FOUNDING MEMBER
TERMS & CONDITIONS

1. About Us

1.1. Sidekick Money Ltd (company number 13882980) (‘Sidekick’, ‘we’ and ‘us’) is a company registered in England and Wales and our registered office is at Rivington House, 82 Great Eastern St, London EC2A 3JF.
1.2. We operate the website www.sidekickmoney.com (the ‘Site’), the Sidekick App (the ‘App’) and run the Founding Member Community.
1.3. These terms govern the services we will provide to you as a Member of our Founding Member Community (‘Terms’).  

2. Interpretation

The following definitions and rules of interpretation apply in these Terms.
2.1 Definitions:

Action
a task or activity set out on the Rewards Page that you will earn Points for completing.
Business Day
a day other than a Saturday, Sunday or public holiday in England and Wales, when banks in London are open for business.
Confidential Information
means any information that is proprietary or confidential including any commercial, financial, or technical information relating to the Sidekick business being developed, plans, know-how or trade secrets which are obviously confidential in nature or has been identified as confidential.
Founding Member Community
a community set up by Sidekick to provide Rewards to Members.
Member or ‘you’
users who sign up become members of the Founding Member Community.
Founding Member
a Member who has invested during the Promotional Period and has achieved this status, or those who have earned sufficient Points to unlock the status.
Data Protection Laws
means as binding on either party, the UK General Data Protection Regulation (EU) 2016/679 (‘GDPR’), the Data Protection Act 2018, any laws which Implement any such laws; and any laws that replace, extend, re-enact, consolidate, or amend any of the foregoing.
Intellectual Property Rights
patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Normal Business Hours
9.00 am to 5.30 pm local UK time, each Business Day. 
Personal Data
has the same meaning given to it in the applicable Data Protection Laws from time to time. 
Promotional Period
‍A limited time, determined by us, when investing on Sidekick’s platform will result in Founding Member status.
Points
points you receive for completing Actions. 
Rewards
exclusive rewards available to members of the Founding Member Community as detailed on the Reward Page. 
Reward Page
a page on the Site setting out details of Rewards and Actions available to Members which can be accessed here 

2.2. Clause, schedule, and paragraph headings shall not affect the interpretation of these Terms.
2.3. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person’s legal and personal representatives, successors or permitted assigns.
2.4. A reference to a company shall include any company, corporation, or other body corporate, wherever and however incorporated or established.
2.5. Words in the singular shall include the plural and vice versa.
2.6. A reference to legislation is a reference to that legislation as amended, extended, re-enacted, or consolidated from time to time.
2.7. References to clauses and schedules are to the clauses and schedules of these Terms.

3. Our Relationship with You

3.1. These Terms will apply to your ongoing membership of the Founding Member Community. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice, or course of dealing.
3.2. These Terms set out the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms.
3.3. By becoming a member of the Founding Member Community you will be deemed to have accepted these Terms. Please therefore read this document carefully and get in touch if there is anything within these Terms that you do not understand. If you wish to cancel your membership, please follow the steps set out at clause 9

4. About the Founding Member Community

4.1. The Founding Member Community is a group of Members who will have access to Rewards.
4.2. In order to join the Founding Member Community you will need to invest during the Promotional Period or have earned sufficient Points previously to have unlocked access.
4.3. Once you join the Founding Member Community you will have access to Rewards.
4.4. Sidekick reserves the right to stop providing access to the Founding Member Community at any time.

5. Rewards

5.1. In order to access Rewards, you will need to join the Founding Member Community by meeting the requirements set out at clause 4.2.
5.2. Once you join the Founding Member Community, you will have access to the Rewards listed on the Rewards Page.
5.3. You will be able to access information about the Rewards available to you by visiting the Reward Page.
5.4. You will be able to redeem the Rewards by contacting us via email at support@sidekickmoney.com
5.5. Some Rewards may be limited in number, if this is the case, the number of the specific Reward available will be clearly indicated on the Reward Page. These Rewards will be delivered on a first-come, first-served basis.
5.6. You may be required to provide additional information in order to redeem Rewards. If the required information is not provided within a reasonable time period, we reserve the right to cancel any relevant orders for Rewards.
5.7. Once you redeem a Reward you cannot cancel it or return the Reward for a Refund of Points except in the case of defective products or as otherwise permitted by law.
5.8. The Rewards listed on the Reward Page may be updated or removed by Sidekick from time to time.
5.9. Sidekick may limit the number of Rewards available per Founding Member over a set period of time.
5.10. All Rewards listed on the Reward Page are subject to availability and Sidekick does not guarantee that Rewards will always be available.
5.11. Certain Rewards may be subject to additional terms and conditions, which will be made available to you on redeeming the Reward.
5.12. Some Rewards may require additional Actions or Points to be accrued before they can be redeemed.
5.13. All Rewards are for your personal use only and you cannot sell, copy or reproduce them. If we learn that you have sold, copied, reproduced or otherwise used our Rewards for commercial gain or fraudulently, we may permanently cancel your access to our Rewards and the Founder Member Community.
5.14. In the event of any disputes regarding Rewards, Sidekick’s decision shall be final.

Third Party Rewards
5.15. Some Rewards may be made available and provided by third parties.
5.16. If a Reward is provided by a third party, this will be made clear on the Reward Page
5.17. We cannot guarantee that Rewards provide by third parties will always be available or that they will always be provided on the same terms.
5.7.18. Any Rewards provided by third parties will be subject to the relevant third party’s terms and conditions and you may be required to agree to their terms and conditions before redeeming the Reward.
5.19. We will not be responsible for any loss or damage you suffer if you fail to comply with any such additional terms and conditions and we will not issue refunds of Points.
5.20. If you are redeeming a Reward provided by a third party, you may be redirected to the relevant third party website.
5.21. We are not responsible for the third party’s performance of their obligations, including any losses or damage suffered by you as a result of their supply of any products or services, use of their website or their failure to comply with any applicable laws or regulations.
5.22. If you are not satisfied with a third party’s service or products, please contact them directly.

6. Our Services

6.1. Any descriptions or illustrations on our Site or on the Reward Page are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Terms or have any contractual force.
6.2. The services we will provide to you as a Member of the Founding Member Community are:

6.2.1. updates about the progress of the App and the development of Sidekick's business;
6.2.2. subscription to the weekly Sidekick Market Pulse newsletter;
6.2.3. access to apply for Sidekick’s Services and App before non-Members; and
6.2.4. access to Rewards;

Sidekick reserves the right to amend and withdraw the services set out in this clause 6 from time to time. All updates will be made to the Reward Page on our website.

7. Our Obligations

7.1. These Terms shall not prevent Sidekick from entering into similar agreements or arrangements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under these Terms.
7.2. Sidekick warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under these Terms.
7.3. Except as set out in these Terms, Sidekick gives no warranties and makes no representations in relation to the Services or Founding Member Community and all warranties and conditions (including the conditions implied by ss 12-16 of the Supply of Goods and Services Act 1982), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
7.4. Sidekick reserves the right to amend the Rewards Page and Founding Member Community if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Founding Member Community, and Sidekick shall notify the Member in any such event.

8. Your Obligations

8.1. You shall:

8.1.1. comply with all applicable laws when becoming a Member and accessing the Founding Member Community and Rewards;
8.1.2. co-operate with Sidekick in all matters relating to the Founding Member Community and Rewards;
8.1.3. provide Sidekick with such information and materials as Sidekick may reasonably require in order to provide access to the Founding Member Community, and ensure that such information is complete and accurate in all material respects;
8.1.4. obtain and maintain all necessary licences, permissions and consents which may be required for you to become a Member before the date on which you become a Member.

8.2. You represent and warrant that any information provided by you in relation to the Founding Member Community:

8.2.1. does not infringe the Intellectual Property Rights of any third-party;
8.2.2. is legal, truthful, honest and complies with all applicable laws;
8.2.3. is free from any viruses, adware, malware, bit torrents, and will not cause an adverse effect on the operation of Rewards or Founder Member Community;
8.2.4. is not obscene, indecent or graphic; and
8.2.5. is not defamatory, harmful, unlawful or illegal.

8.3. You shall defend, indemnify and hold Sidekick harmless against claims, actions, proceedings, losses, damages, expenses, and all costs arising out of or in connection with the Member’s breach of these Terms or misuse of the Founding Member Community or Rewards.
8.4. If Sidekick’s performance of any of its obligations under these Terms is prevented or delayed by any act or omission by the Member or failure by the Member to perform any relevant obligation (Member Default):

8.4.1. without limiting or affecting any other right or remedy available to it, Sidekick shall have the right to suspend access to the Founding Member Community and Rewards until the Member remedies the Member Default, and to rely on the Member Default to relieve it from the performance of any of its obligations in each case to the extent the Member Default prevents or delays Sidekick’s performance of any of its obligations;
8.4.2. Sidekick shall not be liable for any costs or losses sustained or incurred by the Member arising directly or indirectly from Sidekick’s failure or delay to perform any of its obligations as set out in this clause 8.4; and
8.4.3. the Member shall reimburse Sidekick on written demand for any costs or losses sustained or incurred by Sidekick arising directly or indirectly from the Member Default.

9. Cancelling your Membership

9.1. If you no longer want to be a member of the Founding Member Community, you can cancel your membership any time by contacting us at support@sidekickmoney.com. We will acknowledge that request has been carried out.
9.2. Sidekick reserves the right to cancel memberships of specific Members if Sidekick reasonably believes a Member has:
9.3. breached these Terms; or
9.4. abused or defrauded the Founding Member Community, Actions or Rewards.
9.5. On cancellation of your membership:

9.5.1. we will immediately stop providing you with the services set out in clause 6;
9.5.2. any Points or Rewards accrued will be removed and become unredeemable;
9.5.3. in no circumstances will your Points or Rewards be transferrable to another Member;
9.5.4. your right to access Rewards will be suspended; and
9.5.5. your right to accrue further Points will be suspended.

10. Data Protection

10.1. Any Personal Data that you provide to us will be dealt with in line with our privacy policy, which explains what information we collect and hold about you, and how we collect, store, use and share such information.
10.2. The Member shall at all times comply with all Data Protection Laws in connection with the processing of Personal Data provided by the Member toSidekick. Nothing in these Terms relieves the Member of any responsibilities or liabilities under Data Protection Laws.
10.3. The Member shall indemnify and keep indemnified Sidekick from and against all claims, demands, costs, actions, expenses, liabilities, compensation paid to data subjects and damages or losses (including all interest and penalties and, where reasonably incurred, reasonable legal and other professional costs and expenses) arising out of or in connection with any breach by or on behalf of the Member of this clause 6 or its obligations under Data Protection Laws.

11. Intellectual Property Rights

11.1. The Member acknowledges and agrees that Sidekick and/or its licensors own all Intellectual Property Rights in the Founding Member Community. Except as expressly stated herein, these Terms do not grant the Member any rights to, or in, Intellectual Property Rights, or any other rights or licences in respect of the Founding Member Community.

12. Limitations of Liability

12.1. This clause 12 sets out the entire financial liability of Sidekick (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Member:

12.1.1. arising under or in connection with these Terms;
12.1.2. in respect of any use made by the Member of the Founding Member Community; and
12.1.3. in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.

12.2. Nothing in these Terms excludes the liability of Sidekick for:

12.2.1. death or personal injury caused by Sidekick’s negligence; or
12.2.2. fraud or fraudulent misrepresentation.

12.3. Subject to clause 12.2, Sidekick’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the total Fees paid under these Terms during the twelve (12) months immediately preceding the date on which the claim arose.
12.4. Subject to clause 12.2, Sidekick shall not be liable for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms.
12.5. Subject to clause 12.2, Sidekick shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any of the following (whether direct or indirect): 

12.5.1. loss of profits;
12.5.2. loss of business;
12.5.3. harm or depletion of goodwill;
12.5.4. loss of opportunity;
12.5.5. loss of savings, discount or rebate;
12.5.6. loss of corruption of data or information;
12.5.7. pure economic loss.

13. General

13.1. Force majeure. Sidekick shall have no liability to the Member under these Terms if it is prevented from or delayed in performing its obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of Sidekick or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of sub-contractors. Sidekick will use its reasonable endeavours to notify the Member of such an event and its expected duration.
13.2. Waiver. If we do not insist that you perform any of your obligations under the Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
13.3. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.4. Assignment.

13.4.1. The Member shall not, without the prior written consent of Sidekick, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Terms.
13.4.2. Sidekick may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Terms.

13.5. No partnership or agency. Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
13.6. Third party rights. These Terms are between you and us. They do not confer any rights on any person or party (other than the parties to these Terms and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
13.7. Confidentiality.‍

13.7.1. Each party may be given access to Confidential Information from the other party in order to perform its obligations under these Terms. The provisions of this clause shall not apply to information which:
(a) is or becomes publicly known other than through any act or omission of the receiving party;
(b) was in the other party’s lawful possession before the disclosure;
(c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
(d) is independently developed by the receiving party, which independent development can be shown by written evidence; or
(e) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
13.7.2. Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose except in accordance with the terms of these Terms.
13.7.3. Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of these Terms.
13.7.4. Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
13.7.6. This clause 16.7 shall survive termination of these Terms, however arising.

13.8. Communications between us.‍

13.8.1. When we refer to “in writing” in theseTerms, this includes email and in-App messages.
13.8.2. Any notice required to be given under these Terms shall be in writing and shall be delivered by hand, sent by pre-paid first class post or recorded delivery post or by email to the other party. Email will be our default method of communication.
13.8.3. Notices may be given and are deemed received:
(a) by hand: on receipt of a signature at the time of delivery;
(b) by pre-paid first-class or recorded delivery post: at 9.00am on the second Business Day after posting;
(c) at the time of transmission, or if sent outside of Normal Business Hours, at 9.00am on the next Business Day.

13.9. Governing law. These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) is governed by, and construed in accordance with, the laws of England and Wales.
13.10. Jurisdiction. The parties irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims).