Terms and Conditions
The terms and conditions set out below shall apply to any contract between us for the supply of products (which includes services) purchased from us. Please read all of them carefully. They contain exclusions and limitations of our liability under any such contract.
1. Preliminary
1.1. The headings in these terms and conditions are for ease of reference only and shall not be taken into account in the construction or interpretation of any provision to which they refer.
1.2. References to any statute or statutory provision include a reference to that statute or statutory provision as from time to time amended, extended or re-enacted.
1.3. Any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.
1.4. Words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and neuter and vice versa.
1.5. Unless otherwise specifically agreed in writing these terms and conditions shall apply to any order placed by you.
1.6. In these terms, references to liability are to include any liability whether actual, contingent, present or future.
2. Definitions
2.1 When the following words with capital letters are used in these terms, this is what they will mean:
– Agreement: the agreement between us in respect of our provision of products to you.
– Booking: your booking for our services.
– Confidential Information: all information (whether written, visual, oral, electronic or in any other form) which has the necessary quality of confidence and which is disclosed by us to you save insofar as the same was not in the public domain at the time of receipt by you or has not subsequently entered into the public domain other than by reason of the breach of any obligation of confidence owed by you to us.
– Event Outside Our Control: is defined in clause 14.
– Excluded Services: means services, products or investment opportunities provided direct to you by our mentors or consultants which do not form part of the arrangement between you and us.
– Products: shall mean the range of services, digital content and goods provided under our agreement.
– Terms: the terms and conditions set out in this document.
– Service(s): the service(s), mentorship(s) and/or service(s) that we are providing to you as set out in the booking.
– We/Our/Us: Noise PR & Talent Group LTD.
2.2 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are services, digital content or goods.
2.3 Why you should read them. Please read these terms carefully before you submit your booking to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2.4 Conflicts. If any of these terms conflict with any term of the booking, these terms will take priority.
3. Information About Us and How to Contact Us
– Who we are. We are Noise PR & Talent Group LTD (Company number: 14492515),
– How to contact us. You can contact us by emailing us at info@noise-pr.com.
– How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.
– “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
4. Our Contract with You
4.1 How we will accept your booking. Our acceptance of your booking will take place when we email you to accept it, at which point a contract will come into existence between you and us.
4.2 If we cannot accept your booking. If we are unable to accept your booking, we will inform you of this in writing and will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the service, or because there are no spaces left.
4.3 Your booking reference. We will assign a booking reference number to your booking and tell you what it is when we accept your booking. It will help us if you can tell us the booking reference whenever you contact us about your booking.
5. Your Rights to Make Changes
If you wish to make a change to your booking, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our Rights to Make Changes
6.1 Minor changes. We may make changes:
– 6.1.1 to reflect changes in relevant laws and regulatory requirements at any time without notice. You will not be entitled to a refund as a result unless you exercise your rights shown in clause 11.
6.2 More significant changes including changes to these terms. In addition, as we informed you on our website, we may make the following changes but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:
– 6.2.1 changes in how we accept payment from you; and
– 6.2.2 changes in relevant laws and regulatory requirements.
6.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. Providing Courses
7.1 When we will provide the course. We will supply the course to you on the date set out in the booking unless otherwise varied by us in accordance with clause 5.
7.2 If the contract is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your booking.
7.3 Filming and photography. Courses may be filmed and recorded without prior notice and unless you inform us before the course begins, you will be deemed that you have given us permission for any footage containing you to be used by us for commercial purposes.
7.4 We are not responsible for delays outside of our control. We will make every effort to provide the course on the date(s) set out in the booking. However, there may be delays due to an event outside our control. See clause 14 for our responsibilities when an event outside our control happens. If our supply of the services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any course you have paid for but not received.
7.5 What happens if you do not pay? If you do not pay us for a course when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may withdraw your enrolment on a course with immediate effect (except where you dispute an invoice). We will contact you to tell you this. We can also charge you interest on overdue payments.
7.6 What rights we retain. You acknowledge that all copyright, design right, trademarks and all other intellectual property rights in all course materials (including but not limited to any drafts, drawings, PowerPoints or illustrations we make in connection with such materials) are owned by us or our licensors.
7.7 What is not included?
– 7.7.1 You acknowledge that we do not (nor does any trainer, mentor, consultant, team member, agent or employee who is providing a course, mentoring or other training) provide financial, legal or accounting advice. We are not authorised by the FCA or other body to do so and as such this does not form part of the course or the contract between us.
– 7.7.2 You further acknowledge that the opinions and comments made by trainers, consultants and mentors (whether employed by us or not) are their own and do not represent or reflect our opinions or comments. You acknowledge that any opinions or comments are followed at your own risk. You agree not to hold us responsible for any such opinions or claims.
7.8 What will happen if you do not give required information to us? We may need certain information from you so that we can supply the service(s) to you. If so, this will have been stated on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8. Excluded Services
8.1 We use self-employed consultants to help deliver our services. You acknowledge that they may provide other services to you which are not part of the agreement. You acknowledge that we are not responsible for these services, that they
fall outside the scope of the agreement, and that you must pay for these directly.
8.2 You acknowledge that any advice given by consultants does not constitute advice from us and that we do not accept any liability in this regard.
9. Your Rights to End the Contract
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
– 9.1.1 If the course you have bought is misdescribed, you may have a legal right to end the contract (or to get the course re-performed or to get some or all of your money back), see clause 12.
– 9.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2.
– 9.1.3 If you have just changed your mind about the course, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below, the contract will end immediately and we will refund you in full for any course(s) which have not been provided and you may also be entitled to compensation. The reasons are:
– 9.2.1 we have told you about an upcoming change to the course or these terms which you do not agree to;
– 9.2.2 we have told you about an error in the price or description of the course you have ordered and you do not wish to proceed;
– 9.2.3 there is a risk that supply of the services may be significantly delayed because of events outside our control;
– 9.2.4 you have a legal right to end the contract because of something we have done wrong.
9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund.
9.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
– 9.4.1 digital products after you have started to download or stream these;
– 9.4.2 services, once these have been completed, even if the cancellation period is still running.
9.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
10. How to End the Contract with Us (Including if You Have Changed Your Mind)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
– 10.1.1 Email. Email us at info@noise-pr.com. Please provide your name, home address, details of the booking and, where available, your phone number and email address.
– 10.1.2 By post. Write to us at Noise PR & Talent Group LTD, 3rd Floor, 86-90 Paul Street, London, EC2A 4NE, UK, including details of what you bought, when you ordered or received it and your name and address.
10.2 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
10.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind.
11. Our Rights to End the Contract
11.1 We may end the contract if you break it. We may end the contract for a course at any time by writing to you if:
– 11.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
– 11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12. If There is a Problem with the Product
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at info@noise-pr.com.
12.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
12.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at info@noise-pr.com for a return label or to arrange collection.
13. Price and Payment
13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the booking pages when you placed your booking. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the product’s correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the product’s correct price at your booking date is higher than the price stated to you, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
13.4 When you must pay and how you must pay. We accept payment with all major credit and debit cards.
13.5 Our right of set-off. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13.6 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Lloyds Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
13.7 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.
14. Our Responsibility for Loss or Damage Suffered by You
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if
, at the time the contract was made, both we and you knew it might happen.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 12.2.
14.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How We May Use Your Personal Information
15.1 How we will use your personal information. We will use the personal information you provide to us:
– 15.1.1 to supply the products to you;
– 15.1.2 to process your payment for the products; and
– 15.1.3 if you agreed to this during the booking process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
15.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
15.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
16. Confidentiality
16.1 Both parties may disclose to each other information which is confidential and which is not in the public domain. This may include matters such as business plans, concepts, products, research, services, financial information, pricing information, know-how and any other information which the parties deem to be confidential in nature and which is not already in the public domain. Both parties agree not to disclose any such information to any third party and to keep it confidential at all times. This does not apply to:
– 16.1.1 any information which has been in the public domain through no fault of the receiving party;
– 16.1.2 any information which was already lawfully in the receiving party’s possession prior to its disclosure by the disclosing party;
– 16.1.3 any information obtained from a third party who is free to disclose it; or
– 16.1.4 any information required to be disclosed by law.
17. Events Outside Our Control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our control. An event outside our control is defined below in clause 17.2.
17.2 An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
17.3 If an event outside our control takes place that affects the performance of our obligations under these terms:
– 17.3.1 we will contact you as soon as reasonably possible to notify you; and
– 17.3.2 our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of products to you, we will arrange a new delivery date with you after the event outside our control is over.
17.4 You may cancel the contract if an event outside our control takes place and you no longer wish to continue with the course. Please see your cancellation rights under clause 9. We will only cancel the contract if the event outside our control continues for longer than 8 weeks in accordance with our cancellation rights in clause 11.
18. Other Important Terms
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 12.2 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 18.2 in respect of a guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Yes, there are several valid and useful points from the provided text that were not mentioned in the previous summary. Here are the additional points:
1. How to Tell Us About Problems (Clause 10.1):
– If you have any questions or complaints about the product, please contact us.
2. Summary of Your Legal Rights (Clause 10.2):
– Detailed information about key legal rights regarding goods, digital content, and services under the Consumer Rights Act 2015. This includes the right to a refund, repair, or replacement for faulty goods, digital content, and services.
3. Obligation to Return Rejected Products (Clause 10.3):
– If you wish to exercise your legal rights to reject products, you must either return them in person, post them back to us, or allow us to collect them. We will cover the costs of postage or collection.
4. Price and Payment (Clause 11):
– Clause 11.1: Prices are set out in our price list in force at the time we confirm your booking.
– Clause 11.2: Prices do not include VAT, which will be added at the current rate.
– Clause 11.3: A deposit is required to secure your place on a course, with full payment due prior to the course date.
– Clause 11.4: We may charge interest on overdue payments at 4% above the base lending rate of Barclays Bank Plc.
– Clause 11.5: If there is a pricing error, we will contact you to rectify it.
– Clause 11.6: We may cancel a booking before the course start date due to events outside our control or unavailability of key personnel/materials.
– Clause 11.12: Money Back Guarantee if your article does not make the agreed press piece.
– Clause 11.13: All paid webinars have a no refund policy.
5. Rescheduling a Booking (Clause 12):
– You must notify us in writing if you wish to reschedule your course enrolment. We may reschedule at our discretion and may charge additional costs.
6. Responsibility for Loss or Damage (Clause 13):
– Clause 13.2: We will make good any damage to your property caused by us while providing services.
– Clause 13.3: Our liability in all cases is limited to the contract price.
– Clause 13.4: We are not liable for business losses.
7. Events Outside Our Control (Clause 14):
– Clause 14.1: We are not liable for failures or delays caused by events outside our control.
– Clause 14.5: Any cancellation due to events outside our control discharges us and you from liability for further performance but does not affect rights or obligations accrued before termination.
8. Cancellation/Termination (Clause 15):
– Clause 15.1: Exercising the right of termination does not prejudice legal rights or remedies against the other party for breaches.
– Clause 15.2: Termination or expiry of the agreement does not affect provisions intended to continue in force afterward.
– Clause 15.3: Termination or expiry does not end the obligation of confidentiality imposed on you.
These points add additional clarity and details to the contract terms, especially regarding legal rights, payment terms, and procedures for addressing issues with the product or service.
Here are the additional useful points from the provided text, summarized in plain text:
1. How We May Use Your Personal Information (Clause 16):
– Clause 16.1: Personal information will be used to provide the course, process payment, and inform you about similar products (if you agreed to this during the booking process).
– Clause 16.2: Personal information may be passed to credit reference agencies if credit is extended.
– Clause 16.3: Personal information will only be given to third parties where required or allowed by law.
2. Notices (Clause 17):
– Clause 17.1: All notices and communications must be in writing and sent to the specified address. Notices are considered given when delivered by messenger during normal business hours or on the third business day following mailing by certified or registered mail.
3. Entire Agreement (Clause 18):
– Clause 18: The agreement constitutes the entire agreement between the parties and supersedes all prior commitments, representations, promises, understandings, and warranties relating to the subject matter, whether made orally or in writing, which become null and void from the date the agreement is signed.
4. Other Important Terms (Clause 19):
– Clause 19.1: You must keep confidential all confidential information disclosed or obtained under the agreement and not divulge it to any third party, except where it becomes public through no fault of your own.
– Clause 19.2: You may disclose confidential information if required by law, court, tribunal, or regulatory authority.
– Clause 19.3: Upon termination of the agreement, you must return any written data provided for the purposes of the agreement without retaining copies.
– Clause 19.4: The confidentiality obligations continue for five years from the date of the agreement.
– Clause 19.5: Each provision of the confidentiality clause is a separate limitation and remains in force despite termination of the contract.
– Clause 19.6: No action may be brought under the agreement more than two years after its termination or more than two years after the default becomes known.
– Clause 19.7: These terms can be amended or modified in writing signed by an authorized officer.
– Clause 19.8: The agreement does not constitute either party as the agent of the other.
– Clause 19.9: The agreement does not create a partnership or joint venture between the parties.
– Clause 19.10: Time is of the essence in the agreement regarding dates and periods mentioned.
– Clause 19.11: The agreement can be transferred to another organization with written notification, and it will not affect your rights or obligations.
– Clause 19.12: You need written consent to transfer your rights or obligations to another person.
– Clause 19.13: No other person has rights under the contract.
– Clause 19.14: If a court finds part of the contract illegal, the rest remains in force.
– Clause 19.15: Delays in enforcing the contract do not waive the right to enforce it later.
– Clause 19.16: These terms are governed by English law, and disputes can be brought in the English courts. Residents of Northern Ireland and Scotland may also bring proceedings in their respective regions.
– Clause 19.17: Both parties agree to use their best efforts to negotiate and settle disputes amicably. If negotiations fail, the dispute will be referred to mediation before going to court.
5. Data Protection and Privacy:
– Your privacy is important. Personal data collected, stored, and processed is handled as outlined in the Privacy Policy, which is part of these terms. By agreeing to these terms, you consent to the data practices specified in the Privacy Policy.
6. Intellectual Property Rights:
– All content on the website, including text, graphics, logos, and images, is the property of the company or its licensors and is protected by copyright and other intellectual property laws. Unauthorized use is prohibited. Users are granted a limited license to access and use the website and its content for personal, non-commercial purposes.
7. Dispute Resolution:
– Disputes arising from the terms and conditions will first be attempted to be resolved through negotiations. If unresolved, disputes will be submitted to binding arbitration, with the arbitrator’s decision being final and binding on both parties.
8. Warranties and Representations:
– The website and its content are provided “as is” without warranties of any kind, either express or implied. No warranty is given that the website will be uninterrupted or error-free. All warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed to the fullest extent permitted by law.
Thasan Kankaivernian
Noise PR & Talent Group LTD
167-169 Great Portland Street
Fifth Floor
London
England
W1W 5PF
Company Number 14492515
