Terms and Conditions

Content on our site

The content on our site covers a range of topics which we hope will be of interest to you. We will update and refresh the content from time to time.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. Some of the content on the site is provided to us by third parties and we have no control over this content. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

We also do not guarantee that our site, or any content on it, will always be available or be uninterrupted, error-free or meet your requirements.

You also acknowledge that your use of our site may be subject to limitations, delays and other problems inherent in the use of communications networks and facilities, including the internet, and the transfer of data across such communication facilities, and we are not responsible for any loss or damage resulting from such.

We may update and change our site from time to time to:

– reflect changes in relevant laws and regulatory requirements;

– to implement technical adjustments and improvements, for example to address a security threat or to provide additional features; or

– reflect changes to our members’ needs and our business priorities (provided that if you have paid for your membership these changes do not prevent you receiving the access to our site which you signed up for).

How you may use material on our site

We are the owner of all intellectual property rights in our site and we either own the material published on our site or we have permission from third parties to publish their material on our site. Our site and those works published on it are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off and download any pages from our site for your non-commercial use and you may also draw the attention of others to content posted on our site.

However, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining written permission to do so from us or the applicable owner of the content. If you wish to make use of any content on our site for such purposes, please contact us by email. You also must not use our site or information contained on our site to build a product or service which competes with our site.

Rules about sharing content from our site

We encourage members to share the content of our site via their social media pages by clicking on the share option next to such content on our site.

In particular, you must not:

– share screen grabs of our site;

– frame any content of our site;

– share any content in a way that could damage our reputation or take advantage of it, or which is otherwise unfair or illegal;

– establish a link to our site in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or

– establish a link to our site in any website or social media page that is not owned by you (unless you have the permission of the owner to do so).

You need to comply in all respects with the acceptable use content standards contained in these terms and conditions and as we may specify from time to time.

If you wish to link to or make any use of content on our site other than that set out above, please contact us.

We reserve the right to withdraw linking permission without notice.

We are not responsible for websites we link to

Where our site contains links to other sites, promotions and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites, promotions or information you may obtain from them.

Any third party advertisements, offer or promotions displayed on our site will be subject to the terms and conditions specified by those third parties which you should read. We are not responsible for the fulfilment of any such offers, promotions or transactions and you should contact such third parties directly in relation to any queries you may have in connection with them.

We have no control over the contents of third party sites or resources, and if you visit these sites you will be subject to all applicable terms and conditions of use and privacy relevant to those sites or resources. You acknowledge that your choice to access such third party sites and offers shall be solely at your own risk. We shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into shall be between you with any such third party (not us).

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site, and you should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, spyware, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. Breach of this provision would be a criminal offence under the Computer Misuse Act 1990 and in the event of such a breach, your right to use our site will cease immediately. 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.

Liability

Access to our site is provided to members on an “as is” basis. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.

Please also note that you can only use the site for non-commercial purposes (which can include your own career development), and we have no liability to you for any loss of profit, loss of business, damage to goodwill, business interruption, or loss of business opportunity.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

General

Each of the paragraphs of these terms and conditions of membership operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. These terms are between you and us, and no other person shall have any rights to enforce any of them.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms and conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Please note that these terms and conditions of membership, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Company Information

Creative Lives in Progress Limited

Incorporated in England and Wales under company number 10355011

Our registered office is at 21 Downham Road, London, United Kingdom, N1 5AA

Contact Us

To contact us in connection with these terms and conditions of membership and for any other general enquiries, please email [email protected]

Terms of Use for the Opportunities Board

This Site is owned and operated by Creative Lives in Progress Limited whose registered office is at 21 Downham Road, London, N1 5AA and registered number is 10355011 you can access this at www.companieshouse.co.uk.

Any references to “we” or “us” means Lecture in Progress Limited. You can contact us on [email protected] In consideration of making this website available to you free of charge, you agree that by accessing and using our web site (“the Site”) at http://creativelivesinprogress.com and all the material and information provided on it (the “Content”) you will be bound by these terms of use (“the Terms”) that appear below.

Nothing in these Terms shall affect your statutory rights if you are a consumer.

1 Use of Content

1.1 We try to ensure that the Content of the Site is up to date and accurate but we cannot guarantee that this is the case. We cannot guarantee that the opportunities advertised will be current at the time that you apply or enquire about them.

1.2 We rely on the organisation advertising the job to provide an accurate description. You should make your own enquiries about the opportunities shown and you must assess whether they are suitable for you.

1.3 The copyright, database rights, trade marks, domain names and other intellectual property rights (“Intellectual Property Rights”) in all material and information on the Site (“the IPR Content”) belongs to us or (if it has been licensed to us) to the licensor.

1.4 You may download or print off copies of the IPR Content of this Site for your personal, non commercial use and information only.

1.5 If you do download or print off copies of the IPR Content you must retain any copyright or other intellectual property notices contained in the original material.

1.6 You are not permitted to copy or adapt the IPR Content, layout or code of this Site, or create an archive or database containing all or parts of the IPR Content for any business purpose or other commercial exploitation, without our specific consent.

1.7 Our name may not be used in any way, including in advertising or publicity amounting to distribution of materials on this Site, without our prior written permission.

2 Disclaimer and Limitation of Liability

2.1 We provide the Site to you on an ‘as is’ and ‘as available’ basis.

2.2 Neither we nor any of the other companies in our group shall be liable for any losses or damage that anyone may suffer as a result of relying on the Content.

2.3 We cannot guarantee the speed or security of the Site. We shall not be responsible for the presence of any viruses, electronic bugs, Trojan horses etc and any damage that they may cause or loss that you may suffer, whether directly or indirectly as a result of a virus attack that is traced to our Site.

2.4 We will not be liable for any direct, indirect or consequential losses that you suffer through your access or use of the Site or other material on the internet via web links from this Site.

2.5 We do not restrict our liability in respect of fraudulent misrepresentation or in respect of death or personal injury directly caused by our negligence or any matter which it would be illegal for us to exclude or attempt to exclude our liability.

3 Modification of these terms

3.1 This Site is compiled for information purposes only. As such we may change these Terms from time to time so you should check them regularly. You will be bound by any changes to these Terms from the time you next access the Site. If you do not agree with any changes to these Terms please do not continue to access the Site.

4 Links to and from other websites

4.1 We do not monitor the content of other websites and any links provided on the Site are for your convenience only. We make no representation or warranty as to the content of such third party websites. We exclude all liability for any third party material made available on the Site or contained on any third party website that it links to. Any contract concluded with a third party company of a linked site will be between you and that company only and will be subject to their terms and conditions. You are responsible for viewing and complying with the privacy policy and terms of use posted at the linked sites.

4.2 No links are permitted to the Site and other sites are not permitted to embed text in the Site without our express consent in writing.

4.3 We will not allow any use of our logo as a ‘hot’ link to the Site unless we approve in advance and in writing the establishment of such a link.

5 Privacy Policy

5.1 We take the issue of data protection very seriously. Our policy is set out in our Privacy Policy. We ask you to read the Privacy Policy before providing us with any information about yourself.

6 General

6.1 If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which shall remain in full force and effect.

6.2 Failure by either of us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

7 Choice of Law and Jurisdiction

7.1 These Terms are governed by English Law and you agree to submit to the exclusive jurisdiction of the English Courts irrespective of the location from which you are accessing the Site.


Terms and Conditions for Advertisers on the Opportunities Board

1 Definitions and Interpretation

1.1 In these Conditions the following words have the following meanings:

“Advertisement” means an advertisement provided by the Advertiser for publication on the Opportunities Board;

"Advertiser" means the person(s), firm or company who purchases the Advertising Space from Creative Lives in Progress, whether they are the advertiser or an agency, media buyer or other third party acting on behalf of that advertiser;

“Advertising End Date” means the date on which an Advertisement is scheduled to cease to appear on the Opportunities Board as specified in an order accepted in accordance with

Condition 2.2;

“Advertising Space” means any the advertising space on the Opportunities Board to be provided to the Advertiser by Creative Lives in Progress in accordance with an order accepted in accordance with Condition 2.2;

“Advertising Start Date” means the date on which the Advertiser desires an Advertisement to first appear on the Opportunities Board as specified in an order accepted in accordance with Condition 2.2;

"Contract" means a contract formed in accordance with Condition 2.4;

"Creative Lives in Progress” means Creative Lives in Progress Limited (Registered No 10355011) whose registered office is at 21 Downham Road, London, N1 5AA;

"Opportunities Board" means the page(s) advertising opportunities made available by Creative Lives in Progress at the Website from time to time;

“Website” means creativelivesinprogress.com (or such other website operated by Creative Lives in Progress as may replace it).

2 Basis of Contract

2.1 Each order for Advertising Space placed by the Advertiser with Creative Lives in Progress shall be deemed to be an offer by the Advertiser to purchase Advertising Space subject to these Conditions. Each order must be in the form specified by Creative Lives in Progress from time to time.

2.2 No order placed by the Advertiser shall be deemed to be accepted by Creative Lives in Progress until a written acceptance of that order is issued by Creative Lives in Progress or (if earlier), publication of the Advertisement on the Opportunities Board. Any order shall be accepted entirely at the discretion of Creative Lives in Progress.

2.3 Any quotation or estimate made by Creative Lives in Progress and any price list published by Creative Lives in Progress is subject to these Conditions.

2.4 On acceptance of an order by Creative Lives in Progress in accordance with Condition 2.2, a contract is formed between Creative Lives in Progress and the Advertiser for the provision of Advertising Space, incorporating these Conditions and the accepted order to the exclusion of all other terms and conditions (including any terms or conditions which the Advertiser purports to apply under any purchase order, confirmation of order, specification or other document).

2.5 The Advertiser can only cancel an order (or any part of an order) which Creative Lives in Progress has already accepted, where Creative Lives in Progress gives its prior agreement in writing (which may be given or withheld in Creative Lives in Progress’ discretion. No refunds will be granted in respect of cancelled orders.

2.6 Any variation to these Conditions and any representations about the Advertising Space shall have no effect unless expressly agreed in writing and signed by Creative Lives in Progress.

2.7 The Advertiser acknowledges and agrees that Creative Lives in Progress acts only in the capacity of publicising opportunities. It does not effect introductions, and nor does it supply candidates to advertisers.

3 Provision of Advertising Space

3.1 The Advertiser must supply the materials and information for the relevant Advertisement within such time in advance of the Advertising Start Date as may be specified by Creative Lives in Progress on the Website or by notification in writing to the Advertiser. Such materials must meet the technical requirements specified by Creative Lives in Progress on the Website or by notification in writing to the advertiser.

3.2 Creative Lives in Progress shall not be liable for any failure to display the relevant Advertisement from the Advertising Start Date in the event that the Advertiser does not comply with Condition 3.1.

3.3 Creative Lives in Progress may, without liability, reject, cancel, amend or require the amendment of any Advertisement or the positioning of any Advertisement or take down any Advertisement where it has reason to believe, at its sole discretion, that any Advertisement may not be in compliance with these Conditions or it is requested to do so by any applicable regulator. No refunds shall be granted in the event that Creative Lives in Progress amends, changes the positioning of or takes down any Advertisement following publication on the Opportunities Board pursuant to its rights under this Condition 3.3.

3.4 Subject to Conditions 3.2 and 3.3, Creative Lives in Progress will use reasonable endeavours to display the Advertisement including materials and information substantially as provided by the Advertiser on the Opportunities Board as from the relevant Advertising Start Date and to cease to display the Advertisement from the relevant Advertising End Date.

3.5 Acceptance or publication of any Advertisement does not constitute acceptance by Lecture in Progress that such Advertisement complies with these Conditions.

3.6 The Advertiser hereby grants Creative Lives in Progress a worldwide, non-exclusive, royalty-free licence to display any Advertisement and any materials and information provided in or in relation to the order for Advertising Space on the Website in accordance with these Conditions and to produce and distribute screenshots of the Website (which may include the Advertisement) anywhere in the world in any way and for any purpose whatsoever.

3.7 The Advertiser acknowledges that the Website may include advertising of any other third party, including its competitors.

4 Price and Payment

4.1 Unless otherwise agreed by Creative Lives in Progress in writing the price (“Price”) for Advertising Space shall be the price set out in Creative Lives in Progress’ price list as published on the date of formation of the relevant Contract.

4.2 Unless otherwise agreed in writing, the Price shall be exclusive of any value added tax or other similar taxes or levies, all of which amounts the Advertiser will pay, where appropriate, in addition to the Price.

4.3 Creative Lives in Progress may change the rates it charges for advertising space at any time but this will not affect any orders which have previously been accepted by Creative Lives in Progress.

5 Payment Terms

5.1 Payment of the price for the Advertising Space is due in full at the point an order is submitted by an Advertiser to Creative Lives in Progress. The Advertiser shall pay the Price at such time, failing which Creative Lives in Progress shall have no obligation to publish the Advertisement or to provide the Advertising Space and shall have no other responsibility or liability under the relevant Contract or these Conditions.

5.2 Subject to Condition 3.3, in the event Creative Lives in Progress decides, at its sole discretion, prior to publication of the Advertisement, that an Advertisement submitted is inappropriate in any way, such Advertisement shall not be displayed within the Advertising Space and Creative Lives in Progress shall reimburse the Price to the Advertiser. However, publication of an Advertisement does not indicate that Creative Lives in Progress has accepted that Advertisement as being in compliance with these terms and conditions, which shall remain the sole responsibility of the Advertiser.

5.3 The Advertiser shall make all payments due under the Contract without any deduction whether by way of set-off, withholding, counterclaim, discount, abatement or otherwise.

6 Advertiser responsibilities

6.1 The Advertiser warrants and undertakes that:
(a) where it is an agency, media buyer or third party acting on behalf of an advertiser, that it contracts as principal under these Conditions and any Contract and that it has all necessary authority to place any and all Advertisements on behalf of the relevant advertiser;
(b) it will comply with all reasonable instructions of Lecture in Progress from time to time concerning the Advertising Space and the performance of any Contract;
(c) the Advertisement will not breach any applicable law, regulation or code (whether statutory or self-regulatory) applicable to the Advertising from time to time and the Advertiser shall comply with the requirements of any applicable regulator (including, without limitation, the Advertising Standard Authority, Competition and Markets Authority and Trading Standards) to the extent they relate to the Advertisement;
(d) the Advertisement will not be misleading, obscene, defamatory, libellous, blasphemous, discriminatory (whether by race, religion, gender, sexual orientation or otherwise) or otherwise negatively affect Lecture in Progress or potentially bring Lecture in Progress or the Website into disrepute;
(e) the publication of the Advertisement will not infringe any third party rights (including without limitation intellectual property rights and rights to privacy) and will not have been copied from any third party work;
(f) it will notify Creative Lives in Progress immediately of any challenges to or claims relating to the Advertisement and made by an applicable regulator or any other third party;
(g) the Advertisement will be free from viruses and other harmful code and will not impair the operation of the Website.

6.2 The Advertiser shall indemnify and keep indemnified Creative Lives in Progress from and against all losses, damages, costs, expenses (including reasonable legal and other third party costs) and liabilities incurred by Creative Lives in Progress arise out of:
(a) any breach by the Advertiser of any of its warranties as set out at Condition 6.1; and
(b) any claim, action or demand alleging that the use or publication of the Advertisement and/or any material provided by the Advertiser infringes the rights of any third party.

7 Warranties and Remedies

7.1 Lecture in Progress gives no warranty as to the usage of the Website or the number of page impressions, click-throughs or website hits which the Website or any Advertisement (or link embedded in any Advertisement) attract or will attract during the term of any Contract.

7.2 Creative Lives in Progress gives no warranty that the Website shall be available uninterrupted or error free, including during any period in which the Advertiser has purchased Advertising Space.

7.3 If the Advertiser establishes to Creative Lives in Progress’ reasonable satisfaction that, due to the default of Creative Lives in Progress, the Advertising Space has not been provided for the agreed period or the Advertisement has appeared with material errors or defects, then Creative Lives in Progress shall at its option and within a reasonable time;
(a) provide the Advertiser with reasonably equivalent Advertising Space for a period equal to the period in which the Advertising Space originally purchased was not provided or the Advertisement appeared with material errors or defects; or
(b) issue a credit note to the Advertiser in respect of that part of the Price which reflects the period in which the Advertising Space originally purchased was not provided or the Advertisement appeared with material errors or defects; subject, in each case, to the Advertiser notifying Creative Lives in Progress of the relevant failure or defect as soon as reasonably practicable. Performance of either of the above options shall constitute an entire discharge of Creative Lives in Progress’ liability under this warranty and the Advertiser’s sole and exclusive remedy in respect of the relevant failure or defect.

7.4 Creative Lives in Progress shall be under no liability under the warranty at Condition 7.3 above:
(a) in respect of any failure or defect arising from materials provided by the Advertiser or the Advertiser’s failure to comply with these Conditions;
(b) if the total Price for the Advertising Space has not been paid by the due date for payment.

7.5 The warranties set out in this document are the only warranties which shall be given by Creative Lives in Progress and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from each and every Contract.

8 Exclusion and Limitation of Liability

8.1 Nothing in these Conditions excludes or limits the liability of Lecture in Progress for death or personal injury caused by Creative Lives in Progress’ negligence, or for fraudulent misrepresentation.

8.2 Creative Lives in Progress’ total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of each Contract shall be limited to the Price paid or payable under such Contract.

8.3 Creative Lives in Progress shall not be liable to the Advertiser for any loss of profit or other economic loss (direct or indirect) or for any indirect or consequential loss or damage.

9 Subcontracting, Assignment and Third Party Rights

9.1 The Advertiser shall not be entitled to assign, charge or transfer any Contract or any part of it or resell the Advertising Space without the prior written consent of Creative Lives in Progress.

9.2 Creative Lives in Progress may assign, charge, subcontract or transfer any Contract or any part of it to any person.

9.3 A person who is not a party to the Contract shall not have the right (whether under the Contracts (Rights of Third Parties) Act or otherwise) to enforce any term of the Contract.

10 Force Majeure

Creative Lives in Progress reserves the right to suspend or to cancel any Contract in whole or in part (without liability to the Advertiser) if it is prevented from or delayed in the carrying on of its obligations under the Contract due to circumstances beyond the reasonable control of Creative Lives in Progress including, without limitation, Acts of God, fire, flood, lightning, war, revolution or acts of terrorism (an “event of force majeure”). Creative Lives in Progress shall not be liable to the Advertiser to the extent that it is prevented from or delayed in the carrying on of its obligations under any Contract as a result of any such event of force majeure. If the event of force majeure continues for a continuous period in excess of 3 months, the Advertiser shall be entitled to give notice in writing to Creative Lives in Progress to terminate the affected Contract.

11 Breach of Contract or Insolvency

11.1 Creative Lives in Progress may immediately suspend further performance of any Contract or cancel any provision of Advertising Space and take down any Advertisement or by notice in writing to the Advertiser terminate any Contract without liability if:
(a) the Advertiser commits a breach of any of its obligations under the Contract which is incapable of remedy;
(b) the Advertiser fails to remedy a breach of its obligations under any Contract which is capable of remedy, or persists in any breach of any of its obligations under the Contract after having been requested in writing by Lecture in Progress to remedy or desist from such breach within a period of 14 days; or
(c) the Advertiser becomes or is reasonably likely to become insolvent, enters into bankruptcy, individual voluntary arrangement, liquidation, receivership, administration or into a corporate voluntary arrangement as defined by the Insolvency Act 1986, has a liquidator, receiver, administrative receiver or administrator appointed over any or all of its assets, compromises any debts with creditors or undergoes any similar event in any other jurisdiction.

11.2 Notwithstanding any such termination or suspension in accordance with Condition 11.1 above, the Advertiser shall pay Creative Lives in Progress the Price for all Advertising Space ordered on or before the date of suspension or termination and the termination of the Contract for whatever reason shall not affect the rights or remedies of either party in respect of any pre-existing breach.

12 General

12.1 Any Contract, its content, the matters to which it relates and information exchanged pursuant to it are confidential between the parties.

12.2 Nothing in the Contract shall create, or be deemed to create a partnership or joint venture or relationship of employer and employee or principal and agent between the parties.

12.3 The waiver by either party of any breach of a Contract shall not prevent the subsequent enforcement of that breach and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.

12.4 If at any time any one or more of the Conditions (or any part of one or more of these Conditions) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, it shall be deemed omitted from the Contract and the validity and/or enforceability of the remaining provisions of the Contract shall not in any way be affected or impaired as a result of that omission.

12.5 The Contract sets out the entire agreement and understanding between the Advertiser and Creative Lives in Progress in connection with the provision of the Advertising Space. The parties acknowledge that the Contract has not been entered into wholly or partly in reliance on, nor has either party been given, any warranty, statement, promise or representation by the other or on its behalf other than as expressly set out in these Conditions.

12.6 Each party agrees that the only rights and remedies available to it arising out of or in connection with any warranties, statements, promises or representations will be for breach of contract and irrevocably and unconditionally waives any right it may have to any claim, rights or remedies including any right to rescind the Contract which it might otherwise have had in relation to them.

13 Law and Jurisdiction

13.1 Each Contract shall be governed by English law.

13.2 Each Contract shall be subject to the exclusive jurisdiction of the English courts to which the parties irrevocably submit