TERMS & CONDITIONS
1. About us
We are The Beam Network Ltd a company registered in England and Wales under company number: 12795599. Our registered office is at: 8 Shepherd Market, Mayfair, London, England, W1J 7JY.
2. How to contact us
3.1. These terms apply to the use of our website (https://www.thebeamnetwork.com/) and associated membership as indicated. Please read these terms carefully before you use our website and/or apply for membership with us as they set out important information about your and our rights and obligations. Please note that by using our website and/or applying for a membership, you will be accepting these terms.
3.2. For the purposes of these terms, you are a ‘consumer’ if you are purchasing a membership from our website as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a ‘business customer’ if you are purchasing a membership from our website for purposes relating to your trade, business, craft or profession. Some terms only apply to you if you are a consumer and other terms only apply to your order if you are a business customer, so please make sure you read these terms carefully.
3.3. Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to The Beam Network Ltd, and any reference to ‘you’ or ‘your’ is to the person using our website and/or purchasing a membership.
3.4. You must be at least 18 years old to register for a membership with us. If you are a business customer registering on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
3.5. We may make changes to these terms at any time. Our updated terms will be displayed on our website and by continuing to use and access the website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms from time to time to verify such variations.
3.6. Please consider the environment before printing these terms.
4. Our website
4.1. This paragraph applies to any parts of the website, its functionality and content provided to you free of charge for information purposes only.
4.2. If you purchase a membership to access restricted parts of the website, the remainder of these terms will also apply.
4.3. The website is for your personal and non-commercial use only.
4.4. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the website.
4.5. We make no promise that the website is appropriate or available for use in locations outside of the UK. If you choose to access the site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
4.6. As a condition of your use of the website, you agree not to:
4.6.1. misuse or attack our website by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack);
4.6.2. attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website;
4.6.3. use the website for any purpose that is unlawful under any applicable law or prohibited by these terms in their entirety;
4.6.4. use the website to commit any act of fraud;
4.6.5. use the website to distribute viruses or malware or other similar harmful software code;
4.6.6. use the website for purposes of promoting unsolicited advertising or sending spam;
4.6.7. use the website to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
4.6.8. use the website in any manner that disrupts the operation of our website or business or the website or business of any other entity;
4.6.9. use the website in any manner that harms minors;
4.6.10. use the website to promote any unlawful activity;
4.6.11. use the website to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
4.6.12. use the website to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
4.6.13. use the website to attempt to circumvent password or user authentication methods.
4.7. You may create a link to our website from another website without our prior written consent provided no such link:
4.7.1. creates a frame or any other browser or border environment around the content of our website;
4.7.2. implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our website;
4.7.3. displays any of the trade marks or logos used on our site without our permission or that of the owner of such trade marks or logos; or
4.7.4. is placed on a website that itself breaches these terms.
4.8. We reserve the right to require you to immediately remove any link to the website at any time, and you shall immediately comply with any request by us to remove any such link.
5. Accuracy of information and availability of the site
5.1. We try to make sure that the website is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
5.2. We may suspend or terminate access or operation of the website at any time as we see fit.
5.3. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any such purposes. You should always use your own independent judgment when using our website and its Content.
5.4. While we try to make sure that the website is available for your use, we do not promise that the website will be available at all times or that your use of the website will be uninterrupted.
5.5. We may prevent or suspend your access to the website if you do not comply with these terms or any applicable law.
6.1. You can apply to purchase an annual membership here: https://www.thebeamnetwork.com/membership .Please check your information carefully and correct any errors before you submit it to us.
6.2. In order to become a member you will be required to conduct an interview and sign our community pledge which will be sent to you by email.
6.3. After you apply, we will send you an acknowledgment email to let you know that we have received your application. This does not mean that your application has been accepted by us. Your application is an offer to purchase a membership from us on these terms.
6.4. Acceptance of your application takes place once you have passed the interview process and provided us with all required documentation to support your application. For more information on eligibility please see: https://www.thebeamnetwork.com/faqs . We are under no obligation to accept your request for membership, however, should we decide to do so, acceptance will take place when we send you a confirmation email and accompanying invoice, at which point a legally binding contract is formed between you and us on these terms.
6.5. All memberships are non-transferable.
7. Availability of Membership
We cannot guarantee that any service you are entitled to by virtue of purchasing a membership will be available at any given time. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing certain services.
8. Membership services
8.1. Use of the website as a member will require registration, particularly in order to access areas of the website restricted for member access only.
8.2. You are responsible for making sure that your password and any other account details are kept secure and confidential.
8.3. If we have reason to believe there is likely to be a breach of security or misuse of the website through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your membership without liability to you.
8.4. General descriptions of our services will be provided to you prior to your purchase of a membership. These services are subject to change. The services do not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any such purposes. You should always use your own independent judgement when using our services.
8.5. We may, from time to time, offer additional services which can be purchased by members and which will incur fees in addition to the annual membership fee. Where we offer additional services, we will notify you of the applicable payment terms.
8.6. We will provide the services at the time(s) and on the date(s) selected by you or within the period agreed in writing between us and you.
8.7. Certain services are only available online. Where this is the case, it is specified on our website.
8.8. We will do all that we reasonably can to provide the services at the time(s) and date(s) or within the period agreed with you. If there might be a delay before we can start or restart the services, we will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur as a result of any delay caused by circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
8.9. Where a delay is caused by circumstances beyond our reasonable control, we will usually try to start or restart the services as soon as the issue causing the delay has been resolved. If the services are delayed by more than 60 days, we will email you to let you know and offer you the option to either continue waiting until the issue has been resolved (if this is possible) or to cancel your membership and get a pro-rata refund of any advance payments made by you.
8.10. We are not liable to you for any losses you incur where the services are delayed or cannot be performed because you fail to make the location available to us, fail to prepare the location as required for us to provide the services, or fail to provide us with adequate instructions or information to allow us to perform the services.
8.11. If you are a consumer, the services are provided to you for your domestic and personal use only. You must not use our services for commercial or business purposes.
8.12. If you are a business customer, you confirm that you are purchasing the services for the purposes of your named business only and not for or on behalf of any third party.
9. Membership Fees
9.1. Our annual membership fees are as follows:
First Year: £9,500.00
Subsequent Years: £5,000.00
all prices are in pounds sterling (£)(GBP) and exclude VAT at the applicable rate.
9.2. Please note that the annual membership fee excludes food, drink, airfare, travel and accommodation in relation to any live event which will be charged additionally for registrants and must be paid 5 days prior to the live event.
9.3. We reserve the right to charge additional fees where, for example, you book to attend a live event and do not attend. In the event that you do book to attend an event and do not attend, we shall not be obliged to refund any associated costs.
9.4. Membership fees may change at any time. Such changes will not affect memberships which have already been paid for but shall apply to any renewals.
10. Membership Payment
10.1. We accept payment through Direct Debits via GoCardless. We can also accept payment via Stripe and bank transfer. All credit card and debit card payments need to be authorised by the relevant card issuer.
10.2. All yearly membership fees are payable up front within 10 days of receipt of an invoice from us save where expressly stated otherwise.
10.3. It is at our sole discretion as to whether we will allow access to any membership features or services until we have received payment in full, however, if you are signing up for your first membership, all membership fees must be received by us in order for your membership to commence- your commencement date in this case shall be the date on which we receive payment.
10.4. If your payment is not received by us when due and we decide, in our sole discretion, to allow you access to the membership features or services, we may charge interest on any balance outstanding at the rate of 4 percentage points per year above Barclays Bank plc’s base rate.
11. Renewal of Membership
11.1. We will email you one month prior to the expiry of your annual membership asking whether you wish to renew. In the event that you do not wish to renew your membership you must let us know before the date on which your membership expires.
11.2. Where you do not let us know that you would like to cease your membership within the time period referred to in clause 11.1, you will be deemed to have renewed the membership commencing on the date of its expiry for a further year and shall be liable to pay a further membership fee.
11.3. Without prejudice to clause 10.3, where payment of the membership fee has not been received by us within 60 days after the date of our invoice, we may deactivate your membership and cease to provide all services without any liability to you.
12. Consumer cancellation rights
This clause 12 only applies to you if you are a consumer.
12.1. You have 14 days from the date of your confirmation email to change your mind and cancel your membership.
12.2. We will not provide any services during the 14-day cancellation period unless you request for us to do so. We are under no obligation to accept your request.
12.3. If you request for us to start providing services during the 14-day cancellation period and we agree to do so, this will impact your cancellation rights as follows:
12.3.1. you lose your right to cancel once the services are fully performed and will not be entitled to a refund even if the cancellation period has not expired;
12.3.2. if the services have not been fully performed, you will be required to pay pro rata for the services we provided up to the time that you told us that you want to cancel.
12.4. To cancel your membership, please email us at firstname.lastname@example.org . You can also use the cancellation form available here www.thebeamnetwork.com/cancellation-form. To help us process your cancellation more quickly, please have your membership number ready or include it in the email or cancellation form you send to us.
12.5. We will provide you with a refund as soon as possible and no later than 14 days after the day on which you told us that you want to cancel. If services have been provided during the cancellation period at your request, we will make deductions from any refund due to you as explained in clause 12.3 above.
12.6. We will issue your refund to the same payment method you used when you pay for your membership.
13. Faulty services—consumers
This clause 13 only applies to you if you are a consumer.
13.1. We must provide the services to you with reasonable care and skill.
13.2. We are under a legal duty to supply services that are in conformity with our contract with you.
13.3. If a service is not carried out with reasonable care and skill, you can ask us to repeat the service or to fix it, or get some money back if we cannot fix it.
13.4. This is a summary of some of your key rights. They are in addition to your cancellation rights set out in clause 12 above. For more detailed information on your rights visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
13.5. If there is a problem with a service we have provided to you, please contact us as soon as reasonably possible.
14. Faulty services—business customers
This clause 14 only applies to you if you are a business customer.
14.1. We warrant that the services will be performed with reasonable care and skill within the meaning of section 13 of the Sale of Goods and Services Act 1982.
14.2. As your sole and exclusive remedy, we will (at our option) remedy, re-perform or refund any services that do not comply with clause 14.1, provided that:
14.2.1. you notify us by email to email@example.com within 7 calendar days from the date that the services are completed; and
14.2.2. you provide us with sufficient information as to the nature and extent of the defects.
14.3. Except as set out in this clause 14, we give no warranties and make no representations in relation to the services, and all warranties and conditions (including the conditions implied by sections 12–16 of the Supply of Goods and Services Act 1982 and any implied terms relating to the ability to achieve a particular result), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
15. Events beyond our control
We are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.
16. Our liability to consumers
This clause 16 only applies to you if you are a consumer.
16.1. If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
16.2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
16.3. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
17. Our liability to business customers
This clause 17 only applies to you if you are a business customer.
17.1. Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for membership in the year in which the claim arises.
17.2. We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
17.2.1. consequential, indirect or special losses; or
17.2.2. any of the following (whether direct or indirect):
(a) loss of profit;
(b) loss of opportunity;
(c) loss of savings, discount or rebate (whether actual or anticipated); or
(d) harm to reputation or loss of goodwill.
17.3. Nothing in these terms will limit or exclude our liability for:
17.3.1. death or personal injury caused by negligence;
17.3.2. fraud or fraudulent misrepresentation; or
17.3.3. any other losses which cannot be excluded or limited by law.
18. Your information
19. Bulletin boards, chat rooms and other interactive services
19.1. We may make bulletin boards, chat rooms or other communication services (Interactive Services) available on our website.
19.2. We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material (Submission) submitted to our Interactive Services. Where we do monitor or moderate Submissions we shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
19.3. We may remove or edit any Submission to any of our Interactive Services whether they are moderated or not.
19.4. Any Submission you make must comply with our Submission standards set out in this clause 19.
19.5. By making a Submission, you grant to us a royalty-free, irrevocable, non-exclusive, transferable licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the Submission (in whole or in part) on the website, and on any other websites operated by us, indefinitely.
19.6. While we try to make sure that the website is secure, we do not actively monitor or check whether information supplied to us through the website is confidential, commercially sensitive or valuable.
19.8. Any Submission you make to our Interactive Services and any other communication to users of our website by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably
19.9. In particular, any Submission or communication by you must be:
19.9.1. your own original work and lawfully submitted;
19.9.2. factually accurate or your own genuinely held belief;
19.9.3. provided with the necessary consent of any third party;
19.9.4. not defamatory or likely to give rise to an allegation of defamation;
19.9.5. not offensive, obscene, sexually explicit, discriminatory or deceptive; and
19.9.6. unlikely to cause offence, embarrassment or annoyance to others.
20. No third party rights
No one other than us or you has any right to enforce any of these terms.
21.1. If you are unhappy with us or the services we have provided to you, please contact us at firstname.lastname@example.org .
21.2. If your complaint cannot be resolved in accordance with our Complaint Handling Policy or you are unhappy with the outcome, you may want to submit your complaint for alternative dispute resolution (ADR). ADR is a process for resolving disputes that does not involve going to court. If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.
22. Hyperlinks and third party sites
The website may contain hyperlinks or references to third party advertising and websites other than ours. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
23.1. Software may be made available for you to download in order for the website to work better and/or for any services to be provided to you via a mobile application. You will be granted a limited, non-exclusive licence to use any such software, subject to you agreeing to the terms and conditions that apply to such software (sometimes known as an ‘end user licence agreement’ or ‘EULA’).
23.2. You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be able to download the software.
23.3. You should read any terms and conditions carefully. They may contain provisions that set out your legal rights (for example, under the Consumer Rights Act 2015), your legal responsibilities when using the software, the software provider’s legal responsibilities and any limitations on the software provider’s legal responsibilities to you.
23.4. Any software made available on the website is solely for your personal, non-commercial use.
23.5. Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms and any other terms and conditions that apply to it) is expressly prohibited and may result in civil and criminal penalties.
24. Governing law and jurisdiction
24.1. If you are a consumer, the laws of England and Wales apply to these terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another country in which you live.
24.2. If you are a business customer, these terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).
25. Intellectual Property
25.1. You may not use our trade marks, logos or trade names except in accordance with these terms.
25.2. The intellectual property rights in our services, website, and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the website via the services (Content) are owned by us and our licensors.
25.3. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
25.4. Nothing in these terms grants you any legal rights in the services, website or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained within the services, on the website or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the service, the website or the Content.
26. General terms
26.1. You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
26.2. If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
26.3. If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
26.4. If you are a business customer, you and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.