Terms & Conditions

Last updated: August 22, 2023

Introduction

These terms and conditions ("Terms", "Agreement") are an agreement between Ecosystem Software Europe LTD. ("Ecosystem Software Europe LTD.", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the thestartup.com website and any of its products or services (collectively, "Website" or "Services").

Accounts and membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

Mentor Accounts.

Users of the Service who possess a valid Account may become Mentors having received an invite from Ecosystem Software Europe LTD at which time Ecosystem Software Europe LTD may require you to provide additional Registration Data. Ecosystem Software Europe LTD will update your profile for you, based on such Registration Data. Ecosystem Software Europe LTD is providing the Service as a communication channel for connecting you with Founders.

YOU ACKNOWLEDGE THAT THERE IS NO EMPLOYMENT, CONTRACTOR, OR JOINT-VENTURE RELATIONSHIP BETWEEN YOU AND Ecosystem Software Europe LTD. BY CREATING A MENTOR ACCOUNT, YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY APPOINTMENTS YOU PROVIDE.

5.2 Offering Appointments.

Following the creation of your Mentor Account, you may receive a request to use the Services to offer Appointments in the fields listed on your profile. Any changes or modifications to the Appointment must be resolved with the Founder.

5.3 Mentor Account Restrictions.

You, as an Mentor, represent and warrant that you will use the Services solely to provide Founders with Appointments in the fields stated on your Account profile. Specifically, you hereby represent, warrant, and covenant that you have the requisite knowledge and experience to provide instruction in such fields and that you will personally perform all Appointments. You will use any information obtained from the Services solely in connection with the Services, and will not use such information in order to (a) harass, abuse, or harm another person, or (b) to contact, advertise to, solicit, or sell any products or services to any User without that User’s prior explicit written consent. You will not attempt to impersonate another User or person, including, without limitation, any employee of Ecosystem Software Europe LTD or another Mentor. At all times, you will use the Services in a manner consistent with this Agreement and any and all applicable laws and regulations. Without limiting the foregoing and for the avoidance of doubt, Mentors are specifically prohibited from uploading, posting, emailing, transmitting or otherwise making available any information concerning any entity or individual that is confidential, proprietary or trade secret in nature.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Third-party services

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Ecosystem Software Europe LTD. with respect to such other services. Ecosystem Software Europe LTD. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Ecosystem Software Europe LTD. to disclose your data as necessary to facilitate the use or enablement of such other service.

Backups

We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Links to other websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Ecosystem Software Europe LTD. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Ecosystem Software Europe LTD. or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Ecosystem Software Europe LTD. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Ecosystem Software Europe LTD. or Ecosystem Software Europe LTD. licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Ecosystem Software Europe LTD. or third-party trademarks.

Disclaimer of warranty

You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Ecosystem Software Europe LTD., its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Ecosystem Software Europe LTD. has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Ecosystem Software Europe LTD. and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Ecosystem Software Europe LTD. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Ireland without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Ireland. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state courts located in Ireland, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Prior Use.

Notwithstanding the foregoing, if you used the Ecosystem Software Europe LTD Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Ecosystem Software Europe LTD Properties (whichever is earlier) and will remain in full force and effect while you use the Ecosystem Software Europe LTD Properties, unless earlier terminated in accordance with the Terms.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@thestartup.com

Disclaimer

This disclaimer ("Disclaimer", "Agreement") is an agreement between Ecosystem Software Europe LTD. ("Ecosystem Software Europe LTD.", "us", "we" or "our") and you ("User", "you" or "your"). This Disclaimer sets forth the general guidelines, terms and conditions of your use of the yourecosystem.com website and any of its products or services (collectively, "Website" or "Services").

Representation

Any views or opinions represented in this Website reflect the views and opinions of Ecosystem Software Europe LTD., its affiliates, Content creators or employees. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

Content and postings

You may not modify, print or copy any part of the Website. Inclusion of any part of this Website in another work, whether in printed or electronic or another form or inclusion of any part of the Website in another website by embedding, framing or otherwise without the express permission of Ecosystem Software Europe LTD. is prohibited.

You may submit comments for the Content available on the Website. By uploading or otherwise making available any information to Ecosystem Software Europe LTD., you grant Ecosystem Software Europe LTD. the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein. You may not impersonate any other person through the Website. You may not post content that is defamatory, fraudulent, obscene, threatening, invasive of another person's privacy rights or that is otherwise unlawful. You may not post content that infringes on the intellectual property rights of any other person or entity. You may not post any content that includes any computer virus or other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.

Compensation

Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Ecosystem Software Europe LTD. will receive an affiliate commission.

Indemnification and warranties

While we have made every attempt to ensure that the information contained on the Website or provided by our Mentors is correct, Ecosystem Software Europe LTD. is not responsible for any errors or omissions, or for the results obtained from the use of this information on the website or the opinions expressed by our mentors.. All information on the Website is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will Ecosystem Software Europe LTD., or its partners, employees or agents, be liable to you or anyone else for any decision made or action taken in reliance on the information on the Website or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information on the Website is for general information purposes only and is not intended to provide legal, financial, medical, or any other type of professional advice. Please seek professional assistance should you require it. Furthermore, information contained on the Website and any pages linked to and from it are subject to change at any time and without warning. Ecosystem Software Europe LTD does not endorse, and is not responsible for the accuracy or reliability of, any opinion, advice or statement made on the site by any Mentor

We reserve the right to modify this Disclaimer relating to the Website or Services at any time, effective upon posting of an updated version of this Disclaimer on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of this disclaimer

You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing the Website you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to use or access the Website.

Contacting us

If you would like to contact us to understand more about this Disclaimer or wish to contact us concerning any matter relating to it, you may send an email to info@thestartup.com

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