These Terms and
Conditions apply between you, the user of this Website and Alchemists Marketing Limited, ("we",
"us" or "our"), the owner and operator of this Website.
By accessing or using this Website, you agree to be bound by
these Terms and Conditions to the extent that they apply to your use of the
Website. If you purchase any course, programme, digital content or related
services from us, you also agree to be bound by the clauses relating to those
purchases. If you do not agree to these Terms and Conditions, you must stop
using the Website immediately.
No content on this Website constitutes a binding offer
capable of acceptance. Your order is an offer to purchase digital content
and/or services from us. A binding contract is formed only when we send you
written confirmation that your order has been accepted.
In these Terms and Conditions, unless the context otherwise
requires:
- "Account" means the account created by you to
access all or part of the Website, Digital Content, Services or communications
features.
- "Business Customer" means a customer purchasing
Digital Content and/or Services wholly or mainly for use in connection with
their trade, business, craft or profession.
- "Consumer" means an individual acting for purposes
that are wholly or mainly outside that individual's trade, business, craft or
profession.
- "Content" means any text, graphics, images, audio,
video, software, data, course materials, downloads, templates, documents and
any other information or material appearing on or forming part of this Website. "Digital Content" means any data supplied in
digital form, including online courses, videos, lessons, downloads, templates,
recordings, learning materials and related digital resources made available
through the Website."Services" means any services supplied by us
through or in connection with the Website, including access to learning
features, support services, optional live sessions, cohort delivery, enterprise
onboarding, community features or other related services, where applicable."Facilities" means any online
facilities, tools, features, services or information that Alchemists Marketing Limited makes available through the Website either now or in the future.
- "Order" means your order for any Digital Content
and/or Services placed through the Website.
- "Plan" means any package, tier, programme,
enterprise offer, subscription, membership or pricing plan offered by us from
time to time."Services" means any services supplied by us
through or in connection with the Website, including access to learning
features, support services, optional live sessions, cohort delivery, enterprise
onboarding, community features or other related services, where applicable.
- "Premises" means our registered
office or principal place of business at [ADDRESS].
-
"System": means any online communications infrastructure that Alchemists Marketing Limited makes available
through the Website now or in the future, including contact forms, email,
message boards, community spaces, chat functions and similar features.
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"User" or "Users" means any third party that accesses the Website and is not employed by Alchemists Marketing Limited and acting in the course of their employment.
-
"Website" means (mpm.training) and any sub-domains unless expressly
excluded by separate terms and conditions.
-
"We/Us/Our"means Alchemists Marketing Limited, a company incorporated in [COUNTRY] with company registration Number [123456], whose registered
office is at [Address].
- 2.1 This Website and our Digital Content and Services are
intended primarily for users aged 18 or over.
- 2.2 If you are under 18, you may only use the Website or
purchase any Digital Content or Services with the involvement and consent of a
parent or legal guardian.
- 2.3 By placing an Order, you confirm that you are legally
capable of entering into a binding contract.
- 3.1 These Terms and Conditions also apply to Business
Customers, except where a clause states that it applies only to Consumers.
- 3.2 Where you purchase on behalf of a business or other
organisation, you confirm that you have authority to bind that business or
organisation.
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4.1 Subject to clause 5
and any express licence granted by us, all intellectual property rights in the
Website, the Content, the Digital Content and the Services, including text,
graphics, logos, icons, images, audio, video, downloads, course materials, page
layouts, software and underlying code, are owned by or licensed to Alchemists Marketing Limited.
- 4.2 All such rights are protected by the laws of England and
Wales and applicable international intellectual property laws and treaties.
- 4.3 You may access, view and use the Website and any
purchased Digital Content solely for your own lawful, internal and
non-commercial use, unless we expressly agree otherwise in writing.
- 4.4 Except as permitted by law or expressly permitted by us
in writing, you must not:
- 4.4.1 copy, reproduce, distribute, publish, sell, license,
sub-license, rent, transfer, adapt, edit or create derivative works from any
Content or Digital Content;
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4.4.2 share your access to paid Digital Content with any
other person;
-
4.4.3 remove or alter any copyright, trade mark or other
proprietary notices; or
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4.4.4 use any Content or Digital Content for competing
commercial purposes.
- 5.1 Certain Content, software, tools, trade marks or
materials made available through the Website may be owned by third parties.
- 5.2 All rights in such third-party materials remain with the
relevant owners.
- 5.3 You must comply with any third-party licence terms or
usage restrictions notified to you.
- 6.1 You may use material from the Website only as permitted
by these Terms and Conditions or by applicable law.
- 6.2 Nothing in these Terms and Conditions limits any rights
you may have under applicable copyright exceptions or other mandatory legal
rights.
- 7.1 This Website may contain links to third-party websites
or resources.
- 7.2 Unless expressly stated otherwise, such websites are not
under our control and we are not responsible for their content, availability,
policies or practices.
- 7.3 The inclusion of a link does not imply that we endorse
the linked website or any goods, services or information made available through
it.
- 8.1 You may link to the home page of this Website provided
that the link is fair, lawful and does not damage our reputation or take unfair
advantage of it.
- 8.2 You must not establish a link in such a way as to
suggest any association, approval or endorsement on our part where none exists.
- 8.3 You must not frame this Website on any other website
without our prior written consent.
- 8.4 We reserve the right to require you to remove any link
to this Website immediately.
- 9.1 When using any System, community space, discussion area,
messaging feature or similar functionality on the Website, you must comply with
these Terms and Conditions and all applicable laws.
- 9.2 You must not:
- 9.2.1 use obscene, offensive, abusive, threatening,
discriminatory or defamatory language;
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9.2.2 submit or share unlawful, misleading, infringing or
otherwise objectionable content;
-
9.2.3 promote or incite violence, hatred or unlawful
conduct;
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9.2.4 impersonate any person or misrepresent your identity
or affiliation;
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9.2.5 use the Website or System to send spam, junk mail or
unauthorised marketing communications;
-
9.2.6 upload or transmit any viruses, malware or harmful
code; or
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9.2.7 use the Website in a way that could damage, disable,
overburden or impair the Website or interfere with any other user's use of it.
- 9.3 We may monitor, moderate, remove or disable access to
communications or content submitted through the System where reasonably
necessary to operate the Website, enforce these Terms and Conditions, comply
with legal obligations, protect users, or protect our legitimate interests.
- 9.4 If you submit content to us through the Website, you
grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy,
reproduce, display and use that content to the extent reasonably necessary to
operate, administer, moderate and improve the Website and our Services.
- 9.5 We do not claim ownership of your original content, but
you confirm that you have the necessary rights to submit it.
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10.1 In order to access
certain parts of the Website or purchase certain Digital Content or Services,
you may need to create an Account.
- 10.2 You agree that:
- 10.2.1 all information you provide is accurate, current and
complete;
- 10.2.2 you will keep your information up to date;
10.2.3 you will keep your login credentials confidential;
- 10.2.4 your Account is personal to you and must not be
shared with any other person; and
- 10.2.5 where you purchase access on behalf of a business,
each learner must have their own individual Account unless we expressly agree
otherwise in writing.
- 10.3 You must notify us promptly at mpm@alchemists.co.uk
if you know or suspect that your Account, password or other security details
have been lost, stolen, misused or compromised.
- 10.4 We may suspend or disable your Account if we reasonably
believe that:
- 10.4.1 you have breached these Terms and Conditions;
- 10.4.2 your Account is being used fraudulently or
unlawfully;
- 10.4.3 your Account has been shared in breach of clause
10.2; or
- 10.4.4 suspension is necessary for security, technical or
operational reasons.
- 10.5 We will not usually be responsible for losses arising
from your failure to keep your Account credentials secure.
- 11.1 You may close your Account at any time by contacting
us.
- 11.2 We may suspend or terminate your Account in accordance
with clause 10.4.
- 11.3 If we terminate your Account because you have breached
these Terms and Conditions, we may cancel or restrict your access to unpaid or
paid-for areas of the Website to the extent reasonably necessary and legally
permitted.
- 11.4 Termination of an Account does not automatically cancel
any contract for paid Digital Content or Services unless expressly stated by
us.
- 12.1 We will take reasonable care to ensure that
descriptions of Digital Content, Services and Plans on the Website are
accurate.
- 12.2 Images, sample materials, testimonials, outcomes and
timings shown on the Website are illustrative only unless we expressly state
otherwise.
- 12.3 Our current offering is primarily based on one-off
purchases, but we may also offer certain Plans on a subscription, membership or
enterprise basis where this is expressly stated at checkout or in the relevant
Plan details.
- 12.4 We may update, improve or modify Digital Content,
Services or Plans from time to time, provided that any changes to paid-for
Digital Content or Services will not materially reduce them below the standard
that a Consumer is reasonably entitled to expect.
- 12.5 All prices shown on the Website are in the currency
stated on the Website and are inclusive of VAT where applicable, unless
expressly stated otherwise.
- 12.6 We reserve the right to change prices at any time, but
any price change will not affect an Order that we have already accepted.
- 12.7 Availability of Digital Content, Services, optional
live sessions, cohorts, enterprise packages or Plans may be limited and we do
not guarantee that any particular Digital Content, Service or Plan will always
be available.
- 12.8 Where access is provided on a subscription basis in the
future, billing frequency, renewal terms and cancellation arrangements will be
stated at checkout and/or in the relevant Plan details.
- 13.1 The steps required to place an Order are set out on the
Website.
- 13.2 Before you place your Order, you will have the
opportunity to review it, check the total price and correct any input errors.
- 13.3 By placing an Order, you confirm that:
- 13.3.1 the information you provide is accurate;
- 13.3.2 you are authorised to use the chosen payment method;
and
- 13.3.3 where the Order includes payment, you acknowledge
that the Order carries an obligation to pay.
- 13.4 Your Order constitutes an offer to purchase Digital
Content and/or Services from us.
- 13.5 A binding contract is formed only when we send you an
email or other durable-medium confirmation accepting your Order.
- 13.6 If we do not accept your Order, we will inform you and,
if payment has already been taken, refund any sums due to you as soon as
reasonably possible.
- 13.7 We will provide the Digital Content and/or Services in
accordance with the description given on the Website and in the order
confirmation.
- 13.8 For standard individual purchases, access to Digital
Content will usually be made available promptly after acceptance of your Order
and successful payment.
- 13.9 For some business, team or enterprise purchases, access
may be subject to manual setup, verification, onboarding or allocation of
individual learner access, and in those cases access will be provided within
the timeframe stated at checkout, in the order confirmation or otherwise
communicated to you.
- 13.10 Where included in the relevant Plan or agreed
separately, Services may also include optional live sessions, cohort elements,
enterprise onboarding, additional support features or community access.
- 13.11 We may refuse or cancel an Order where reasonably
necessary, including where:
- 13.11.1 we are unable to process payment;
- 13.11.2 the Digital Content or Services are no longer
available;
- 13.11.3 there is an obvious pricing or description error; or
- 13.11.4 we reasonably suspect fraud, misuse or unlawful
activity.
- 13.12 Any access details, login details or instructions
needed to access purchased Digital Content or Services will be provided to you
following acceptance of your Order.
- 14.1 This clause 14 applies only if you are a Consumer.
- 14.2 Subject to the exceptions below, where you purchase
Digital Content or Services online as a Consumer, you may have a legal right to
cancel within 14 days after the date the contract is formed.
- 14.3 If your purchase is for Services and you ask us to
begin supplying the Services during the 14-day cancellation period, you must
make an express request for that to happen. If you later cancel during the
cancellation period, you must pay us for the Services supplied up to the time
you tell us that you want to cancel.
- 14.4 If your purchase is for Digital Content not supplied on
a tangible medium and you ask us to make it available to you during the 14-day
cancellation period, you expressly agree that supply may begin immediately and
acknowledge that, once supply has begun, you will lose your legal right to
cancel.
- 14.5 Where a product includes both Digital Content and
Services, the cancellation position may differ for each part depending on what
has been supplied and when.
- 14.6 To exercise any right to cancel, you must inform us by
a clear statement sent to mpm@alchemists.co.uk before the cancellation period
expires.
- 14.7 If you validly cancel, we will make any refund due to
you using the same payment method you used for the original transaction unless
we agree otherwise.
- 14.8 Any refund due will be made within 14 days after the
day on which we are informed of your decision to cancel, subject to any lawful
deduction for Services already supplied in accordance with clause 14.3.
- 14.9 Nothing in this clause affects any rights you may have
where Digital Content or Services are faulty, not as described, not fit for
purpose, or not supplied with reasonable care and skill.
- 15.1 We do not offer a separate commercial refund policy
beyond your statutory rights unless we expressly state otherwise on the Website
or at checkout.
- 15.2 If in future any Plan is sold on a subscription basis,
cancellation will normally take effect at the end of the current billing period
unless we state otherwise at checkout or in the relevant Plan details.
- 15.3 Unless expressly stated otherwise, fees already paid
for a current access period are non-refundable once that period has started,
subject always to your statutory rights.
- 16.1 Your use of the Website is also governed by our Privacy
Policy, available at mpm.training/privacy, which explains how we collect,
use, store and share personal data.
- 16.2 We will process personal data in accordance with
applicable UK data protection law, including the UK GDPR and the Data
Protection Act 2018.
- 16.3 We may process your personal data for purposes
including:
- 16.3.1 providing and administering the Website, Digital
Content and Services;
- 16.3.2 creating and managing your Account;
- 16.3.3 processing payments and maintaining transaction
records;
- 16.3.4 communicating with you about your Orders, Account,
support queries or important service-related matters;
- 16.3.5 improving the Website, Digital Content and Services;
- 16.3.6 complying with legal and regulatory obligations; and
- 16.3.7 where permitted by law, sending you marketing
communications.
- 16.4 We may share personal data with trusted service
providers, payment processors, platform providers, professional advisers and
other recipients where reasonably necessary for the purposes set out in our
Privacy Policy.
- 16.5 Where we send electronic marketing communications, we
will do so in accordance with applicable law, including the Privacy and
Electronic Communications Regulations.
- 17.1 Nothing on this Website or in our Digital Content or
Services constitutes legal, financial, tax, investment, medical or other
regulated professional advice unless we expressly state otherwise.
- 17.2 Educational and informational content is provided for
general information and learning purposes only.
- 17.3 We do not guarantee that your use of the Website or our
Digital Content or Services will achieve any particular commercial,
professional, financial or other result.
- 17.4 While we take reasonable care to keep the Website
secure and functioning properly, we do not guarantee that the Website will
always be uninterrupted, error-free or free from bugs, viruses or other harmful
components.
- 17.5 You are responsible for ensuring that your own systems,
software and internet connection are suitable for accessing the Website and any
Digital Content or Services.
- 18.1 We may make changes to the Website, Digital Content or
Services:
- 18.1.1 to reflect changes in law or regulatory requirements;
- 18.1.2 to implement technical adjustments, improvements or
updates;
- 18.1.3 to reflect changes to our business, platform or
offering; or
- 18.1.4 to improve user experience.
- 18.2 We may update these Terms and Conditions from time to
time.
- 18.3 Any changes to these Terms and Conditions will apply to
future use of the Website and future Orders from the date they are published.
- 18.4 Where you have an ongoing subscription or continuing
paid Services and a change is material, we will take reasonable steps to bring
it to your attention.
- 19.1 We do not guarantee that the Website or any part of it
will always be available or uninterrupted.
- 19.2 Access to the Website may be suspended, restricted or
interrupted from time to time for maintenance, updates, security reasons,
technical issues or matters outside our reasonable control.
- 19.3 We will use reasonable care and skill in providing the
Website, Digital Content and Services, but availability may be affected by
matters outside our systems, including telecommunications failures, internet
outages, third-party platform failures and force majeure events.
- 20.1 Nothing in these Terms and Conditions excludes or
limits any liability that cannot lawfully be excluded or limited, including
liability for:
- 20.1.1 death or personal injury caused by negligence;
- 20.1.2 fraud or fraudulent misrepresentation; or
- 20.1.3 breach of your mandatory statutory rights.
- 20.2 If you are a Consumer, we are responsible for losses
you suffer that are a foreseeable result of our breach of these Terms and
Conditions or our failure to use reasonable care and skill, but we are not
responsible for any loss or damage that is not foreseeable.
- 20.3 If you are a Consumer, we supply the Website, Digital
Content and Services only for private use. We are not liable for any business
loss, including loss of profit, loss of business, business interruption or loss
of business opportunity.
- 20.4 If you are a Business Customer, to the fullest extent
permitted by law:
- 20.4.1 we exclude all implied warranties, representations,
conditions and other terms that may apply to the Website, Digital Content and
Services; and
-
20.4.2 we will not be liable for any indirect or
consequential loss, loss of profit, loss of revenue, loss of business, loss of
goodwill, loss of data or business interruption.
- 20.5 If you are a Business Customer, our total aggregate
liability arising out of or in connection with any contract with you shall not
exceed the total amount paid by you to us under that contract in the 12 months
preceding the event giving rise to the claim.
No failure or delay by either party in exercising any right
or remedy under these Terms and Conditions shall operate as a waiver of that or
any other right or remedy.
If any provision of these Terms and Conditions is found by
any court or competent authority to be unlawful, invalid or unenforceable, that
provision shall be deemed severed and the remainder of these Terms and
Conditions shall continue in full force and effect.
- 23.1 These Terms and Conditions, together with any Order
confirmation, applicable Plan details and any terms expressly incorporated by
reference, set out the entire agreement between you and us in relation to their
subject matter.
- 23.2 You acknowledge that you have not relied on any
statement, representation or promise that is not set out in these Terms and
Conditions, except where the law prevents this.
A person who is not a party to these Terms and Conditions
shall have no right to enforce any of their provisions.
- 25.1 If you need to contact us, you may do so by email at
mpm@alchemists.co.uk, by phone at [PHONE NUMBER], or by post at [ADDRESS].
- 25.2 If we need to contact you, we may do so using the email
address or other contact details associated with your Account or Order.
- 25.3 Notices sent by email will be deemed received on the
day of sending if sent on a business day before 5.00 pm, and otherwise on the
next business day.
- 25.4 Support may be available by email, phone and, where
offered, through community or platform support features.
- 25.5 Where you have opted in or we are otherwise permitted
by law to do so, we may send you marketing communications. You can unsubscribe
from marketing emails at any time by using the unsubscribe link or contacting
us.
- 26.1 These Terms and Conditions and any contract between you
and us shall be governed by and construed in accordance with the law of England
and Wales.
- 26.2 If you are a Consumer, you will also benefit from any
mandatory provisions of the law of the country in which you live.
- 26.3 If you are a Business Customer, the courts of England
and Wales shall have exclusive jurisdiction in relation to any dispute arising
out of or in connection with these Terms and Conditions or any contract between
you and us.
Company name: Alchemists Marketing Limited
Website: mpm.training
Contact email: mpm@alchemists.co.uk
Sales email: mpm@alchemists.co.uk
Postal address: [ADDRESS]
Phone number: [PHONE NUMBER]
Company number: [123456]
Country of incorporation: [COUNTRY]