Cancellation and Refunds

1.1 Due to your purchase being an infoproduct in a business capacity and downloadable at the time of purchase, we do not offer refunds or cancellations. All purchases are binding.

Application of Terms and Conditions

2.1.   These terms and conditions (“Terms”) apply to Making Media Simple products (“Products”) operated by Emma Gray. By purchasing Products, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.

2.2.   If you are purchasing online, the order process will be as follows:

2.2.1. add the Product to the cart and proceed to the checkout and make payment as directed;

2.2.2. if you are paying by PayPal, you will be re-directed to the PayPal website for you to make payment and then once payment is made, you will be re-directed back to our site;

2.2.3. we will send you an email acknowledging your order and confirming whether we have accepted your order.

2.2.4. If at any stage you have made an error in your order, you may email us at hello@makingmediasimple.com to correct any errors.

2.3.   If you are purchasing online, you should print a copy of these Terms for your records as we will not be filing a copy and we may change these Terms from time to time.

2.4.   These Terms should be read in conjunction with our Website Terms of Use, Privacy Policy and Acceptable Use Policy (all of which can be found on our website www.makingmediasimple.com (“site”)).

2.5.   Any content posted or submitted by you to our site in the course of the Programme is subject at all times to the Acceptable Use Policy.

2.6.   Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.

Product

3.1.   The Product will be provided as a downloadable product as detailed on the site.

Goods

4.1.   Where we are providing goods or products (such as CDs, DVDs or binders) (“Products”) as part of the Programme or otherwise, the following terms and conditions of this paragraph 4 shall apply.

4.2.   Any photographs of the Products on our site are for illustration purposes only.

4.3.   The delivery charges for the Products are as set out on our site from time to time.

4.4.   Your order will be fulfilled by the estimated delivery date set out in our confirmation email or as described on our site, unless there is an event outside of our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will endeavour to contact you with a revised estimated delivery date.

4.5.   Delivery will be completed when we deliver the Products to the address you gave us when you placed the order and the Products will be your responsibility from the completion of delivery.

4.6.   If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Return delivery will be at your expense.

4.7.   You own the Products once we have received payment in full, including all applicable delivery charges.

Payment

5.1.   The total price payable for the Product is as set out in the summary of key terms above.

5.2.   Payment is to be made by any method that is detailed on our site from time to time.

5.3.   The total price payable as set out in the summary of key terms is exclusive of Value Added Tax (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.

5.8.   All payments are non-refundable.

Our Obligations

6.1.   We warrant to you that the Products purchased from us are of satisfactory quality and reasonably fit for the purpose for which they are supplied.

6.2.   Other than as set out in paragraph 6.1 above, all warranties and representations are excluded to the fullest extent permitted by law.

6.3.   We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.

6.4.   We acknowledge that in the course of the Programme we will have access to your confidential information and we agree not to (except in the proper course of our duties) use or disclose to any third party such confidential information. This restriction does not apply to:

(a)         any use or disclosure authorised by you or required by law; (b) any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or (c) any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.

6.5.   You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing the Programme to you.

 

Intellectual Property

7.1.   We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Programme and all content within the Programme and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Programme or the content of the Programme to you or to any other person.

7.2.   You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials contained in the Programme.

7.3.   We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Programme for the purposes for which the Programme were provided only.

7.4.   Except as set out in paragraph 7.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.

7.5.   You may not without our prior written consent make any audio or visual recordings of any part of our Programme.

7.6.   We may from time to time record the Programme being delivered during your attendance.  You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.

7.7.   You acknowledge that certain information contained in the Programme and Programme materials is already in the public domain.

7.8.   You are not permitted to sell or promote products or services to other participants in the Programme at or during any part of our Programme without our prior written permission.

7.9.   The provisions of this paragraph 7 shall survive termination of the Contract.

General

8.1. By purchasing Products you warrant that:

8.1.1.    You are legally capable of entering into binding contracts; and

8.1.2.    You are at least 18 years old; and

8.1.3.    That all information you provide us with is materially true and accurate at all times and not misleading in any way.

8.2. You accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our site.  You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

8.3. We may vary these Terms as we see fit from time to time and if we do, we shall notify you by email of the change of terms.

8.4. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.