Buyer Customer – Terms & Conditions

The Media Coach Limited 

1 General

 

1.1 The Media Coach Limited (MC) Products
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on https://themediacoach.academy/ (the “website”), through our applications (the ”Apps”) or via other delivery methods to you (the website and such content, products, online courses, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time to time at the sole discretion of ‘MC’).

Please read these terms and conditions, carefully before ordering any Products from the Website or third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms “themediacoach.academy”, “MC”, “The Media Coach” “us” or “we” refers to  The Media Coach Limited. We are registered in England and Wales company number 11249995– registered office 167-169 Great Portland Street, London W1W 5PF

The term “Device” refers to the device which is used to access the Products including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Products.

When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.

Our contact email address is enquiries@themediacoach.academy. All correspondence to ‘MC’ including any queries you may have regarding the use of the Products or these Terms should be sent to this contact email address.

1.2 Basis of License
(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by a director of ‘MC’.

1.3 Changes To Terms
‘MC’ reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to https://themediacoach.academy/. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email.

2. Online Courses

 

2.1 Registration and Access
To access and participate in the Course, you must register an account with us. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.

You are responsible for safeguarding your password and any activities that occur under your account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.

a) All Course content is provided for educational and informational purposes only. The Company makes no guarantees regarding outcomes or results from following the Course.

b). The Company reserves the right to update, amend, or change the Course content at any time without prior notice.

2.2 Payment and Refunds

(a) Payment Terms: Payment for Courses must be received in full before access is granted unless otherwise agreed upon in a separate written agreement. Payment can be made via website or on receipt of an invoice in certain cases.

(b) Refunds: Refunds are not typically provided except under certain conditions, such as:

    1. Cancellation within a statutory period where applicable, such as within 14 days of purchase under consumer protection laws.
    2. Course cancellation or significant alteration by us.
    3. Technical issues that prevent access for an extended period that are directly attributable to our platform.
    4. As explicitly described in promotional materials or agreements.

2.3 Individual Licenses:

Purchasing an online course grants you a non-transferable, non-exclusive license for personal, non-commercial use with lifetime access. Sharing of login details or course content is strictly prohibited.

License Misuse: If it is found that you have shared your individual license login details or course content with others, this will be considered a breach of our terms and conditions. Consequences of such a breach may include immediate termination of your access to the course without refund, legal action for infringement of intellectual property rights, and claims for damages resulting from the breach. You may also be held responsible for preventing unauthorised use once it is known to you.

2.4 Corporate Licenses:

Subject to the terms and conditions of this Agreement, The Media Coach (“Licensor”) hereby grants to the purchasing company (“Licensee”) a non-exclusive, non-transferable annual license to access and use the specified online course (“Course”). This license is valid for a period of one year from the date of purchase and must be renewed annually to maintain access to the Course and its associated services.

Scope and Usage: Corporate licenses are provided under an annual agreement, which allows a set number of employees access to the course materials. Each employee will receive individual login credentials, which must not be shared outside the agreed number of users.

Annual Renewal: Approximately 30 days before the expiration of the license, we will send a reminder to the registered email address with renewal options. You must respond to this communication or initiate contact with our support team to discuss continuation or modification of the license terms.

Renewal Payment: Renewal payment must be made prior to the expiration of the current license period to ensure uninterrupted service. Payment terms and acceptable payment methods will be specified in the renewal invoice.

Non-Payment Consequences: If payment is not received by the renewal date, access to the services may be suspended until payment is made. Repeated failure to renew payment terms might result in termination of the license agreement. We reserve the right to pursue collection of dues through legal means if necessary.

Termination of License: If the Licensee chooses not to renew the license or fails to pay the renewal fee by the due date, access to the Course will be automatically terminated. Upon termination, the Licensee must cease all use of the Course and confirm to Licensor that all copies of the Course content in their possession have been deleted or destroyed.

License Misuse: If it is found that you have shared your license login details or course content with others outside of the agreed license amount, this will be considered a breach of our terms and conditions. Consequences of such a breach may include immediate termination of your access to the course without refund, legal action for infringement of intellectual property rights, and claims for damages resulting from the breach. You may also be held responsible for preventing unauthorised use once it is known to you.

2.5 Handling Non-Compliance and Legal Actions

For both individual and corporate licenses, The Media Coach Limited reserves the right to monitor compliance with these terms and conditions. We may use technological measures to prevent unauthorized access and verify compliance. If a breach occurs, we will take appropriate steps, which could include:

Warning: Issuing a formal warning notifying the user of the non-compliance and demanding immediate cessation of the unauthorized use.

Suspension of Service: Temporarily suspending access to the course until the issue is resolved.

Legal Action: Initiating legal proceedings to enforce the terms, which may include seeking monetary damages and injunctive relief to prevent further unauthorised use.

Termination: Permanent termination of the license and barring of the individual or company from purchasing future services.

Proactive Communication

We encourage all users, both individuals and corporate clients, to communicate openly with us regarding their license usage and any issues or misunderstandings they may encounter. Our aim is to provide clear, concise, and fair licensing agreements that benefit all parties involved, ensuring a high-quality learning experience.


3. Coaching Services and Workshops

Registration is confirmed upon full payment. All sessions must be paid for in advance as per the specified deadlines.

Cancellation Policy: Participants may cancel up to 14 days before the start date for a full refund. Cancellations less than 14 days in advance will incur a specified cancellation fee.

4. Intellectual Property

All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. ‘MC’ will fully enforce its intellectual property rights of the law, including the seeking of criminal prosecution.

5. Availability of Products

Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at 
enquiries@themediacoach.academy  we will review your report and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.

 

5.1 Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply.

 

6. User Material

The Products may let you submit material to us: for example, you may be able post comments or images in certain functions or features of the Product. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products.

6.1 This section 6 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.

6.2 We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.

6.3 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section 7, and we may do this with or without giving you any prior notice.

6.4 We may link User Material or parts of User Material to other material, including material submitted by other users or created by ‘MC’ or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise ‘MC’. You acknowledge that we may indirectly commercially benefit from use of your User Material.

6.5 Each time you submit User Material to us, you represent and warrant to us as follows:

a)
You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.
b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
c) Your User Material does not advertise any product or service or solicit any business.
d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
e) You will not collect email addresses of users for the purpose of sending unsolicited email.
f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
g) You will not engage in any automated use of the system, such as using scripts to alter our content.
h) You will not, without authorisation, access, tamper with, or use non-public areas of the Products, ‘MC’ computer systems, or the technical delivery systems of ‘MC’ providers.
i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other ‘MC’ system or network or breach any security or authentication measures.

6.6 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.

6.7 User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant ‘MC’ an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorise sublicenses of the foregoing without any payment of money or any other form of consideration to you or
to any third party. ‘MC’ may include your User Material in ‘MC’ Distribution Content that is made available to others through the Products. Be aware that ‘MC’ has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify ‘MC’ and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.

6.8 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to ‘MC’ an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorise sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that ‘MC’ has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify ‘MC’ and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

7. Links To Website/Home Page

 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only.
We do not review or endorse any of those websites or services. We are not responsible in any way for:
(a) the availability of, 
(b) the privacy practices of, 
(c) the content, advertising, products, goods or other materials or resources on or available from, or 
(d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

7.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from ‘MC’. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to enquiries@themediacoach.academy

8. Products Disclaimer

The information contained in the Products is for general information purposes only. While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

9. Severability
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in
the provision, and the other provisions of this Agreement remain in full force and effect.

10. Entire Agreement

These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.

11. Force Majeure

Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, pandemics, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.

12. Rights of Third Parties

No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either The Media Coach Limited or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the
rights of The Media Coach Limited when acting as commercial agent of any Seller.

13. Law and Jurisdiction

This Agreement shall be governed by English law, applicable to agreements made and to be performed therein without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL
JURISDICTION AND VENUE IN THE COURTS LOCATED IN LONDON, ENGLAND AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Courses or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. Limitation on Liability.

The Media Coach Limited and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to the Online Courses, workshops, or coaching services for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Online Courses, workshops or coaching services (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for access to and use of the applicable Online Course, workshop or coaching services.

Questions.
If you have any questions regarding this Agreement, please contact us by email enquiries@themediacoach.academy

These Terms are effective and were last updated 15th April 2024