The following Terms and Conditions (the "Agreement"), which are legally binding between you and Club Exec Limited ("Club Exec" or the "Company", or "We") set out the terms and conditions on which you may use the website www.club-exec.com (the "Website") as an executive member or a registered employer. If you do not accept all of the terms and conditions of this Agreement, without limitations or qualifications, and agree to abide by them, do not access the website or any of its pages.
You may not assign or transfer your rights or obligations under this contract and this contract is only for the benefit of you and Club Exec. No third party has any right, claim or interest under this contract as a third party beneficiary.
This Agreement is only available in the English language and is applicable regardless of the delivery device used to access the Website. We strongly recommend that you read the Agreement in its entirety. These terms and conditions were last updated on March 7, 2021 and replace all previous terms and conditions for the Website. Club Exec may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. The date of the latest revision is shown in section 19 below. Please refer back to these terms on a frequent basis to see if any changes have been made.
The Website provides a showcase for executives who are, or have recently been, earning a minimum cash compensation of $150,000, €150,000, £120,000 or equivalent in any other currency, and exceptionally, individuals who Club Exec considers are of a caliber and experience to be valid candidates for an executive role compensated at that level ("Executive Members").
Club Exec reserves the right, in its sole discretion, to refuse membership to any person or class of persons for any reason whatsoever. Membership of the Website is deliberately selective and not simply limited to those earning cash compensation of over $150,000. Potential members might be excluded from membership for a variety of other reasons including, for example, too high a proportion of executives from any particular industry, etc.
Your use of the Website is a privilege. Club Exec reserves the right to suspend or terminate that privilege for any reason at any time, at its sole discretion.
Club Exec is not an employment agency. It is a membership marketing and networking service. The membership set up fee that Club Exec charges its executive members covers the professional writing of an Executive profile (see Website for examples), the confidential showcasing of those executive members on the Website, the distribution of confidential summary profiles to potential employers to indicate members' potential availability and the facility provided to permit one-to-one confidential networking between an executive member and a potential employer. The fee also covers such updating of profiles as shall be requested from time to time by the executive member as a result of a change in employment circumstance (new job, promotion, etc.) Club Exec will in any event contact members routinely, with a request to review their profile and either to advise us of any change in circumstance or to confirm that the profile is still current. If no response is received, or the information is deemed inaccurate, Club Exec reserves the right to take down the profile from the website.
The membership subscription (a monthly fee which auto renews) provides access to the databases and other information resources made available to members via the website. Subscription payments can be cancelled or paused at any time after initial 30 days. membership. Cancellation/pause requests to be received at a minimum of 10 working days prior to next payment.
In the event that an executive member obtains a job as a result of a contact initiated via the Website, this is a matter between the executive member and the registered employer. Club Exec does not present executives for specific jobs and does not charge any additional fees either to the employer or to the executive member in relation to a vacancy filled/job offer accepted.
All executive member Profiles are written by Club Exec and are based upon information provided by an executive member/prospective executive member either in writing or on the telephone, or by other means. You warrant and represent to Club Exec that the information provided by you is accurate, true and correct. The executive member/prospective executive member is asked to agree the content of these profiles before they are uploaded onto the Website. You, as executive member/prospective executive member, agree that you are solely responsible for the content of the information contained within the profiles posted to the Website and any consequences arising from such posting. While every reasonable attempt is made to keep the executive member's identity confidential, you will be the sole judge of what is an acceptable level of confidentiality in the profiles and you hereby hold Club Exec harmless against any and all claims or any consequences that might result from either the content of the profiles, or in the event that your identity might be discovered from the content of the profiles, despite the measures We take to maintain confidentiality. You hereby acknowledge and agree that you grant to Club Exec a worldwide, non-exclusive, royalty-free license to use the agreed Profiles for the purposes of Club Exec providing the Website's services to you.
Registered employers are individuals who have registered on the Website and who have been approved by Club Exec in its sole judgement.
Registered employers are identified as being relevant officers or executives of recognized executive search firms, or other recruiting agencies, corporations, private equity firms or other commercial or professional organizations that might have an interest in employing or recruiting senior executives. ("Employers"). Employers are invited to submit job advertisements to the Website and are invited to post relevant messages and requests to the executive membership community for example, by way of networking, to seek advice or assistance on a search assignment. Such job advertisements and messages must be pre-approved by Club Exec before they can be shown on the website. Advertisements are only acceptable where the cash compensation is $150,000 (or its equivalent) or above. Job advertisements and messages relating to jobs will not be accepted where the compensation for the position is either wholly or largely commission based.
Registered Employers will be provided with the means to communicate one-to-one with executive members by email, and executive members may respond to such email via an anonymous and confidential email facility provided by Club Exec or in open form, as the executive member at their sole discretion might determine. Employers may only communicate with Executive Members about job related topics.
Club Exec reserves the right, in its sole discretion, to refuse access to the Website to any person or class of persons for any reason whatsoever. Employer representatives must provide a corporate email address and other contact details which may be subject to verification by Club Exec. Personal email addresses are not acceptable.
Registered employers can set up a company profile page, and these are currently provided free of charge for an initial 12 month period. After 12 months, an annual fee of $1800 dollars will be payable, and Club Exec will contact the employer of the renewal date, and options for payment.
Upon application for Executive Membership, funds will be reserved but not taken from your credit card until Club Exec confirms acceptance of your application. If you are not accepted as a member, your funds will be freed up immediately. If you are accepted as a member, then you will be contacted by email and advised of that fact and that your credit card has been charged with the initial membership fee, and that Club Exec has begun work on your profile (see 2. above).
You will be required to agree the profile before it is uploaded onto the Website. If, after three rounds of editing, agreement cannot be reached between you and Club Exec as to the content and format of the profile, then Club Exec will refund your initial membership fee less $150 unless both parties agree that it is worth continuing to reach an agreement. You understand and acknowledge that Club Exec has the final say on what content can be included on the Website.
Subscriptions auto renew on a monthly basis after the first 30 days' membership. Monthly subscriptions can be cancelled or paused at any time, subject to a minimum of 30 days' notice, by email to: firstname.lastname@example.org.
Executive members can request at any time that their profiles be removed from the Website and their membership terminated.
Registered employers and/or executive members (the "Parties") are not permitted to use the Website for any unlawful or improper purpose, without limitation. For example, the Parties are not permitted to
The Website provides an email facility for executive members to communicate with each other (this particular service will be available in the future) without divulging their identity and for Employers to communicate with executive members (this facility will be available immediately). Club Exec encourages executive members and Employers to network in this way, to help each other and to expand their network from both a business and an employment point of view. There are restrictions on the use of this facility, as follows:
Club Exec reserves the right to monitor and terminate any contact and/or solicitation it considers in its sole discretion to be inappropriate. Please report inappropriate communications to email@example.com. Persons or organizations sending inappropriate messages may have their membership or registration terminated by Club Exec without warning and, where applicable, without reimbursement of fees.
Club Exec does not accept liability as an employer, singularly or jointly, of any Executive Member or the employment/independent contractor status of any Executive Member, as such status pertains to such member's relationship with the Employer and is solely determined by an agreement between the Executive Member and the Employer. The Employer agrees and understands that Club Exec is not an employment agency and will not in any way be involved in the terms and conditions of the employment or contracting arrangement with any Executive Member, nor does Club Exec implicitly, or explicitly, recommend any Executive Member to an Employer, nor does Club Exec present candidates for specific jobs. It is the Executive Member who determines which advertised jobs he or she will or will not apply to. Any agreements, transactions or other arrangements made between an Executive Member and any Advertiser, Employer or other Executive Member named on (or linked to from) the Website are at your own responsibility and entered into at your own risk. Any information that you receive via the Website may have stopped being current by the time it reaches you.
Club Exec has no legal responsibility for any advertisements or messages posted by Employers on the Website ("Advertisements"). Advertisers assume all legal responsibility and are solely responsible for the content of the Advertisements displayed on the Website, including ensuring that the Advertisements are not misleading, are accurate and comply with applicable laws and regulations. Club Exec is not responsible for the content of any Advertisements, including any error or inaccuracy in the Advertisements. In particular, Club Exec does not warrant or guarantee at any time that you will receive any approaches from Employers regarding potential positions of employment.
The Website and Advertisements may contain links to other internet websites or online and mobile services provided by independent third parties, including websites of Advertisers and sponsors ("Third Party Sites"), either directly or through frames. It is your decision whether you purchase or use any third party products or services, or contact any third parties, made available on or via Third Party Sites.
Club Exec's privacy policies do not apply to Third Party Sites and Club Exec shall have no liability or responsibility for any such purchase or use of products or services purchased from Third Party Sites or for your interactions with Third Party Sites. Club Exec is not responsible for, and is not obliged to monitor or exercise any control over, your contact with Advertisers or any Third Party Sites.
THE WEBSITE, SITE CONTENT AND ALL ADVERTISEMENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLUB EXEC DOES NOT MAKE ANY PROMISES IN RESPECT OF THE WEBSITE, THE SITE CONTENT, THE ACCURACY OF THE HEADLINE, SUMMARY AND ACHIEVEMENT PROFILES, OR THE CONTENT OF ADVERTISEMENTS OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH THE WEBSITE, OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON OR LINKED TO FROM THE WEBSITE. CLUB EXEC MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, RELATED TO THE WEBSITE, THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE OR THEIR RESPECTIVE USES. CLUB EXEC DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT THE WEBSITE IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE WEBSITE AND THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE MAY CONTAIN ERRORS AND/OR VIRUSES AND MAY PRODUCE UNEXPECTED RESULTS. ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CLUB EXEC SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING THE CONDUCT OF ANY THIRD PARTY, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT CLUB EXEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU INCUR ANY LOSS OR DAMAGE AS A RESULT OF USING THE WEBSITE OUTSIDE THE SCOPE OF, OR OTHER THAN IN ACCORDANCE WITH, THESE TERMS AND CONDITIONS,
Your exclusive remedy for any claim shall be limited to the subscription fee paid by you for the subscription term during which the event giving rise to the claim occurred. In no event shall liability to you exceed the amount paid by you for your subscription fee. The limitations, exclusions and disclaimers set out above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.
You agree to indemnify, defend, and hold Club Exec harmless against any loss, damage, cost, allegation, liability, expense, claim or demand, including court costs and reasonable fees for attorneys or other professionals, made by any third party resulting from your use of the Website or information made available through the Website.
In response to a valid request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, you agree and authorize Club Exec to disclose information about you without a subpoena. Club Exec, at its sole discretion, may assist third parties to protect their rights in the event that illegal or improper information is entered into or made available through the Website or information made available through the Website is used for illegal or improper purposes. Club Exec may disclose information about you as required by law or to comply with legal process, to report suspected illegal activities or to protect the rights, property or interests of Club Exec. Club Exec reserves the right and discretion, without obligation, to enforce this contract by any appropriate legal means available.
This contract shall be governed by English Law regardless of the choice of law rules of any jurisdiction.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
All trademarks and registered trademarks are the property of their respective owners. Employers and their representatives who submit content to Club Exec agree to grant Club Exec a royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right (including any moral rights) and license to use, reproduce, publish, distribute, communicate to public, perform and display the content, for the full term of any rights that may exist in such content.
This is the entire agreement between you and Club Exec. It supersedes all related communications and prevails over any other provisions relating to its subject matter.
This Agreement was last updated on March 7, 2021.