Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.mediatrainingonline.com (Website) to you.  Please read these terms and conditions carefully before ordering any Products from our Website.

If you purchase a Product from us you will be asked to click on the button marked “I have read and accept the terms and conditions”.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Website. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

1.  Information About Us

1.1   We operate the website mediatrainingonline.com. We are Media Training Associates Limited (Company), a company registered in England and Wales under company number 4237956 and with our registered office at 110 Alperton Lane, Wembley, Middlesex HA0 1HD. 

2.  Your Status

By placing an order through our Website, you warrant that:

(a)      you are legally capable of entering into binding contracts, and

(b)      you are at least 18 years old.

3.  How the Contract is Formed Between You and Us

3.1  After placing an order, you will receive an e-mail from us that confirms your purchase and provides you with a user name and password which will allow you to access the Product you have purchased and instructions on how to use the Product (Purchase Confirmation).  The contract between us (Contract) will be formed when we send you the Purchase Confirmation.

3.2  The Contract will relate only to those Products whose purchase we have confirmed in the Purchase Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the purchase of such Products has been confirmed in a separate Purchase Confirmation.

4.  Your Account and Password

4.1  If you purchase a Product from us you will be allocated a password and user name. You will be required to enter your email address and password each time you wish to access your Product.  You are responsible for maintaining the confidentiality of the password. We ask you not to share your password with anyone.

4.2  You agree to :

(a)  immediately notify us of any unauthorised use of your password and any other breach of security, and

(b) ensure that you log out from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.

5.  Access to Material/Services

5.1 Personal Edition: Access to modules in the form of streamed material is available on purchase of this Product for a period of up to 12 months for a single user who will be entitled to review the modules on 5 occasions.

5.2 Multiple-user Edition: Access to modules in the form of streamed material is available on purchase of this Product for a period of up to 12 months for 5 users who will be entitled to review the modules on 20 occasions (in total).

6.  Telephone Services

6.1  Under the Media Doctor services personal telephone consultation is provided in 30 minute or one hour slots to customers internationally.

6.2  When you have booked a Media Doctor telephone consultation we will call you at the agreed time of the consultation.  We will therefore meet the cost of the call provided it is to a landline (i.e. not a mobile/cell phone number) except in the situations set out in clause 6.3 and 6.4 below.

6.3  For customers located in one of the following excluded territories we will not pay the cost of the call.  We will provide the customer with a dial-in number for them to call us at the time of the consultation:

  • British Ian Ocean Territory
  • Cook Islands
  • Cuba
  • Nauru
  • Norfolk Island
  • North Korea
  • Sao Tome and Principe
  • Solomon Islands
  • St Helena
  • Thuraya
  • Tristan de Cunya
  • Vanuatu

6.4  Customers may also elect to request a dial-in number for a Media Doctor consultation for privacy or other reasons; however we would not in this circumstance be able to reimburse the cost of the call.

6.5  You may cancel or change the time of a telephone consultation by contacting us at support@mediatrainingonline.com and we will endeavour to rebook the appointment.  If you cancel within 48 hours of the arranged time of the consultation no refund can be paid.  If you cancel prior to 48 hours before arranged time of the consultation, we will endeavour to rebook the consultation.

6.6 If you are not available for a telephone consultation at the time arranged and you have not given us prior notice of your unavailability, we cannot refund the cost of the telephone consultation.

7.   Third Party Links

7.1 We may provide links on our Website to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking that products you purchase from third party sellers accessed through our Website, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  This DISCLAIMER does not affect your statutory rights against the third party seller.  We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

8.   Price and Payment

8.1   The price of the Products and our delivery charges will be as quoted on our Website.

8.2   We reserve the right to modify our prices at any time, but changes will not affect orders in respect of which we have already sent you a Purchase Confirmation.

8.3   Payment for Products may be by credit or debit card or PayPal.  We may in exceptional circumstances accept other forms of payment on request from a customer. The amount paid by you for the Products is referred to as the Fee.

8.4 In the event we cannot supply your Product due to technical problems or otherwise we will notify you by email and refund the Fee in full.

9. Refunds and Cancellation

9.1  You may cancel a Contract at any time within seven working days, beginning on the day after you receive the Purchase Confirmation provided you have not accessed the Product.

9.2  To cancel a Contract, you must inform us in writing by sending an email to billing@mediatrainingonline.com. If we are satisfied you have not accessed the Product we will send you an email confirming the cancellation of your purchase (Cancellation Confirmation) and the Fee will be refunded in full.

9.3  We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9.4  We may cancel a Contract if we have reason to believe you have breached any of the security provisions of these terms and conditions and you shall not in these circumstances be entitled to a refund of any part of the Fee.

10.   Customer Satisfaction

10.1   We want you to be completely satisfied with the Products purchased from us.  Notwithstanding your rights set out in clause 9.1 above, if you are not satisfied with your purchase of the Complete Media Confidence or Complete Media Confidence Gold courses we will refund the Fee in full provided :

(a)  You have not viewed more than the first module of the Product purchased, and

(b)  You inform us of your dissatisfaction and desire to cancel within 30 days of receipt of the Purchase Order in writing by emailing to billing@mediatrainingonline.com.

11.  Proprietary Rights in Website Content; Limited Licence

11.1   All content on the Website and available through the Products, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Website Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission.

11.2 On receipt of a Purchase Confirmation, you are granted a limited license to access and use the Product purchased to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact. Any use of the Website Content or any Product other than as specifically authorised herein, without the prior written permission of Company, is strictly prohibited and will terminate the licence granted herein. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws and the applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these terms and conditions shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This licence is revocable at any time without notice, and with or without cause.

12.   Warranty

We warrant to you that any Product purchased from us through our Website will, on delivery to you of the Purchase Confirmation, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

13.  Our liability

13.1  Subject to clause 13.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the amount of the Fee.

13.2  Subject to clause 13.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:

(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.

However, this clause 13.2 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 13.2.

13.3  Nothing in this agreement excludes or limits our liability for:

(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
(d) defective products under the Consumer Protection Act 1987;
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

14.  Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our Website, 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 Website.  For contractual purposes, 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.

15. Notices

All notices given by you to us must be given to Media Training Associates Limited by email at support@mediatrainingonline.com or post to 110 Alperton Lane, Wembley, Middlesex HA0 1HD.  We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

16. Transfer of Rights and Obligations

16.1  The contract between you and us is binding on you and us and on our respective successors and assignees.

16.2  You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

16.3  We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

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 a Contract that is caused by events outside our reasonable control (Force Majeure Event).

17.2  A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.

17.3  Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18. Waiver

18.1  If we fail to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

18.2  A waiver by us of any default will not constitute a waiver of any subsequent default.

18.3  No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

19.  Severability

If any of these terms and Conditions or any provisions of a Contract 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.

20. Entire Agreement

20.1  These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

20.2  We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

20.3  Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

20.4  Nothing in this clause limits or excludes any liability for fraud.

21.  Our right to vary these terms and conditions

21.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

21.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Purchase Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

22. Law and Jurisdiction

Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.