Terms updated on 3rd May, 2018
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course and/or Taught Course. Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records.
If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course, Taught Course or Event then the conflict shall be resolved by applying the following order of priority:
- Course or Event Specific Terms and Conditions;
- These Standard Terms for the Purchase of Online and Taught Courses;
- Website Disclaimer.
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
The Mark Newey Method Services will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the Mark Newey Method Services.
By registering to use the Services you acknowledge that You have read, understood and agreed these Terms.
“Fees” means the fees paid by you to Newey Method.
“Access Fees” means the fees (excluding any taxes and duties) payable by You in accordance with Your Schedule of Services (which Mark Newey Method may change from time to time on notice to You).
“Website” means the Internet site at the domain markneweymethod.com or any other site operated by Mark Newey Method Ltd.
“Confidential Information” means information that is proprietary or confidential and is either clearly labelled as such or identified as such including (but not limited to) information relating to the Services, business affairs, personnel, finances, systems, processes, methods of operation, plans, products, developments, trade secrets, ‘know how’, clients or suppliers of the disclosing party or any member of its group.
“Course Materials” means the information provided by Mark Newey Method to accompany a course provided as part of the Services in hard copy or electronic form.
“Data” means any data inputted by You or with Your authority into the Website.
“Intellectual Property Right” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, Services marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
“Schedule of Services” means the specification of services provided, Access Fees and additional conditions agreed between the parties.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Taught Course” means a course taught by us in a classroom setting to which you attend in person.
“Subscriber” means the person who registers to use the Services, and, where the context permits, includes any entity on whose behalf that person registers to use the Services.
“You” means the Subscriber, and where the context permits, an Invited User or Member of the Membership levels provided. “Your” has a corresponding meaning.
2. THE SERVICES
- A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
- We reserve the right to vary or withdraw any of the Services described on the Website without notice.
- We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. USE OF SERVICES
- Upon successful registration with Mark Newey Method, You will be provided with an account, a user name and a password and other information as part of Mark Newey Method’s security procedures (collectively, the “Account”). You must treat all such information (“Account Information”) as confidential, and You must not disclose and/or make this or your password protected login details available to any third party, except as required by Law.
- Once Your Account has been created by Mark Newey Method, we will grant You the right to access and use the Services via the Website with the particular rights available to You according to Your subscription type. This right of access is exclusive, non-transferable, and limited by and subject to the terms of this Agreement.
- You will remain fully responsible for all activities that take place using Your Account details and You agree to notify Mark Newey Method immediately of any unauthorised use of Your Account and any other breach of security, and ensure that You exit from Your Account at the end of each session. Mark Newey Method accepts no responsibility for any loss or damage arising from Your failure to comply with these requirements.
- Mark Newey Method may, in its sole discretion, and acting reasonably, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
4. ORDERING SERVICES
Purchasing 1-2-1 or “Blended” approach Services via the Telephone, and Purchasing Services via the Website
- To purchase a Service over the telephone please call +44 (0)800 083 0143. You do not need to have registered for an account with us to purchase any of the Services over the telephone. You must, however, register for an account with us to access your course on-line.
- In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
- When you place an order for a Service via the Website, or telephone you are offering to purchase the Services on these terms and conditions. Mark Newey Method reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 4.5 below.
- Following receipt by us of your order for Services via the Website or on the telephone we will contact you by email confirming receipt of your order.
- A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 (FEES) below.
- Where your order consists of multiple Online Courses or multiple Taught Courses , each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
- The Fees for the Services shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them.
- Unless otherwise specified at the time you purchase the Services the Fees are inclusive of UK VAT or other local taxes, but exclusive of sales taxes applicable to Your country, state or province if outside of the UK, for the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Website or told to you over the telephone prior to your purchase the Services.
- Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course, unless otherwise stated that it is part of a membership level.
- Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Mark Newey Method shall not be responsible for these.
- You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or events, or your access onto any Online Course.
6. GENERAL RULES AND CONDUCT
- As a condition of these Terms, when accessing and using the Services, You must:
- not attempt to undermine the security or integrity of Mark Newey Method’s computing systems or networks;
- not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
- not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
- not transmit, or input into the Website, any files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law or regulation (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
- not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
7. ACCESS CONDITIONS
You must ensure that all usernames and passwords required to access the Services are kept secure and confidential. You must immediately notify Mark Newey Method of any unauthorised use of Your passwords or any other breach of security whereupon Mark Newey Method will reset Your password and You must take all other actions that Mark Newey Method reasonably deems necessary to maintain or enhance the security of Mark Newey Method’s computing systems and networks and Your access to the Services.
8. USAGE LIMITATIONS
Whilst Mark Newey Method endeavours to ensure that the Website and Services are available 24 hours a day, Mark Newey Method will not be liable if for any reason other than through the fault of Mark Newey Method the Website or Services are unavailable at any time or for any period. Access to the Website or Services maybe temporary suspended and without notice in the event of a system failure, maintenance or repair or for reasons beyond Mark Newey Method’s control.
9. PAYMENT OBLIGATION
- All invoices for the Access Fees will be issued in accordance with the terms set out in Your Schedule of Services.
- All Mark Newey Method invoices/receipts for online payments for Mark Newey Method products and services will be sent to You, or to a billing contact whose details are provided by You, by email. Any payments that have been agreed by You must pay or arrange payment of all amounts specified in any invoice by the due date for payment. You are responsible for payment of all taxes and duties in addition to the Access Fees. See more in “Ordering Services” section.
- In the event that You fail to make a payment by the due date then without limiting Mark Newey Method’s remedies under clauses 13.2 or 13.3, You shall pay interest on the overdue amount at a rate of 4% per annum above the Bank of England base rate from time to time. Such interest shall accrue on a daily basis from due date until actual payment of the overdue amount, whether before or after judgment. You will be liable to pay the interest together with overdue amount. Mark Newey Method reserves the right to suspend your Account without any further notice if the overdue amount is not settled within ten (10) working days of the due date or immediately without notice if the Access Fees are repeatedly overdue.
- Unless the relevant party has the prior written consent of the other or unless required to do so by law:
- Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
- Each party’s obligations under this clause will survive termination of these Terms.
- The provisions of this clause shall not apply to any information which:
- is or becomes public knowledge other than by a breach of this clause;
- is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
- is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
- is independently developed by that party without access to the Confidential Information.
12. INTELLECTUAL PROPERTY
- Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Mark Newey Method (or its licensors).
- Subject to clause 10.1, no part of the Website, Services or documentation relating to the Services may be reproduced or stored in any other website or included in any other electronic retrieval system or Services without Mark Newey Method’s prior written permission.
- Any rights not expressly granted in these terms are reserved.
- Ownership of Data Title to, and all Intellectual Property Rights in, the Data will remain Your property. However, Your access to the Data is contingent on full payment of the Mark Newey Method Access Fee when due. You grant Mark Newey Method a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You, and for no other purposes whatsoever.
- Backup of Data – You must maintain copies of all Data inputted into the Services. Mark Newey Method adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Mark Newey Method expressly excludes all liability however arising for any loss of Data except where such loss is a result of the negligence or breach of contract of Mark Newey Method.
13. WARRANTIES AND ACKNOWLEDGEMENTS
- Authority – You warrant that where You have registered to use the Services on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Services You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
- Acknowledgement -You acknowledge that:
- The provision of, access to, and use of, the Services is on an “as is” basis and at Your own risk.
- Whilst Mark Newey Method will use all reasonable endeavours to ensure that the Services is available at all times, Mark Newey Method does not warrant that the use of the Services will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Services, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Mark Newey Method is not in any way responsible for any such interference or prevention of Your access or use of the Services, except where such disruption of service is due to the fault of Mark Newey Method.
- No warranties – Mark Newey Method gives no warranty about the Services. Without limiting the foregoing, Mark Newey Method does not warrant that the Services will meet your requirements or that it will be suitable for any particular purpose.
- Consumer guarantees – You warrant and represent that You are acquiring the right to access and use the Services for personal purposes, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
- You will indemnify Mark Newey Method, Mark Newey Method’s group companies and the officers, directors, employees, shareholders or agents against: all claims, costs, damage and loss (whether under contract, tort (including negligence) or breach of statutory duty) arising from Your breach of any of these Terms or any obligation You may have to Mark Newey Method, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.
- If You suffer loss or damage as a result of Mark Newey Method’s negligence or failure to comply with these Terms, any claim by You against Mark Newey Method arising from Mark Newey Method’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the sum no greater than that of the product or course purchased.
- No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of advice relating to any of the following:
– investment advice
– medical advice
– clinical advice
– psychiatric advice
– business advice
- Although Mark Newey Method aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
- Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.
- No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
- We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Mark Newey Method, any support staff, teacher, coach or trainer who provides the Taught Courses, Coaching or customer services relating to any product or service provided by Mark Newey Method, or any student who attends any Taught Course;
- steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Taught Courses;
- intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
- are intoxicated through alcohol or illegal drugs while on our premises;
- commit any criminal offence committed on our premises or where the victim is our employee or student;
- Breach If Either Party:
- breach any of these Terms (including, without limitation, by non-payment of any Access Fees by the due date) and do not remedy the breach within fourteen (14) days after receiving notice of the breach if the breach from Mark Newey Method is capable of being remedied;
- breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 7 or any payment of Access Fees that are more than thirty (30) days overdue); or
- or Your business become insolvent or Your business goes into liquidation administration or has a receiver or manager appointed of any of its assets or if You make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
- The Other Party may take any or all of the following actions, at its sole discretion:
- terminate this Agreement and, in Your case, Your use of the Services and the Website;
- in Your case, suspend for any definite or indefinite period of time, Your use of the Services and the Website;
- take any of the actions in sub-clauses a), b) and c) of this clause 13.3 in respect of any or all other persons whom You have authorised to have access to Your information or Data.
- Accrued Rights – Termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement, otherwise than as a result of the default of Mark Newey Method, You will:
- remain liable for any accrued charges and amounts which become due for payment before or after termination; and
- immediately cease to use the Services and the Website and ensure any persons whom You have authorised to have access to Your information or Data or Invited Users also immediately cease use of the Services and the Website.
On termination, clauses above (liability), (intellectual property rights), (confidentiality) and (restrictions) shall continue notwithstanding such termination.
16. HELP DESK
Technical Problems In the case of technical problems we will provide you with the following support services:
Help desk support via our Contact form: to named subscribers. Mark Newey Method will endeavour to respond to emails within 24 hours of receipt.
While Mark Newey Method endeavours to ensure that the information on the Website is correct, Mark Newey Method does not warrant the accuracy and completeness of the material on the Website. Mark Newey Method may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Mark Newey Method makes no commitment to update such material.
- Waiver – If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
- Delays – Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
- No Assignment – You may not assign or transfer any rights to any other person without Mark Newey Method’s prior written consent, which shall not be unreasonably withheld or delayed.
- Rights of Third Parties – A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
19. ENTIRE AGREEMENT
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
20. FORCE MAJEURE
Mark Newey Method shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
21. DATA PROTECTION
- The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
- When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
- We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Mark Newey Method.
- To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
- We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
- Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
- Mark Newey Method endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
- If you wish to change or update the data we hold about you, please e-mail, please use your account profile options to change them or contact us via the website Contact form.
22. LAW AND JURISDICTION
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.
You can contact us by any of the following methods:
Email via our Contact form.
Post: Mark Newey Method, Winstanley House, 4 Market Hill, Saffron Walden, Essex CB10 1HQ – UNITED KINGDOM.
Telephone: +44 (0)800 083 0143