1. THESE TERMS
1.1 These are the terms and conditions on which we supply services or digital content to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are The Talent Collective Productions Limited a company registered in England and Wales. Our company registration number is 09716845 and our registered office is at 170a London Road, Hazel Grove, Stockport, Cheshire SK7 4DJ. Our registered VAT number is 252 6022 36.
2.2 You can contact us by emailing us at [email protected] or by writing to us at 170a London Road, Hazel Grove, Stockport, Cheshire SK7 4DJ.
2.3 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 order.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this.
4. OUR SERVICES
4.1 We provide the services as advertised on our site to you and as confirmed by us to you (the services).
4.2 The services, and any content viewed through the services, are solely for your personal and non-commercial use only. The services are provided to you as a limited, non-exclusive and non-transferable license to access the services and no right, title or interest in the services shall be transferred to you except as provided by this clause 4.2.
4.4 The images and videos on our site are for illustrative purposes only. Although we have made every effort to ensure their accuracy, the services may vary slightly from those images and videos.
5. PROVIDING THE SERVICES
5.1 We will provide the services on the date agreed with you during the order process.
5.2 We will make any digital content available for download by you on the date agreed with you during the order process.
5.3 If the services are 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 services you have paid for but not received.
5.4 If you do not allow us to provide the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you we may end the contract and clause 11.2 will apply.
5.5 We may need and request certain information from you so that we can supply the services to you. 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 (and clause 11.2 will apply) 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 services 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.
5.6 We may have to suspend and change the supply of services to:
(a) deal with technical problems or make minor technical changes;
(b) update the services or website;
(c) make changes to the services as requested by you or notified by us to you.
5.7 We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 4 weeks we will adjust the price so that you do not pay for the services while they are suspended. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 4 weeks and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
5.8 If you do not pay us when you are supposed to (see clause 13.3) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not charge you for the services during the period for which they are suspended.
6. CONDITIONS OF USE
6.1 You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (content) that you upload, post, publish or display (upload) or email or otherwise use via the services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this clause 6.1 including, without limitation, removing the offending content, suspending or terminating your account and reporting you to law enforcement agencies.
6.2 You agree not to upload any content that:
(a) infringes any third party intellectual property rights or other proprietary rights;
(b) you do not have any right to upload under any law, contractual or fiduciary relationship;
(c) contains software viruses or any other harmful content;
(d) poses or creates a privacy or security risk to any person;
(e) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or any other forms of solicitation;
(f) is, in our discretion, objectionable or which restricts any other person from using or enjoying the services.
6.3 You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes without our prior written consent.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Except as expressly authorised by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the services.
7.2 The technology and software underlying the services or distributed in connection with are our property or that of our affiliates or partners. You agree to not copy, modify, create a derivative work of, reserve engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software.
7.3 With regard to the content or other materials you upload through the services or share with other users, you represent and warrant that you own all right, title and interest in and to such content. By uploading any content you hereby grant us, our affiliated companies and partners a non-exclusive, worldwide, royalty free, fully paid up, transferable, perpetual and irrevocable licence to copy, display, upload, adapt, perform, publish, distribute, store, modify and other use your content.
8. THIRD PARTY WEBSITES
8.1 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the services (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive services we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive services by a user in contravention of our content standards, whether the services is moderated or not.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get services re-performed or to get some or all of your money back), please see clause 12;
9.2 If you want to end the contract because of something we have done or have told you we are going to do, please see clause 9.3;
9.3 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 (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the services or these terms which you do not agree to.
(b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
9.4 For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) digital products after you have started to download or stream these;
(b) services, once these have been completed, even if the cancellation period is still running; and
(c) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
9.6 How long do I have to change my mind?
(a) You have 14 days after the day we email you to confirm we accept your order. However, once we have provided the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) If you have bought digital content, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
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 contacting us.
10.2 If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.3 We will make any refunds due to you as soon as possible.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) 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;
(c) you do not, within a reasonable time, allow us to supply 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 8.1 we will refund any money you have paid in advance 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
12.1 If you have any questions or complaints, please contact us. You can write to us at [email protected] or 4 Clarendon Avenue, Heaton Moor, Stockport, Cheshire, SK4 4HX.
12.2 Please see the box below for a summary of your key legal rights. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
• if your digital content is faulty, you’re entitled to a repair or a replacement.
• if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
• if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
See also clause 6.5.
If your product is services, the Consumer Rights Act 2015 says:
• you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
• if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
• if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
13. PRICE AND PAYMENT
13.1 The price (which includes VAT) will be the price indicated on the order pages when you placed your order and payable in pounds sterling. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 13.2 for what happens if we discover an error in the price.
13.2 It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order 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.
13.3 We accept payment by any credit or debit card with a MasterCard, Visa or American Express logo or by PayPal account.
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.
14.2 You acknowledge and agree that all exercise involves a risk of personal injury and agree to take responsibility for your health and well-being whilst using the services. We accept no responsibility for any injury you suffer whilst using the services.
14.3 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 as summarised at clause 12.2 and for defective products under the Consumer Protection Act 1987.
14.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.5 We are not liable for business losses. If you use the services 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:
(a) to supply the services to you;
(b) to process your payment; and
(c) if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
15.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
16. OTHER IMPORTANT TERMS
16.1 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.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 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.
16.4 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.
16.5 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.
16.6 These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.