Terms and Conditions
This agreement applies as between you, the User of this Website and The Includability Collective Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 to 11 and 16 to 26 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 to 15 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that The Includability Collective Ltd makes available through the Website either now or in the future;
"JEDI Toolkit": means the Justice, Equity, Diversity and Inclusion toolkit sold through this Website, as further defined in sub-Clause 15.2;
"Services": means the services available to you through this Website, specifically use of the The Includability Collective Ltd proprietary e-learning platform and the JEDI Toolkit;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": means Our place of business located at Alpha 6 Masterlord Office Village, West Road, Ransomes Europark, Ipswich, IP3 9SX;
"System": means any online communications infrastructure that The Includability Collective Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"Toolkit Materials": has the meaning given in sub-Clause 15.2;
"User" / "Users": means any third party that accesses the Website and is not employed by The Includability Collective Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (incademy.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means The Includability Collective Ltd, a company incorporated in England and Wales with company registration number 16547126, whose registered office is at Alpha 6 Masterlord Office Village, West Road, Ransomes Europark, Ipswich, IP3 9SX.
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
4. Intellectual Property
- 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Includability Collective Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable UK and international intellectual property and other laws.
- 4.2 Subject to Clauses 6 and 15 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
5. Third Party Intellectual Property
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Includability Collective Ltd or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site incademy.co.uk without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at hello@includability.co.uk or call us in the following number: your_number.
9. Use of Communications Facilities
- 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 9.1.3 You must not submit Content that is intended to promote or incite violence;
- 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of The Includability Collective Ltd or Our affiliates; and
- 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 9.2 You acknowledge that The Includability Collective Ltd reserves the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that The Includability Collective Ltd may retain copies of any and all communications made to Us or using Our System.
- 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
10. Accounts
- 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
- 10.1.1 all information you submit is accurate and truthful;
- 10.1.2 you have permission to submit Payment Information where permission may be required; and
- 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
- 11.1 Either The Includability Collective Ltd or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
12. Services, Pricing and Availability
- 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from The Includability Collective Ltd correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
- 12.2 Where appropriate, you may be required to select the required Plan of Services.
- 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
13. Orders and Provision of Services
- 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between The Includability Collective Ltd and you.
- 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
- 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
- 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 13.2.3 Relevant times and dates for the provision of the Services;
- 13.2.4 User credentials and relevant information for accessing those services.
- 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
- 13.6 The Includability Collective Ltd shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
- 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- 13.8 The Includability Collective Ltd provides technical support via our online support forum and/or phone. The Includability Collective Ltd makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
14. Cancellation of Orders and Services
We want you to be completely satisfied with the Products or Services you order from The Includability Collective Ltd. If you need to speak to us about your Order, then please contact customer care on [PHONE NUMBER], or by email at hello@includability.co.uk or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
- 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between The Includability Collective Ltd and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: hello@includability.co.uk. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
- 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
- 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
- 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
- 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
15. JEDI Toolkit Licence
This Clause 15 applies to anyone who buys, accesses or downloads the JEDI Toolkit.
* 15.1 About this Clause
* 15.1.1 In this Clause 15, "you" and "your" means the organisation that buys the JEDI Toolkit. The person who completes the purchase confirms they have authority to accept these Terms and Conditions for that organisation.
* 15.1.2 The JEDI Toolkit is sold to organisations for business use. By buying it, you confirm you are not buying it as a consumer.
* 15.1.3 You accept this Clause 15 when you buy, access or download any part of the JEDI Toolkit.
* 15.1.4 If this Clause 15 conflicts with any other Clause of these Terms and Conditions on anything to do with the JEDI Toolkit, this Clause 15 applies.
* 15.2 Words with a set meaning. In this Clause 15:
* "Authorised Users" means your own employees, workers, directors and trustees, while they hold that role with you. It does not include contractors, consultants, agency staff, volunteers or anyone employed by another organisation;
* "Internal Purposes" means planning, running, measuring and reporting your own organisation's Justice, Equity, Diversity and Inclusion work, including preparing evidence for your own B Corp certification or recertification;
* "JEDI Toolkit" means Our Justice, Equity, Diversity and Inclusion toolkit: the orientation session, the eleven sections, the background primer and everything in them, including guidance documents, templates, trackers, matrices, workbooks, policy templates, videos, scripts, slides and quizzes, in any format, and any updates We make;
* "Toolkit Materials" means all or any part of the JEDI Toolkit, whether viewed on the Website or downloaded, printed, copied or adapted; and
* "Your Outputs" means the documents, plans, reports and data you create by using the JEDI Toolkit, such as a completed action plan, tracker or board report.
* 15.3 Who owns the JEDI Toolkit
* 15.3.1 We, or the people who license material to Us, own all intellectual property rights in the JEDI Toolkit. This includes copyright in the text, design, videos and templates, and database rights in the trackers and data tools.
* 15.3.2 Buying the JEDI Toolkit gives you a licence to use it on the terms in this Clause 15. It does not give you ownership of any of Our intellectual property.
* 15.3.3 The Includability and JEDI Toolkit names and logos belong to Us. The B Corp name and marks belong to B Lab. Nothing in these Terms and Conditions gives you the right to use either.
* 15.3.4 Copyright notices must stay on all Toolkit Materials, including any copies you adapt.
* 15.4 What you can do
* 15.4.1 Once you have paid in full, We give you a non-exclusive, non-transferable licence to use the Toolkit Materials for your Internal Purposes, through your Authorised Users only. You cannot grant a sub-licence to anyone else.
* 15.4.2 Under this licence your Authorised Users can:
* (a) access the JEDI Toolkit on the Website;
* (b) download, save and print Toolkit Materials;
* (c) keep downloaded copies on your own internal systems, such as a shared drive or intranet, as long as only Authorised Users can reach them;
* (d) edit, fill in and adapt the templates, trackers and policy templates to suit your organisation; and
* (e) share Your Outputs as set out in sub-Clause 15.6.
* 15.4.3 The JEDI Toolkit is sold at one price for life. That means the licence carries on with no further licence fee for as long as your organisation exists and keeps to these Terms and Conditions, unless it ends under sub-Clause 15.9.
* 15.4.4 We will keep the JEDI Toolkit available on the Website for as long as We offer it. If We stop offering it, We will give you at least 90 days' notice so you can download the Toolkit Materials you need. Your licence to use downloaded copies carries on after that.
* 15.4.5 The licence covers one organisation: the legal entity named on the purchase. It does not cover parent, subsidiary or sister companies, franchisees, members, clients or partners. Each of those needs its own licence.
* 15.5 What you cannot do
* 15.5.1 Unless We have agreed in writing first, you and your Authorised Users must not:
* (a) share, send, publish or distribute Toolkit Materials to anyone who is not an Authorised User;
* (b) sell, resell, rent, lend or license Toolkit Materials, or make money from them in any other way;
* (c) upload or host Toolkit Materials on any other learning management system, training platform, course, website, public folder or file-sharing service;
* (d) use Toolkit Materials to deliver training, consultancy, advice or any other service to another organisation, including clients, members, suppliers and group companies;
* (e) copy, rebrand, repackage or adapt Toolkit Materials to create a product, course, toolkit or service of your own;
* (f) share Account login details, or let anyone who is not an Authorised User use your Accounts;
* (g) use Toolkit Materials to train, fine-tune or build an artificial intelligence model, or upload them to any artificial intelligence tool or service that keeps or reuses what is uploaded;
* (h) record, capture or download videos, except through a download option the Website provides;
* (i) remove or change any copyright notice, logo or credit; or
* (j) help or allow anyone else to do any of the things in this sub-Clause 15.5.1.
* 15.5.2 Adapted versions of Toolkit Materials are still Toolkit Materials. Sub-Clause 15.5.1 applies to them in exactly the same way as to the originals.
* 15.5.3 When someone stops being an Authorised User, for example because they leave your organisation, they must not keep or use Toolkit Materials. You must take reasonable steps to make sure of this.
* 15.5.4 You are responsible for what your Authorised Users do with the JEDI Toolkit, as if you had done it yourself.
* 15.6 Your Outputs and your evidence
* 15.6.1 You own the information and data you put into Your Outputs. We keep ownership of the Toolkit Materials inside them, such as the template layout and guidance wording.
* 15.6.2 You can share Your Outputs with:
* (a) your board or governing body;
* (b) your workforce;
* (c) B Lab and its verifiers, as evidence for your B Corp certification or recertification;
* (d) your auditors, regulators, insurers and legal or professional advisers; and
* (e) the public, when you report on your progress.
* 15.6.3 When you share Your Outputs, you can include what is needed to show your evidence. You must not share blank templates, guidance documents or large parts of the guidance wording on their own.
* 15.6.4 Where you publish Your Outputs, We ask that you keep the credit "Created using the JEDI Toolkit by Includability" where it is practical to do so.
* 15.7 Protecting the JEDI Toolkit
* 15.7.1 We may mark Toolkit Materials, including with visible or hidden identifiers, so We can tell which Account downloaded them.
* 15.7.2 You must tell Us promptly at hello@includability.co.uk if you become aware of any unauthorised use or sharing of Toolkit Materials.
* 15.7.3 If We reasonably believe this Clause 15 has been broken, you must, within 14 days of Our request, give Us the information We reasonably need to find out who has had access to Toolkit Materials and where copies are held.
* 15.8 If this Clause 15 is broken
* 15.8.1 Any use, copying, sharing or other dealing with Toolkit Materials that this Clause 15 does not allow is a breach of contract. It is also an infringement of Our intellectual property rights, including Our copyright under the Copyright, Designs and Patents Act 1988 and Our database rights.
* 15.8.2 If you break sub-Clause 15.5, or We reasonably believe you have, We can do any or all of the following:
* (a) suspend or end your access to the Website and the JEDI Toolkit straight away, without notice;
* (b) end your licence under sub-Clause 15.9;
* (c) require you to delete and destroy Toolkit Materials under sub-Clause 15.9.3;
* (d) charge the Unauthorised Use Fee under sub-Clause 15.8.3; and
* (e) take legal action, including claiming damages, applying for an injunction to stop the misuse, and recovering Our reasonable legal costs.
* 15.8.3 Unauthorised Use Fee. For each organisation that receives, accesses or uses Toolkit Materials in breach of this Clause 15, you must pay Us a fee equal to Our full standard price for the JEDI Toolkit at the time We find the breach, plus VAT. Where Toolkit Materials have been made available in a place open to more than one organisation, such as a public website or a shared learning platform, and the number of organisations cannot reasonably be worked out, the fee is three times Our full standard price, plus VAT.
* 15.8.4 Both parties agree the Unauthorised Use Fee reflects a fair licence fee for the use made of the JEDI Toolkit, and protects Our legitimate interest in the JEDI Toolkit as a paid product. It does not limit Our other rights. Any Unauthorised Use Fee you pay will be taken into account in any damages We are awarded for the same breach, so We are not paid twice.
* 15.8.5 You must pay any Unauthorised Use Fee within 30 days of Our invoice. We may charge interest on late payment under the Late Payment of Commercial Debts (Interest) Act 1998.
* 15.8.6 If your access or licence ends because you broke this Clause 15, you will not get a refund of any fees you have paid.
* 15.8.7 You will cover Our losses, damages and costs, including reasonable legal fees, that come from you or your Authorised Users breaking sub-Clause 15.5.
* 15.9 When the licence ends
* 15.9.1 We can end your licence straight away by written notice if:
* (a) you break sub-Clause 15.5;
* (b) you break any other part of these Terms and Conditions and do not put it right within 14 days of Us asking you to; or
* (c) you do not pay for the JEDI Toolkit when payment is due.
* 15.9.2 Your licence ends automatically if your organisation is dissolved, stops trading or enters insolvency.
* 15.9.3 When your licence ends, you must:
* (a) stop using the Toolkit Materials;
* (b) within 14 days, delete or destroy all Toolkit Materials in your control, including adapted versions and copies on shared drives, intranets and devices, and remove them from backups where this is reasonably possible; and
* (c) confirm in writing that you have done this, if We ask.
* 15.9.4 You can keep Your Outputs that you have already shared under sub-Clause 15.6.2, as a record of your evidence. You cannot keep the Toolkit Materials themselves.
* 15.9.5 Sub-Clauses 15.3, 15.5, 15.6, 15.8, 15.9, 15.11 and 15.12, and Clauses 22 to 26, continue to apply after your licence ends.
* 15.10 What the JEDI Toolkit is, and what it is not
* 15.10.1 The JEDI Toolkit is guidance and tools to help you build your own Justice, Equity, Diversity and Inclusion evidence. It is not a certification, accreditation, verification or assessment. B Lab certifies B Corps. Using the JEDI Toolkit does not guarantee B Corp certification, a particular score or any other outcome.
* 15.10.2 The JEDI Toolkit is not legal advice. You should take your own advice on employment law, equality law and data protection.
* 15.10.3 You are responsible for how you collect, store and use workforce data, including under UK data protection law.
* 15.10.4 B Lab reviews its standards from time to time. We will update the JEDI Toolkit where We reasonably can, but We cannot guarantee it always reflects the latest version of any standard.
* 15.11 Our liability for the JEDI Toolkit. For the JEDI Toolkit, this sub-Clause 15.11 applies in place of Clause 21.1.
* 15.11.1 Nothing in these Terms and Conditions limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow to be limited.
* 15.11.2 We are not liable for loss of profit, revenue, business or goodwill, for the outcome of any certification, or for any indirect or consequential loss.
* 15.11.3 Our total liability to you in connection with the JEDI Toolkit is limited to the price you paid for it.
* 15.12 Changes, transfer and contact
* 15.12.1 For the JEDI Toolkit, this sub-Clause applies in place of Clause 19 where the two differ. We may update this Clause 15. We will tell you at least 30 days before a change takes effect, by email or on the Website. We will not make a change that takes away the rights in sub-Clause 15.4 you have already paid for.
* 15.12.2 You cannot transfer your licence to anyone else, including a buyer of your business, without Our written agreement. We may transfer Our rights and obligations to another organisation.
* 15.12.3 These Terms and Conditions and your order are the whole agreement between you and Us about the JEDI Toolkit.
* 15.12.4 Questions about this Clause 15, or requests to use the JEDI Toolkit in a way it does not cover, go to hello@includability.co.uk.
16. Privacy
Use of the Website is also governed by Our Privacy Policy (incademy.co.uk/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
17. How We Use Your Personal Information (Data Protection)
- 17.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and your rights under that legislation.
- 17.2 We may use your personal information to:
- 17.2.1 Provide Our Services to you;
- 17.2.2 Process your payment for the Services; and
- 17.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 17.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the UK GDPR and the Data Protection Act 2018 and should use and hold your personal information accordingly.
- 17.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
18. Disclaimers
- 18.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 18.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 18.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 18.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
19. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future. For the JEDI Toolkit, see also sub-Clause 15.12.1.
20. Availability of the Website
- 20.1 The Website is provided “as is” and on an “as available” basis. The Includability Collective Ltd uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 20.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
21. Limitation of Liability
- 21.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 21.2 Nothing in these Terms and Conditions excludes or restricts .
- 21.3 Nothing in these Terms and Conditions excludes or restricts The Includability Collective Ltd's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 21.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
22. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
23. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
24. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The Includability Collective Ltd.
25. Communications
- 25.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to hello@includability.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 25.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
26. Law and Jurisdiction
These Terms and Conditions and the relationship between you and The Includability Collective Ltd shall be governed by and construed in accordance with the Law of England and Wales and The Includability Collective Ltd and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.

