TERMS AND CONDITIONS

Last updated Mar 09, 2025

INTRODUCTION

These Terms set out the terms and conditions upon which Experiential Academy has agreed to permit the User to use the Platform on a free-of-charge basis.

We particularly draw your attention to Clause 8 of these Terms, which limits Experiential Academy’s liability. This Clause also states that Experiential Academy’s Platform and Services are licensed on an “as is” basis for beta testing purposes only, Experiential Academy does not give any representation or warranty concerning the Platform and Services and Experiential Academy is not liable for any acts or omissions of other Users on the Platform including any Projects and Submissions that they submit on the Platform.

IT IS AGREED THAT:

1 . DEFINITIONS AND INTERPRETATION

1.1. In these Terms, the following words have the following meanings:

      • Business Users means companies using the Platform to make Projects available for Student Users to apply to and participate in.
      • Confidential Information means:
        • the Platform (including any details of the code of the Platform) and all documentation and other information which may be provided by Experiential Academy concerning the Platform and/or the Services and any notes or records which have been made by the User (whether electronically or otherwise) detailing the design and structure of the Platform including any details of the code of the Platform; and
        • all information relating to Innovative Mind’s business, products and services (including operations, plans, market opportunities, customers, know-how, designs, processes of production and technology, trade secrets and Platform), whether in writing, orally or by any other medium.
    2. Data Protection Laws means all applicable laws which govern the use of data relating to identified or identifiable individuals, including the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 and the GDPR, as amended or replaced from time to time.
    3. Force Majeure means any circumstance beyond the reasonable control of Experiential Academy (regardless of whether or not such circumstance was in existence and/or was reasonable as at the date these Terms were accepted by the User) including any act of God, pandemic, epidemic, disease, war, riot, terrorism, explosion, abnormal, extreme or unusual weather conditions, general supply chain disruption or material shortages, loss of utilities, fire, flood, strike, lockout or industrial dispute and/or governmental or regulatory authority action.
    4. GDPR means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018. Definitions and interpretation
    5. Experiential Academy means Experiential Academy Ltd (Company Number 16029826), trading as Experiential Academy, registered in England and Wales with its registered office address at Nexus, Discovery Way, Leeds, England, LS2 3AA.
    6. Personal Data means any personal data which is processed from time to time by Experiential Academy in connection with the provision of the Platform and Services including the contact details of the Users who use the Platform and/or Services or otherwise interact with Experiential Academy in connection with these Terms.
    7. Platform means the Experiential Academy web platform at www.thexpa.com.
    8. Projects means projects made available by Business Users on the Platform for Student Users to apply to and participate in.
    9. Project Information means any information provided by or on behalf of Business Users to Student Users via the Platform in connection with a Project including any information, data, text, images, videos and other materials.
    10. Services means any support and associated services provided by Experiential Academy to the Users in connection with the Platform from time to time.
    11. Student User means a student using the Platform (via a University User or otherwise) to apply to and participate in Projects from Business Users.
    12. Submissions means submissions provided by Student Users to Business Users via the Platform in response to a Project they have been accepted to participate in.
    13. University Users means a University using the Platform to allow its students, as Student Users, to apply to and participate in Projects from Business Users.
    14. Users means users of the Platform, each being a Student User, University User or Business User.
    15. Website means innominds.co.uk and www.thexpa.com
    16. The terms personal data and processing (and related expressions) shall have the meanings given to them in the Data Protection Laws.

1.2. In these Terms: headings are for convenience only and shall not affect construction or interpretation; references to Clauses are to the clauses of these Terms; words denoting the singular shall include the plural and vice versa; words denoting any gender shall include all genders; any reference to any law, statute, statutory provision, statutory instrument, directive, subordinate legislation, code of practice or guideline shall be construed as a reference to the same as may be amended, consolidated, modified, extended, re-enacted or replaced from time to time; and use of words such as “include”, “including” and “in particular” shall not limit the generality of any preceding or following words which are not intended to be exhaustive.

2. LICENCE

2.1 In consideration of £1 (payable on demand), Experiential Academy grants to the User a personal, non-transferable, non-exclusive licence to access and use the Platform and the Services for the purpose of enabling Business Users to make Projects available on the Platform and enabling Student Users, via University Users or otherwise, to apply for, participate in and submit Submissions in response to Projects (the “Licence”).
2.2 The User may not make any backup or archival copies of the Platform or any Project Information nor load or store the same on any hardware or infrastructure which is not under the direct control of the User.
2.3 The User shall maintain in place appropriate physical and logical security measures (including firewalls, access controls and other appropriate measures) to protect any copies of the Platform and any Project Information which it may have made (whether or not authorised under these Terms) and any documentation and other information which may be provided by Experiential Academy or through the Platform concerning the Platform, Services and Projects and any notes or records which have been made by the User (whether electronically or otherwise) detailing the design and structure of the Platform including any details of the code of the Platform against unauthorised access or use.
2.4 The User shall maintain in strict confidence at all times any user names, access codes or other authorisations which may be provided or allocated to it by Experiential Academy and/or via the Platform from time to time together with any associated passwords, tokens or certificates (and, where the User is responsible for setting its own password, token or certificate shall ensure that those are sufficiently robust in accordance with generally accepted security recommendations in the IT industry from time to time) and shall not disclose the same to any other person.
2.5 The User shall immediately inform Experiential Academy of any actual or suspected loss, theft, publication or disclosure of any of its usernames, access codes, other authorisations, passwords, tokens or certificates for the Platform and/or of any actual or suspected unauthorised access to or use of the Platform which the User becomes aware.
2.6 The User shall not:

  1. use or attempt to use the Platform or Services for commercial purposes;
  2. use or attempt to use the Platform or Services for any illegal or unlawful purpose and/or for the purposes of publishing or otherwise distributing materials which are false, offensive, defamatory or in breach any intellectual property rights belonging to any third party, through Projects, Submissions, Project Information or otherwise;
  3. use or attempt to use the Platform or Services, or issue Projects, Project Information or Submissions, using automated or non-human means, whether through a bot, script or otherwise;
  4. use or attempt to use the Platform or Services in any way which disrupts, restricts or interferes with the provision of the Platform or Services by Experiential Academy and/or the availability to and use of the Platform or Services by other users authorised by Experiential Academy;
  5. pre-fetch, cache, index, copy, re-utilise, extract or store any data from the Platform (except for the User’s own data);
  6. upload any data to the Platform which contains any virus, worm, Trojan horse or other components which may be harmful to or disrupt the Platform;
  7. access or attempt to access any part of the Platform which the User is not authorised to access and/or to access any data which is held on or accessible via the Platform other than the User’s own data and any data which is made publicly available by Experiential Academy to all users on or via the Platform;
  8. reverse engineer, decompile, copy, distribute, disseminate, sub-licence, modify, translate, scan and/or adapt any Platform or other code or script which forms part of or is accessible via the Platform or Services; or
  9. share any personal data or confidential information with other Users via the Platform, via Projects, Submissions, Project Information or otherwise, except where the Users have entered into a direct separate agreement governing such sharing. The User acknowledges and agrees that Experiential Academy shall not be liable for any loss or damage arising from any sharing of personal data or confidential information between Users via the Platform or otherwise.

2.7 The Licence granted to the User is personal and other than, where the User is a Business User or University User, those individual employees or students of the User who the User authorises from time to time to access and use the Platform and/or Services on its behalf (and for whose acts and omissions the User shall be vicariously liable to Experiential Academy for under these Terms as if those were the acts or omissions of the User itself) the User shall not permit any other person to access and use the Platform and/or Services, whether or not in return for payment.
2.8 The User warrants that:

  1. it is based in the United Kingdom;
  2. where it is a Student User, it is at least 18 years old; and
  3. where it is a Business User:
    • its business does not relate to illegal drugs, gambling, sex or religion; and
    • the individual accepting these Terms on behalf of the Business User is authorised to do so.

3 USER OBLIGATIONS

3.1 Without prejudice to Clause 8.5(a) and 8.5(b), the User shall act promptly and use reasonable care and diligence when submitting Submissions and submitting and participating in Projects on the Platform.
3.2 Where a Business User has accepted a Student User to participate in, and provide a Submission in response it, its Project, the Business User shall:

  1. provide all information reasonably required by the Student User to enable them to participate in, and provide a Submission in response to, the Project; and
  2. use all reasonable endeavours to attend at least two meetings (each of at least thirty minutes in length) with the Student User to provide feedback to the Student User on the Submission and their participation in the Project.

4 CONFIDENTIALITY

4.1 The User shall maintain in confidence the Confidential Information, and shall not use or disclose that Confidential Information other than as authorised under these Terms.
4.2 The User shall not make any announcement concerning these Terms nor otherwise publicise its use of the Platform or Services without the prior written consent of Experiential Academy provided that the foregoing will not prevent the User from making any announcement concerning these Terms to the limited extent that is required in order to comply with any legal or regulatory disclosure requirements to which the User in question is subject.

5 DATA PROTECTION

5.1 The User acknowledges that:

  •  Experiential Academy may be required to process the User’s Personal Data when providing the Platform and Services in accordance with these Terms; and
  • unless otherwise required or permitted by law, Experiential Academy shall process the User’s Personal Data in accordance with its privacy notice at the “Privacy Notice”.

5.2 The User confirms that it has read and understood the Privacy Notice.

5.3 Without prejudice to the generality of Clause 5.1(b), the User’s Personal Data may be used by Experiential Academy on an anonymised basis for statistical, analytical and reporting purposes including, without limitation, to report to University Users and other educational institutions on how the Platform is being used by Student Users and Business Users.

6 INTELLECTUAL PROPERTY RIGHTS

6.1 The User acknowledges and agrees that Experiential Academy is the owner of the Platform including the owner of any intellectual property rights subsisting or capable of subsisting in the Platform in any part of the world and in all documentation and other information which may be provided by Experiential Academy concerning the Platform and/or the Services and of any notes or records which have been made by the User (whether electronically or otherwise) detailing the design and structure of the Platform including any details of the code of the Platform. Subject only to the Licence, these Terms shall not act so as to authorise the User to use any such items nor to transfer ownership of the same from Experiential Academy to the User.

6.2 If by operation of law the User becomes the first owner of any item or rights of Experiential Academy as referred to in Clause 6.1 (including any intellectual property rights subsisting or capable of subsisting in any part of the world) then the User hereby assigns to Experiential Academy (by way of a present assignment of a future right) ownership of such item or right and shall execute such further documents and undertake such further acts as may be reasonably required to perfect and record the assignment of any such item or right.

6.3 If the User becomes aware of any claim or allegation that the Platform infringes the rights of any third party then it shall immediately inform Experiential Academy of such claim or allegation and the User shall not comment on or respond to any claim or allegation concerning the Platform or hold itself out as being authorised by Experiential Academy to do so.

6.4 The User hereby grants to Experiential Academy a worldwide, perpetual, irrevocable, royalty-free licence to use (and sub-licence the use of) and incorporate into any of Experiential Academy’s Platform and/or Services any suggestion, enhancement request, recommendation, correction or other feedback provided by or on the behalf of the User. Experiential Academy acknowledges that any such suggestion, enhancement request, recommendation, correction or other feedback shall be provided by or on the behalf of the User on an “as is” basis without any representation, warranty and/or guarantee as to accuracy, completeness, fitness for purpose or otherwise and accordingly any such use or incorporation by Experiential Academy shall be at the sole risk and expense of Experiential Academy.

6.5 Experiential Academy acknowledges that all intellectual property rights in data or works generated by the User directly as a result of the User’s use of the Platform and/or Services as permitted by these Terms (the “User Materials”) shall, unless otherwise agreed directly between Users, be owned by the User. The User grants Experiential Academy a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify the User Materials to the extent necessary for Experiential Academy to provide the Licence.

7 TERMINATION AND SUSPENSION

7.1 These Terms shall come into force on the date that they are accepted by or on behalf of the User.

7.2 Experiential Academy may immediately terminate the Licence granted under these Terms by giving written notice to the User for any reason at any time including if:

  • the User commits any material breach of these Terms;
  • the User becomes bankrupt or goes into liquidation (whether voluntary or compulsory), becomes insolvent, is dissolved, compounds with its creditors or has a receiver, administrative receiver or administrator appointed over the whole or any part of its assets or a petition is presented, or a meeting is convened for the purpose of considering a resolution, for the making of an administrative order, the winding-up, bankruptcy or dissolution of the User or the User suffers any similar process in any jurisdiction outside of England and Wales; or
  • any claim or allegation is made that the use by the User of the Platform infringes the rights of any third party (regardless of whether or not the claim or allegation relates to the use by the User of the Platform within or outside of the scope of the Licence).

7.3 Upon termination of the Licence, the User shall no longer have any right to access or use the Platform or the Services.

7.4 Experiential Academy may also immediately terminate or suspend the User’s account on the Platform, and/or delete any Projects and Submissions submitted by the User on the Platform, at any time without notice.

7.5 The User may terminate its account on the Platform at any time by contacting Experiential Academy at info@thexpa.com

8 LIABILITY

8.1 Neither party seeks to limit or exclude in any way its liability for death or personal injury caused by negligence; for fraud or fraudulent misrepresentation; in respect of any breach of any condition implied under section 12 of the Sale of Goods Act 1979; and/or for any other matter or liability which cannot be lawfully limited or excluded. Each provision of these Terms shall be read as subject to this Clause 8.1 and no provision of these Terms is intended to nor shall be interpreted as seeking to limit or exclude any of the foregoing types of liability.

8.2 Subject to Clause 8.1, Experiential Academy shall not be liable for: loss of business; loss of use; loss of profit; loss of anticipated profit; loss of contracts; loss of revenues; loss or damage to goodwill or brand; loss of anticipated savings; loss of data or use of data; damage to reputation; and/or any consequential, special or indirect loss or damage in any case, regardless of whether or not Experiential Academy was aware or had been made aware (or ought reasonably to have been aware) of the risk that such loss or damage might occur.

8.3 Subject to Clause 8.1, the maximum liability of Experiential Academy for any and all claims under or in connection with these Terms shall be limited in aggregate to £500.

8.4 The User acknowledges and agrees that the Platform and Services are licensed to it on an “as is” basis for beta testing purposes only and that Experiential Academy does not make or give any representation or warranty concerning the Platform and Services including that the same do not infringe the rights of any third party, are fit for any particular purpose, meet any particular standard, will function in any particular manner nor that the same are free of errors or bugs or will operate free of interruption. Any warranties or conditions concerning the Platform and/or Services which might be implied into these Terms are hereby excluded to the fullest extent permitted by law.

8.5 Without prejudice to the generality of Clause 8.4, the User acknowledges and agrees that Experiential Academy shall not be responsible or liable for:

  • any acts or omissions of other Users on or in connection with the Platform;
  • any Projects and Submissions submitted by other Users on the Platform. Experiential Academy shall not be liable for any liability, loss or damage suffered by the User that results from any conclusions drawn, actions taken or other activities in reliance upon, Projects or Submissions on the Platform. The User acknowledges that Experiential Academy has no control over the quality and volume of Projects and Submissions provided through the Platform and these may vary; or
  • any loss of or corruption to data, including Project Information, which may result from the User’s use of the Platform and/or Services and that the User is solely responsible for protecting and backing-up its own data, including Project Information, at such frequencies and in such a manner so as to enable the User to promptly recover any lost or corrupted data with minimal impact on its business.

8.6 Experiential Academy shall not be liable to the User for any failure or delay in complying with its obligations under these Terms where such delay or failure is reasonably attributable to an event of Force Majeure.

8.7 The User acknowledges that any certificates issued by Experiential Academy to Users in connection with the Platform are non-academic and do not constitute a formal qualification, licence or similar. No reliance should be placed on any such certificates.

9 GENERAL

9.1 The parties are with respect to each other, independent contractors and nothing in these Terms and no actions taken by the parties under it shall be deemed to constitute any employment, agency, partnership, association, joint venture or other co-operative enterprise between the parties or any Users. Business Users shall not pay Student Users for Submissions. Student Users shall ensure that their use of the Platform and participation in Projects complies with any applicable right to work, visa and immigration requirements and restrictions.

9.2 These Terms together with any documents referred to or incorporated into it in accordance with its terms represents the entire agreement between the parties relating to its subject matter and supersedes all previous presentations made and/or agreements, negotiations and discussions between the parties relating to the same.

9.3 Experiential Academy may modify these Terms at any time by posting the updated Terms on the Website. If the User does not agree to the modifications, it may terminate its account on the Platform in accordance with Clause 7.5.

9.4 The User may not assign, sub-contract or transfer any of its rights and/or obligations under these Terms without the prior written consent of Experiential Academy and shall at all times remain primarily liable to Experiential Academy for the acts and omissions of any of its assignees as if those were the acts or omissions of the assigning party itself under these Terms and regardless of whether or not the assignment in question was authorised under this Clause 9.4.

9.5 If any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, the remaining provisions shall remain in full force and effect.

9.6 The failure to exercise or delay in exercising any right or remedy under these Terms shall not be regarded as a waiver of such right or remedy, or a waiver of other rights or remedies. No single or partial exercise of any right or remedy under these Terms shall prevent any further exercise of the right or remedy or any other right or remedy.
9.7 A person who is not a party to these Terms shall have no right to enforce any term of these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

9.8 The User acknowledges and agrees that damages alone may not be an adequate remedy for any breach of these Terms. Accordingly, without prejudice to any other rights and remedies it may have (whether under these Terms or otherwise), Experiential Academy shall be entitled to seek equitable relief (including injunctive relief) concerning any threatened or actual breach of any of the provisions of these Terms.

9.9 These Terms and any dispute or claim arising out of or in connection it or its subject matter or formation (including any non-contractual disputes or claims) shall be governed by English law and, save in respect of the enforcement of any judgment, the parties agree to submit to the exclusive jurisdiction of the English courts.