By accessing www.agencynxd.com (known in these Terms & Conditions as the “Website”) you are agreeing to be legally bound by these terms as modified from time to time (“Terms & Conditions”). Any use of the site by you after such changes are posted constitutes your agreement to these Terms & Conditions as modified.

Before using the Website it is your responsibility to read the Privacy Policy and to notify us in the manner set out in the Policy if you do not want us to collect information about you, and reject any cookies in the manner set out therein.

Use of Website

The Website is owned and operated by AgencyNXD, which reserves the right to suspend or terminate your access to the Website at any time, with or without notice or explanation.

Rights

All intellectual property rights, including copyright, in the content displayed on the Website (“Content”) belong to AgencyNXD or its licensors. All rights are hereby reserved.

Use of Content

The Website and the Content may only be used for your personal, non-commercial use.

For this purpose alone you may retrieve and display the Content on a computer screen. You may also print out, but not photocopy, one copy of individual files on paper and store files in electronic form on disc, but not on any server or any other storage device connected to a network where the pages could be accessed by other users.

Except as set out above, you agree not to download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without the prior written permission of AgencyNXD. You agree not to use the Content or the Website for any illegal or improper purpose, nor for any purpose which might infringe the rights of others, or which might harass or cause inconvenience of distress to any person.

You also agree to abide by all copyright notices and restrictions attached to the Content and not to remove or alter any such notice or restriction or alter the Content in any way.

Licence to reproduce Content

If you wish to re-publish, re-distribute or exploit the Content in any way you should address a request for permission to AgencyNXD at hello@agencyNXD.co.uk.

AgencyNXD cannot guarantee that any such permission would be forthcoming or on what terms.

Links from other sites

Third parties are permitted to link to stories within the AgencyNXD Website, using the URL and quoting the headline and the source website. Brief extracts from a story are permitted provided they are not substantive. Otherwise our material must not be reproduced on a third-party site without express authorisation from us. Requests for more extensive material should be made in writing to hello@agencynxd.com.

A third party must ensure that nothing on its own web site suggests or could be understood to imply that any part of the website is part of its own web site unless the third party has obtained the prior written approval of AgencyNXD.

AgencyNXD reserves the right to withdraw any permission without explanation or notice if in its sole judgement use of such links is excessive or inappropriate. AgencyNXD also reserves the right to change the location and nature of files within the website without explanation or notice; it is the responsibility of the third party to check and update links as necessary.

Intellectual Property

AgencyNXD is the intellectual property of AgencyNXD. You may not use any marks without the prior written permission of AgencyNXD.

Limitation of liability and disclaimer

AgencyNXD obtains the Content from a wide range of sources and it includes facts, views, opinions and information likely to be of interest to users of the Website.

While all reasonable care is taken, we do not guarantee the accuracy, completeness, timeliness, performance or fitness for any particular purpose of the Content or the Website, nor do we endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on the Website or any website to which we link. You should note that any contact or arrangements made between you and any third party named on the Website or any third party website linked from it (including without limitation any website with which we have a commercial association) is at your own risk, and AgencyNXD accepts no liability.

The Content should only be used for your general information and use and not by way of specific recommendation or advice as every individual’s circumstances are different.

Before taking any action or decision based in whole or in part on the Content, you should always make your own independent checks of any information that is important in making such decision or taking such action. You should also seek professional advice in appropriate circumstances such as over medical, investment, tax, legal and other professional matters.

AgencyNXD does not give any warranties in respect of the Content or the Website, freedom from viruses or other contamination or that the Website is compatible with any computer systems, software and browsers.

All implied warranties or duties are excluded save if and to the extent that they may not lawfully be excluded.

AgencyNXD shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the Website or Content or from any action taken, or omitted to be taken, as a result of using the Website or Content, other than death or personal injury resulting from use of the Website directly caused by the negligence of AgencyNXD.

To the fullest extent allowed by applicable law, you agree that AgencyNXD will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to fulfill any duty) or for any other indirect, special or punitive damages whatsoever that arise out of or are related to the use of the Website or the Content or to any breach of the terms by AgencyNXD, even if AgencyNXD has been advised of the possibility of such damages and even in the event of fault or strict liability.

You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages (if any) you actually incur in reasonable and exclusive reliance on the Website or Content, and for which we may be held liable by a competent court, of up to a limit of the refund of the amount you paid (if any) in relation to the particular use of the Content in total during the month in which the damage first incurred.

Links to third party sites

This Website contains links to other web sites operated by parties who are wholly separate from AgencyNXD. Links to all third party sites are identifiable because clicking on them will launch new browser windows displaying the third party’s website URLs, or as otherwise signed as such by AgencyNXD. Such links are provided for your convenience and reference only and AgencyNXD cannot be held responsible in any way for the content, operation or availability of such websites.

Co-branded sites

In addition to the provisions of the clause above, some third party sites to which links are provided are “co-branded” sites. Such sites are operated by third parties with whom AgencyNXD has a commercial association, including any sites by means of which you can make payment for use of the Website or associated services. If you wish to make any purchases or enter any financial dealings on a co-branded site, you may be asked by the third party operator to supply information about yourself and on your financial affairs, including your bank or credit card details. The third party operator will have their own terms and conditions and privacy policy which govern the relationship between you and that third party operator. It is up to you to indicate your consent or otherwise of the use to be made by that third party in relation to the use of your personal data. While we select our trading partners with great care, AgencyNXD cannot be held liable for any loss or damage whatsoever which you may suffer as a result of your decision to enter any dealings or transactions with or supply personal information to a trading partner or any third party.

Your attention is drawn to the Privacy Policy.

Competitions, prize draws and promotions

AgencyNXD may on occasion run competitions or prize draws either on its own behalf, for other parties or in conjunction with commercial partners. These will be subject to additional rules and conditions which will be made available at the time of any such competition.

Submission of content to the Website

If you submit any contribution to this Website (including without limitation any text, graphics, video or audio) you agree thereby to grant AgencyNXD a perpetual, royalty-free, non-exclusive, sub-licenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content. If you do not wish to grant such rights to AgencyNXD, you should not submit a contribution to the Website. By submitting your contribution to the Website, you also warrant that such contribution is your own original work and that you have the right to make it available to AgencyNXD for all the purposes specified above, that it is not defamatory and does not infringe any law in any jurisdiction. You indemnify AgencyNXD against all legal fees, damages and other expenses that may be incurred by AgencyNXD as a result of your breach of the above warranty. You agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the other purposes specified above.

Membership Code of Conduct

We expect both agencies and NXDs (non-executive directors) to work collaboratively and courteously.  AgencyNXD will monitor any issues raised by any party, and where appropriate we will raise the issue and if the matter is not resolved amicably AgencyNXD reserves the right to suspend the use of the platform.

Changes to these Terms

AgencyNXD reserves the right to make changes to any part of the Website and to add to or change these Terms & Conditions or the Privacy Policy. It is your responsibility to refer to the Terms & Conditions whenever you access the Website. Every time you access the Website you agree to be bound by the Terms & Conditions and the Privacy Policy as varied or amended from time to time.

English Law

By accessing the Website you agree to accept that these Terms & Conditions are governed by and construed in accordance with the laws of England. You also accept the exclusive jurisdiction of the English Courts in relation to any dispute that may arise in connection with these Terms & Conditions or your use of the Website or arising in any way from the Content.

For the exclusive benefit of AgencyNXD, AgencyNXD shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms & Conditions are entered into in the course of your trade or profession, the country of your principal place of business.