TERMS OF USE

This Website is operated by Metaspective Limited (“Metaspective”/“us”/“we”), a company incorporated under the provisions of the Companies Act, 2006 on October 18, 2012 bearing Company No. 8258793 and having its registered address at 203 Astell House, 35 Lyell Street, London, England, E14 0SU.

These Terms of Use (“Terms”) constitute a legally binding agreement between us and the person (“you”) accessing the Websites www.design3.io or www.designthree.io (hereinafter referred to as “the Websites”). 

1.    Before using the Websites

By accessing or using the Websites or the services provided on or through the Websites (“Services”), you agree that you have read, understood and accepted these Terms and the Privacy Policy. We may update or revise the Terms at any time at our sole discretion and without notice to you. If we do so, the updated or revised Terms will reflect on this page. Your continued use of the Websites after such an update or revision signifies your acceptance of these changes. These Websites are not directed to consumers in any jurisdiction where these Websites or the Services or content on the Websites are prohibited.  

Your use of the Websites, our products and use and access of the Services and content on the Websites is at all times subject to these Terms.  By accessing the Websites, you agree to the Terms as set out herein. If you do not agree to these Terms, please leave the Websites immediately.

2.    Our Services

Through the Websites, we offer a community and education platform for design. As part of this community, we may offer live and recorded virtual sessions, articles, information including regarding job postings, and any other content (collectively, “Content”). Access to the Content or Services on the Websites may be subject to payment.

3.    Ownership of Content

a.    Content on the Websites may be provided directly by us or by other users of the Websites or third parties. Content which is sourced from third parties is appropriately referenced and credited. We do not control Content which is sourced from third parties and therefore cannot guarantee the accuracy, legitimacy, integrity or quality of such Content. We are not responsible in any way for such Content, whether with respect to errors, omissions or misinformation in the Content, any unlawful or infringing use of material, or any loss or damage caused due to use of the Content.

b.    The ownership of all Content on the Websites other than that which has been submitted, uploaded, published, posted, or disseminated by other users of the Websites or by third parties remains with us.

c.     The ownership of all Content on the Websites which has been submitted, uploaded, published, posted, or disseminated by any user of the Websites remains with such user. We do not control this content and therefore cannot guarantee the accuracy, legitimacy, integrity or quality of such Content. We are not responsible in any way for such Content, whether with respect to errors, omissions or misinformation in the Content, any unlawful or infringing use of material, or any loss or damage caused due to use of the Content.

d.    By submitting, uploading, publishing, posting, disseminating or making available any Content on the Websites, you grant us a non-exclusive, perpetual, worldwide and royalty-free license to make available such Content on the Websites in any manner or make any other use of the Content as we deem fit.

4.    Third Party Content

Ownership of and responsibility for all Content on the Websites which is provided by a third party, including in particular and without limitation, virtual sessions, remains with such third party. We do not control this content and therefore cannot guarantee the accuracy, legitimacy, integrity or quality of such content. We are not responsible in any way for such third-party content, whether with respect to errors, omissions or misinformation in the content, any unlawful or infringing use of material, or any loss or damage caused due to use of the content.

5.    Intellectual Property and Proprietary Rights

a.     You acknowledge that all intellectual property rights, including but not limited to trademarks, patents, copyright, trade secrets pertaining to any part of the Websites and the Services and Content provided on or through the Websites, including text, graphics, software, user interface, etc.  belong exclusively to us, other than content that is owned by third parties or other users. You agree that you shall not copy, display, use, store, reproduce, modify, transmit, distribute or infringe our intellectual property or the intellectual property of any third party or other user that may be used on the Websites, in any manner whatsoever.

b.     You acknowledge that your access, use, signing up or other activity with respect to the Websites does not amount to the grant of a license for any of our intellectual property or proprietary information.

6.    Links to Third Party Resources

You acknowledge that the Websites and Services may display or provide links to other (i.e. third party) Websites or resources. You understand that we are not responsible for the availability of or content on such external Websites or resources and we will not be liable for any loss or damage caused in connection with such external Websites or resources. We do not endorse or otherwise have any control over a third-party Websites. Use of any such Websites is subject to any terms and conditions published on such site and privacy policy.

7.    Restrictions on User Content

a.    You agree not to submit, upload, publish, post, disseminate or make available any Content on the Websites that is threatening, offensive, obscene, defamatory, fraudulent, misleading, dangerous, infringes on the rights of any third party, incites or encourages violence or criminal activities, promotes hate, sexism, bigotry, racism or is otherwise unlawful in any manner.

b.    We have the right to remove any Content from the Websites that is deemed to be against this policy at our sole discretion.

c.     We have the right to remove any Content from the Websites upon notification by a third party that it violates their rights or upon a court order or order received from any governmental or regulatory authority.

8.    Membership

We may offer paid membership to the Websites, in addition to subscriptions or payments for specific Services or Content on the Websites. Details of the Services and Content included in your membership, as well as payment terms and refund and cancellation policies, will be available to peruse and accept before payment for membership. We reserve the right to terminate your membership and ban you from accessing the Websites or any specific Content or Services if we determine that your behaviour is in violation of these Terms. In the event that your membership is terminated or you are banned from the Websites or any Content or Services, a refund of any charges paid by you may be granted at our sole discretion.

9.    Specific Services

These Terms apply to all Services and Content made available on or through the Websites. In addition, the following terms apply to the specific Services and Content listed below:

Virtual Sessions:

a.     Access to these sessions may be subject to payment at our sole discretion. The applicable charges or subscription fees, payment schedule, access rights, cancellation and refund policies, etc. for any virtual session will be available on the relevant webpage for the virtual session.  

b.     We may restrict access to virtual sessions by requiring a weblink, username and/or password. You are prohibited from sharing any such weblink, username and/or password provided to you with any other person or third party, except as specifically permitted.

c.     You may not record any virtual session or make it available to any other person including by providing a link to such recording, except as specifically permitted.

d.     You acknowledge that we do not control and are not responsible for the information, advice or other content forming part of these sessions. Your access and use of any such information, advice or other content is at your own risk.

e.     In the event of technical difficulties that result in a session being un-watchable (due to video or audio issues) then a session will seek to be rescheduled at a later date. This will not be seen as grounds of financial compensation/re-imbursement.

f.      Attendance of virtual events, masterclasses and talks are not equivalent to any official certification or accreditation.

Articles:

a.     You may submit articles to us for publication on the Websites.

b.     All articles submitted for publication must comply with the restrictions on user content given in these Terms.

c.     We reserve the right to reject any submission at our sole discretion, for any reason whatsoever.

d.     You acknowledge that we do not control and are not responsible for the accuracy, correctness or any other aspect of any such information made available in the form of articles on the Websites by any user or third party. The responsibility for any such information lies solely with the user or third party which had made the information available.

Job Listings:

a.     You may make available information regarding job or employment opportunities on the Websites.

b.     You acknowledge that we do not control and are not responsible for the accuracy, correctness or any other aspect of any such information made available on the Websites by any user or third party. The responsibility for any such information lies solely with the user or third party which had made the information available.

c.     Your access, use and reliance on any such information is at your own risk. We have no control over and do not bear any responsibility for the hiring process involved in any of the job or employment opportunities published on the Websites.

d.     We may in specific circumstances, and under certain agreements and partnerships, receive a financial incentive or commission if the publication of a job or employment opportunity on the Websites leads to the successful hiring of any candidate. We may receive payment for use of Websites to advertise the job or employment opportunity.

Business and Investment Information and Advice:

a.     Users may post or communicate information, questions, advice, business ideas, concepts, or proposals related to investment or business opportunities on or through the Websites.

b.     You acknowledge that we do not control and are not responsible for the accuracy, correctness or any other aspect of any such information, questions, advice, business ideas, concepts, or proposals made available on the Websites or communicated to anyone on or through the Websites by any user or third party. The responsibility for any such information, questions, advice, business ideas, concepts, or proposals lies solely with the user or third party which had made the information available.

c.     Your access, use and reliance on any such information is at your own risk. We have no control over and do not bear any responsibility for the outcome of following or implementing any information, questions, advice, business ideas, concepts, or proposals published on the Websites or communicated to anyone on or through the Websites.

d.     The publication of any information, questions, advice, business ideas, concepts, or proposals on the Websites does not amount to any offer being made by us. You acknowledge that you bear the risk of conducting due diligence before following or implementing any information, questions, advice, business ideas, concepts, or proposals published on the Websites or communicated to anyone on or through the Websites and before entering into any business or investment relationship with any person or entity based on communications made on or through the Websites.

e.     We are not liable or responsible for any monetary losses, including but not limited to losses with respect to Non Fungible Tokens, cryptocurrencies and blockchain endeavours, sustained as a result of following or implementing any Content published on the Websites.

f.      Content which is submitted, uploaded, published, posted, disseminated or made available on or through the Websites and any information, questions, advice, business ideas, concepts, or proposals communicated to anyone on or through the Websites will not be treated as confidential information by us, subject to a written agreement to the contrary.

10. Off-Website Interactions

We are not responsible for the conduct or behaviour of any user on or off the Websites or Services. In particular, we are not responsible for the conduct or behaviour of any user of the Websites or Services at any in-person interactions or other interactions off the Websites. You are solely responsible for your interactions with other users of the Websites or Services.

11. Warranties

a.     You warrant that you shall not use the Websites to carry out any unlawful activity or carry out any activity that interferes with, disrupts, harms, damages, destroys or restricts the functionality or availability of the Websites or affiliated software or hardware in any manner.

b.     In particular and without limitation, you warrant that you shall not submit, upload, publish, post, disseminate or make available any Content on the Websites that is threatening, offensive, obscene, defamatory, fraudulent, misleading, dangerous, infringes on the rights of any third party, incites or encourages violence or criminal activities, promotes hate, sexism, bigotry, racism or is otherwise unlawful in any manner.

c.     Your use of the Websites and any Content or Services availed through the Websites is at your own risk. In particular and without limitation, you understand that the information contained on the Websites does not constitute financial or legal advice. You acknowledge that no warranty or guarantee is being given by us regarding the accuracy of any Content or Services on the Websites.

d.     You acknowledge that no Content or Services received by you from or through the Websites are covered by any warranty or guarantee unless expressly stated in the Terms. 



12. Limitation of Liability and Indemnity

a.     Nothing in these Terms shall exclude or limit our liability for: (a) fraud; (b) death or personal injury; or any other liability that cannot be excluded as a matter of law.

b.     You acknowledge and agree that any liability we have to you is strictly limited to the purchase price of the product.  In no event shall we be liable to you for any indirect, punitive, special or exemplary damages including business losses.

c.     You agree that to the extent permitted by law, you shall indemnify and hold us harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your actions with respect to the Websites, Content or Services, including violation of these Terms or any other unlawful activity.

13. Force Majeure

You agree that we shall not be held liable for any unavailability, delay or deficiency of the Websites or Services or Content resulting directly or indirectly from events that could not reasonably have been anticipated or controlled by us, including but not limited to floods, earthquakes, explosions, storms, lightning strikes, fires, power failures, acts of God, labour or other strikes, diseases, epidemics, pandemics, failure of telecommunication or internet services, acts of Government, and orders of any court or authority of competent jurisdiction.

14. Termination

We may, without prior notice, immediately suspend or terminate your access to the Websites and associated Services and Content for any reason. These reasons may include, without limitation, technical or security issues, your unlawful use of our Websites or Content or Services, your breach of these Terms, an order by a law enforcement agency, Government agency or competent court, or your non-payment of any charges or other amounts owed by you. We shall not be liable in any manner for such suspension or termination of access.

15. Governing Law and Dispute Resolution

These Terms and the Privacy Policy and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with English law. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms, the Privacy Policy (or the subject-matter or formation of these Terms and the Privacy Policy), or your use of the Websites or Services.

16. Returns and Refunds

For memberships bought through the Website, you have a legal right to change your mind within 14 days and receive a full refund. These rights are set out under the Consumer Contracts Regulations 2013.

17. Memberships

Users may purchase the following three types of memberships on the Websites. The information regarding each type of membership as displayed below is indicative and is subject to the information, including membership fees, displayed on the Websites at the time of purchase of the membership.

Metaspective reserves the right to change the membership fees at our discretion, which changes shall be intimated to members 30 days in advance.

Users are not permitted to share their membership details with others. Metaspective reserves the right to suspend or terminate a membership and revoke access to the Websites at its sole discretion if it determines that the membership is being shared by multiple persons without authorisation. IN case of suspension or termination under this clause, users shall not be entitled to any refund of membership or other fees paid.  

Types of Membership:

1.     Individual Membership

This is an individual annual membership to Design3 for a single person only.

Inclusions:

·       Attendance to all virtual live lectures, events and masterclasses

·       Access to all recorded webinars and resources in our database, sessions, and knowledge hub

·       Access to job listings to find opportunities globally

Exclusions:

·       Select events which are accessible for an additional charge

·       Any feature not specifically mentioned under “Inclusions”.

2.     Student Membership

This is an annual membership to Design3 for an individual student only, and is subject to verification of your Student ID by Metaspective. The Student ID must be an authentic ID issued by a registered university, which is valid as on the date of purchase of the Membership. Renewal of Student Membership is subject to re-verification  of your Student ID by Metaspective. If you are no longer able to produce a valid Student ID at the time of renewal, you may instead purchase an Individual Membership or Business Membership.

Inclusions:

·       Attendance to all virtual live lectures, events and masterclasses

·       Access to all recorded webinars and resources in our database, sessions, and knowledge hub

·       Access to job listings to find opportunities globally

Exclusions:

·       Select events which are accessible for an additional charge

·       Any feature not specifically mentioned under “Inclusions”

3.     Business Membership

This membership is intended for purchase by organisations, for use by up to 10 individuals associated with that organisation.

Inclusions:

·       Attendance to all virtual live lectures, events and masterclasses

·       Access to all recorded webinars and resources in our database, sessions, and knowledge hub

·       Access to job listings to find talent globally

·       Other features mentioned at the time of purchase of the membership 

Exclusions:

·       Select events which are accessible for an additional charge

·       Any feature not specifically mentioned under “Inclusions”

18. Terminations and Refunds

Users may request termination of their purchased membership. These requests will be considered by Metaspective on a case-by-case basis, and refunds, if any, will be issued on a pro-rata basis only, subject to an administrative fee of £50.00 (for Individual and Student Memberships) and £100.00 (for Business Memberships) which shall be retained by Metaspective.  No refunds will be issued for specific classes, items, sections, features, inclusions or technical failures.