback; Your License to Us

We hope that you will provide your Feedback (as defined below) so that we may better support, improve and pursue our mission. However, you agree that you will not supply Feedback that infringes or violates the rights of others, and you hereby grant Capability for Change Limited a License (as defined below) to your Feedback. You agree that we have no obligation to pay you or anyone else for Feedback or for the License to Capability for Change Limited. “Feedback” means all remarks, data, suggestions, methods, surveys, reports, processes and ideas (including patentable ideas) and other Content that you provide by using the Site or provide about it, Content or any aspect of our mission or operations, whether provided to us or persons working with us or the Feedback, and whether provided through the Site or media such as a chat room, survey, report, grant, software tool, bulletin board or otherwise.

As used above, “License to ChangeabilityPro™” means a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to Capability for Change Limited to exercise all now or later existing intellectual property rights or other rights of yours or others in the Feedback, for purposes of supporting Capability for Change Limited’s purposes (as determined by us in our discretion from time to time) in full or in part and in all possible media (now known or later developed). The foregoing rights include (but are not limited to), the right to display, perform, read (on air or otherwise), and publish in public or private Sites, newspapers or other media, brochures, reports and so on, all or part of the Feedback and any other information that you provide through or relating to our Site or the Content.

7. Indemnification

You agree to indemnify, defend and hold harmless Capability for Change Limited and Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the Content, use of the Site, any assistance, consultation or services provided by us or Third Parties in relation to the Site, any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defence of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defence of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record.

8. No warranties, conditions, or other duties

The Site and all Content (regardless of who generates it), Site functionality, offering, assistance, consultation, activities, webinars, events, courses and services provided by the Site, Capability for Change Limited or third parties (collectively, “complete Site”) are subject to change and provided by us or third parties “as is” without any warranty or condition, and without the undertaking of any duty, of any kind, either expressed or implied, including, but not limited to, any (if any) warranties or conditions of merchantability and fitness for a particular purpose, and any duty (if any) of workmanlike effort or lack of negligence. The complete Site is provided: (1) with all faults and the entire risk as to satisfactory quality, performance, accuracy and effort is with you; and (2) without any assurance, or warranty, condition or duty of or regarding: functionality; privacy; security; accuracy; availability; lack of: negligence, interruption, viruses or of other harmful code, components or transmissions; or the nature or consequences of available Content such as (without limitation) whether software or other Content is subject to any particular license, or whether it is subject to any restrictions or consequences that might be triggered by any exercise of a right granted under these terms.

There is no warranty by us or third parties of title or against infringement or interference with enjoyment of any aspect of the complete Site. You agree that you will obtain (including through download) any Content entirely at your own risk, and you will be solely responsible for any resulting infringement, breach of contract, consequence or damage, including (without limitation) to your computer system or loss of data.

You agree that by applying to the Site, Capability for Change Limited does not guarantee your acceptance to Content or events, nor does Capability for Change Limited guarantee any employment or any other engagement (whether at Capability for Change Limited or any third party) with you.
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.

9. No incidental, consequential or certain other damages

To the full extent allowed by law, you agree that neither Capability for Change Limited nor any of the third parties, will be liable to you or anyone else for any special, consequential, incidental or punitive damages, damages for lost profits, for loss of privacy or security, for loss of reputation, for lost opportunity or lost business, for failure to meet any duty (including without limitation any duty of good faith or lack of negligence or of workmanlike effort), or for any other similar damages whatsoever that arise out of or are related to any aspect of the complete Site or to any breach of these terms (including without limitation, the privacy policy), even if we or a third party has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or products liability or misrepresentation.

10. Exclusive remedy and damage limitation

You agree that your exclusive remedy for any breach of these terms (including without limitation, the privacy policy) and for any aggregate damages due to you (or others related to you) by Capability for Change Limited or any of the third parties for any reason relating to any part of the complete Site, will be at our option: (a) substitution, correction or replacement of all or part of the Content or service causing your damage (if any); or (b) seventy five British pounds (GBP 75). The damage exclusions and limitations in these terms are independent and will apply even if any remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of liability as specified in sections 9 and 10 and, to the least extent as allowed by law, such exclusions and limitations may not apply to you.

11. Linked Sites

Our Site may contain links to websites of third parties. We provide these links as a convenience, but do not endorse the linked Site or anything on it. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked Sites are at your own risk and governed by their privacy notices, statements, or policies (if any).
In addition, you are not permitted to link or shortcut to our Site from your website, blog or similar application, without obtaining prior written permission from us.

12. Amendments

You agree that from time to time we may alter these Terms, including but not limited to the Privacy Policy, and including adding or eliminating all or parts of provisions (“Amendments”). You also understand that Capability for Change Limited may, at any time initiate Content on terms that may differ from those contained in these Terms. Amended versions of these Terms will take effect on the date specified for the amended version (“Effective Date”) and will apply to all information that was collected before or after the Effective Date, including information in databases. You have no continuing right to use the Site, and each time you visit you will be subject to the version of the Terms in effect on your visit. Those terms will change from time to time and the changes will be effective when they appear in a replacement version of these Terms as posted by us on the Site. No other Amendments will be valid unless they are in a paper writing signed by us and by you.
Each time you return to the Site, you are responsible for checking the effective date of the then posted version of these Terms – if it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using the Site. Use of the Site after the effective date will constitute your consent to the amendments, so if you do not want to be bound by an amended version, do not use the Site and cease all use of the Content, any services or assistance.

13. Notices

We shall use your contact details that we have in our records, in connection with providing you notices. Our contact details for any notices are detailed below. You acknowledge notices that we provide you, in connection with these Terms and/or as otherwise related to the Site, shall be provided as follows: By posting on the Site, text, e-mail, phone or first class, airmail, or overnight courier. You further acknowledge that an electronic notification satisfies any applicable legal notification requirements, including that such notification will be in writing. Any notice to you will be deemed given upon the earlier of: (i) receipt; or (ii) 24 hours of delivery. Notices to us shall be provided to admin@capabilityforchange.com or sent to 88 North Street, Hornchurch, RM11 1SR, United Kingdom.

14. Termination or Cancellation; No Continuing Rights

You have no continuing right to use the Site and we may deny or suspend access, or terminate or cancel these Terms with or without cause and at any time and without prior notice. This is so even if you elect to store documents on the Site, such as a draft of an application, so make your own copies of anything to which you want to ensure access. We may give notice of termination or cancellation in the same way that we may provide other notices.
Termination or cancellation will not eliminate the surviving provisions of these Terms (see “Entire Agreement; Miscellaneous”) and you will still be liable for obligations incurred before these Terms or access ended.

15. Entire Agreement; Miscellaneous

These Terms, including the Privacy Policy, amendments and any: (a) notices, terms and items incorporated into any of them; (b) additional terms and conditions contained on the Site for particular activities or Content; and (c) our disclosures and your consents provided on or in connection with the Site or any Content, service or other activity; constitute the entire agreement between you and Capability for Change Limited regarding the Complete Site or the subject matter of the foregoing (collectively, “Entire Agreement”). If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. The foregoing does not impair the enforceability of additional agreements you enter into.
Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent.

16. Governing Law and Jurisdiction

The validity construction and performance of these Terms and Conditions are for convenience only and shall not affect the construction thereof. Terms and Conditions are subject to English Law and Courts of London.