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These terms and conditions apply between all Users of this Website and Marketing Pro Limited, the owner of this Website, Additionally, these terms and conditions apply to the use of and (where applicable) purchase of Services, including but not limited to MPG Academy’s Open Courses (“Open Course(s)”).
Please read these terms and conditions carefully as they affect your legal rights.
1.1. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the MPG Website or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.2. MPG reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
1.3. If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
2.2. In these terms and conditions, unless the context requires a different interpretation:
2.2.1. the singular includes the plural and vice versa
2.2.2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions;
2.2.3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
2.2.4. ‘including’ is understood to mean ‘including without limitation’;
2.2.5. reference to any statutory provision includes any modification or amendment of it;
2.2.6. the headings and sub-headings do not form part of these Terms and Conditions.
3.1. Content is available via MPG and this Website on a free of charge basis and in consideration for a specified payment
3.2. All Content included on the Website, unless uploaded by Users or Partners or as stated otherwise, is the property of MPG, our affiliates, licensees or other relevant third parties. By continuing to use the Website Users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
3.3. Subject to clause 4 MPG hereby grants to the User until MPG may choose to revoke such licence, to download, store, use, reproduce, transmit, display, copy, and provide access to Content at all times only for the User’s own information purposes and for the avoidance of doubt, not for any commercial or business purposes.
3.4. Notwithstanding any other rights or remedies available to it, MPG shall have the right to terminate any licence granted to any User or block a User from the Website in the event of any breach by such User of any of the terms and conditions of this licence.
3.5. Without prejudice to any rights granted herein, MPG reserves the right to amend, edit or abbreviate or take down any Content at our discretion.
3.6. Notwithstanding the above, were a User is paying for Pre-Paid Content, such Users acknowledge that their access to such Pre-Paid Content is conditional upon payment in accordance with the payment methods set out on the Website before access to such Pre-Paid Content is permitted, and no licence shall be granted until payment has been received in full for the relevant Pre-Paid Content. For the avoidance of doubt, all one off fees payable for Pre-Paid Content, shall be non-refundable.
4.1. Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.
4.2. With regard the uploading, or posting of User Generated Content, and use of the site more generally, Users may not use the Website for any of the following purposes:
4.2.1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
4.2.2. in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.
5.1. The Website and Services are provided “as is” and on an “as available” basis. MPG gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, MPG provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. MPG is under no obligation to update information on the Website.
5.2. Whilst MPG uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, MPG give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
5.3. MPG accepts no liability for any disruption or non-availability of the Website.
5.4. MPG reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
6.1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
6.2. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
6.3. To the maximum extent permitted by law, MPG accepts no liability for any of the following:
6.3.1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
6.3.2. loss or corruption of any data, database or software;
6.3.3. any special, indirect or consequential loss or damage.
7.1. Except as otherwise expressly agreed to by MPG in writing, information regarding MPG products and Services is subject to change without notice.
7.2. Information about MPG Products and Services made available on and/or through this Website shall not constitute a representation, warranty or other commitment by MPG with respect to any product or service unless otherwise expressly agreed to by MPG in writing.
7.3. Without limiting the generality of the foregoing, MPG hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness therefore.
8.1. Your registration is an offer to MPG to attend an Event which is subject to MPG’s acceptance in writing (which may include (without limitation) email). A binding contract between MPG and you will only be formed when written confirmation of acceptance (“Confirmation” or “Confirmed”) is sent by MPG to you (regardless of whether it is received or not) using the contact details you provided at the time of registration. You should contact MPG if you have not received Confirmation within 24 hours of your registration. MPG reserves the right to refuse or accept your registration and this refusal or acceptance is at the sole discretion of an authorised individual representing MPG.
8.2. Payment for the Event must be received in full and in cleared funds by MPG from you not later than 48 hours before the Event. If payment in full is not received before the Event, MPG may (at its sole discretion) either require payment as a condition of your entry to the Event or refuse you entry to the Event. No refunds of any proportion of fees already paid (if any) will be made and any balance of the fees will remain due and payable where entry to an Event is refused under this Condition 8.2.
8.3. All discounts can only be applied at the time of registration and discounts cannot be combined apart from when this is clearly stated on the website that it is possible to combine discounts. All discounts are subject to MPG’s approval. Discounts for group registrations need to be agreed on an ad hoc basis with an authorised representative of MPG. If the number of delegates that actually attend the Event is (for any reason) higher than the number specified at the point of registration (e.g. if it is apparent that a client has included more attendees on an online call than have paid registration fees), then registration fees for those who have not yet paid but have participated in an Event will need to be paid within 24 hours of the course ending via credit card using MPG’s online payment portal. MPG’s published prices will be applied. Failure to pay for additional participants will result in MPG not allowing any representatives from the same company to access the digital content package of course materials or participant in MPG’s online chat group, and MPG may refuse access for anyone from the organisation to any future Event or other Services delivered by MPG on the basis of this type of non-payment.
8.4. Prices for each Event are correct at the time of publication on MPG’s Website and in supplementary, officially produced MPG materials. MPG reserves the right to change the Event prices at any time, however changes will not apply to registrations MPG has already confirmed.
8.5. If you cancel your registration 21 days or more before the Event, MPG you will be obliged to pay a sum equivalent to 20% of your registration fee (plus VAT where applicable). MPG regrets that the full registration fee remains payable in the event that your cancellation is received 14 days or less before the Event or if you fail to attend the Event. All cancellations must be made in writing to [email protected] and received by MPG.
8.6. Substitutions with employees from your organisation are welcome but your request should be submitted in writing and received by MPG no later than 24 hours before the start of the Event. In all other respects delegate registrations are issued for your personal use only and cannot be shared with any person during the Event. You may not purchase registrations as agent for any third party or sell or otherwise transfer your registration to others or exploit the registration commercially or non-commercially in any way.
8.7. You may transfer your registration for the Event to an alternative Event run by MPG provided the transfer request is received in writing by MPG no later than 14 days before the originally booked Event and provided there are spaces available on the alternative course and booking of the alternative course is confirmed within 24 hours of the registrant requesting a transfer. Transfers will be charged at £100 + VAT per registrant. MPG will a charge of 100% of the original registration fee in the event that your transfer request is received less than 5 days before the Event, a suitable alternative course is not available and the registrant has refused any other offer MPG has put forward to deliver an alternative service . All transfer requests must be made in writing to [email protected] and received by MPG at least 5 days before the originally booked Event. Transfers are only possible within 6 months of the original booking. You may only transfer between courses once. MPG regrets that it cannot accept cancellations once you have transferred to an alternative course and any fees will remain payable in full.
8.8. MPG reserves the right to change the format, speakers, participants, content, digital platform and programme or any other aspect of the Event at any time and for any reason, whether or not due to a Force Majeure, in each case without liability.
8.9. MPG may (at its sole discretion) change the date of or cancel an Event at any time for any reason. Where MPG changes the date or cancels the Event for any reason except due to a Force Majeure Event (in which case the terms of Condition 11 shall apply) MPG shall offer you the option of attending any re-arranged Event that MPG organises. If you choose not to attend the re-arranged Event (and notify MPG of such in good time) or if MPG does not organise such an Event within 12 months of the original course date, then you will (as your sole remedy) be entitled, at your discretion, to receive either a credit note or a refund in respect of the registration fees received by MPG.
8.10. Where a Force Majeure Event has or may have (in MPG’s sole discretion) an adverse impact on: (i) the ability of MPG to hold the Event on a planned digital platform or on the planned date; or (ii) the Event generally, then MPG shall be entitled but not obliged (in its sole discretion) to either:
8.10.1. provide alternative digital platform for the Event; and/or
8.10.2. reschedule the Event. Any of your fees received by MPG shall be applied to any rearranged or rescheduled Event held pursuant to this Condition 8.10 and you shall not be entitled to object to such rearranged or rescheduled Event or have any right to claim any compensation in respect thereof. If MPG is unable or elects not to rearrange or reschedule the Event pursuant to this Condition 8.10, then you will (as its sole remedy) be entitled, in your sole discretion, to receive either a refund or credit note in respect of your fees received by MPG, in each case less an administration charge equivalent to 20% of the total amount of your fees (which MPG may (in its sole discretion) either deduct from any refund or credit note or invoice the you separately). For the purpose of this Condition 11 “Force Majeure Event” means any event arising that is beyond the reasonable control of MPG including (without limitation) to speaker or participant cancellation or withdrawal, supplier or contractor failure, venue damage or cancellation, health scares, industrial dispute, governmental regulations or action, military action, fire, flood, disaster, civil riot, acts of terrorism or war. These terms and conditions shall apply in respect of the rearranged or rescheduled Event organised by MPG pursuant to this Condition 8.10.
8.11. MPG may (at its sole discretion) refuse admission to, or eject from the Event, any person in its absolute discretion, including (without limitation) any person who fails to comply with these terms and conditions or who in the opinion of MPG represents a security risk, nuisance or annoyance to the running of the Event. You agree to comply with all reasonable instructions issued by MPG or the digital platform providers at the Event.
8.12. All unauthorised photography and the recording or transmitting of audio or visual material, data or information is expressly prohibited. You consent to filming and sound recording and photography of the Event as a delegate and you consent to the use by MPG of any such recording or photography anywhere in the world for marketing and other purposes.
8.13. MPG holds full copyright of all materials shared during the course, including recordings and all documentation shared. These are for the sole use of the Registrants and the organisation the Registrant represents. If you should, in any form, share MPG’s Event materials with one or more third parties (for a fee or for no fee), then the organisation the registrant represents organisation will be liable to pay MPG an equivalent sum based on the revenue derived from using MPG’s materials by third parties who are not entitled to be in possession of these materials.
8.14. MPG may require Online Event Attendees to access training via a third-party website channels such as RingCentral, Livestorm or Zoom (“Channel”). Attendees acknowledge and confirm that such access may require Attendees to be subject to any terms and conditions required by the owner of such third party Channel (“Channel Owner”) including any registration requirements, and their privacy policies.
8.15. MPG accepts accepts no liability for any error, fault, or interruption in the service of any Channel or Channel Owner
8.16. For the avoidance of doubt, no liability is accepted on the part of MPG for any statements or opinions expressed (whether by Attendees, or speakers, or otherwise) at Events.
8.17. To the fullest extent permitted by the applicable law, MPG excludes:
8.17.1. all liability for loss, injury or damage to persons or property at the Event;
8.17.2. all indemnities, warranties, terms and conditions (whether express or implied); and
8.17.3. any actual or alleged indirect loss or consequential loss howsoever arising suffered by you or any loss of profits, anticipated profits, savings, loss of business revenue, loss of business, loss of opportunity, loss of goodwill, or any other type of economic loss (whether direct or indirect). If MPG is liable to you for any reason, MPG’s total liability to you in relation to the Event (whether under these terms or conditions or otherwise) is limited to the amount of the registration fees that you paid to MPG.
9.1. In the case of any client postponement of pre-agreed In-House training session dates, 50% of total cost, or minimum £4,000/€5,000/$6,000 whatever is larger, will be recharged to the client to move to a new date. To be paid before the event date.
9.2. Date of the training needs to be agreed in writing within 2 weeks of the contract being signed. Failing that, MPG will not be liable to hosting the event and no refund will be issued. MPG will make ever endeavour to ensure it does not hold up any progress.
9.3. The Synopsis/Content of the training must be agreed, in writing, leaving at least 2 weeks before the training date. Failing that, MPG will not be liable to hosting the event and no refund will be issued. MPG will make ever endeavour to ensure it does not hold up any progress.
9.4. Cancellations and Refunds: Once the customer has confirmed purchase of Bespoke Training, via either, ecommerce, phone, email, or DocuSign, there will be a 48 hour cooling off period, where refunds are permitted. After which all tickets for events are non-refundable. They are though transferable, by name, to colleagues within the business, with written consent.
10.1. Prices for any of MPG services or products are subject to change without prior notice. MPG aim to regularly update all publicly available sources of price information via the Website to ensure that you have accurate information available to you when you order.
10.2. The description and price of any Service purchased hereunder will be confirmed in MPG’s despatch note and/or invoice or at point of payment if purchased online.
11.1. Unless specified herein or at point of purchase to the contrary, MPG invoices for any Service are due for payment 30 days from their date. MPG reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest on overdue amounts at the rate in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date
12.1. Dependence on MPG Services: The contents of any of MPG Services or the Website do not constitute advice and should not be relied on in taking, or refraining from taking, any decision or action. Under no circumstances shall MPG be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Website or Services. You agree to indemnify MPG against any actions, claims, proceedings, or liabilities arising from your use of the Website or Services.
12.3. Force Majeure: If by reason of labour dispute, strikes, inability to obtain labour or materials, fire or other action of the elements, accidents, pandemics, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such MPG is unable to perform in whole or in part its obligations set forth in these terms, then MPG shall be relieved of those obligations to the extent it is thereby unable to perform, and such inability to perform shall not make MPG liable to any other party.
12.4. Users may not transfer any of their rights under these terms and conditions to any other person. MPG may transfer their rights under these terms and conditions where MPG reasonably believes Users rights will not be affected.
12.5. These terms and conditions may be varied by MPG from time to time. Such revised terms will apply from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
12.6. (Unless expressly stated otherwise) these terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
12.7. No person other than you and MPG shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) or otherwise) to enforce these terms and conditions between us without the prior written agreement of you and MPG.
12.8. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
12.9. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
13.1. These terms and conditions will be governed by the laws of the England and Wales and disputes under or in connection with them shall be subject to the nonexclusive jurisdiction of the English courts
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