Terms and conditions

mitali media ltd TERMS AND CONDITIONS (Let’s Tell Your Story Publishing)

1. Definitions and Interpretation

 In these terms and conditions the following expression will have the following meanings:

• “Tuition” means Tuition as described in the Program
• “Tutor” means the person who provides Tuition for the Program
• “Service” means the Services provided during the Program
• “Products” means Digital and Physical Products provided “As Is” or as part of  the Program

“Intellectual Property Rights” means

(a) any and all rights in any patents, trade marks, service marks, registered designs, applications (and rights to apply for any of those rights) trade, business and company names, internet domain names and e-mail addresses, unregistered trade marks and service marks, copyrights, Program materials, database rights, know-how, rights in designs and inventions;

(b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);

(c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist; and

(d) the right to sue for past infringements of any of the foregoing rights;

2. General

2.1          These Terms and Conditions contain the entire agreement between us and supersede any prior agreement between us relating to their subject matter.

2.2          These Terms and Conditions are for the delivery of the Program to a business and you warrant that you are not a consumer.

2.2          These Terms and Conditions will apply from the date hereof and will continue to apply in relation to any additional Programs we agree to supply to you.

2.3          No amendment to these Terms and Conditions  will be effective unless evidenced in writing and signed by both of us.

2.4          Nothing contained within these Terms and Conditions will constitute the relationship of employer and employee between You and the Company nor will it constitute any partnership or other legal arrangement between us not contemplated by these Terms and Conditions.

3              Obligations of The Company

3.1          The Company will deliver the Program with reasonable skill and care.

3.2          You accept that the Company does not warrant you to complete any Program within a specific period of time and that time is not of the essence in the delivery of the Program.

3.5          The Company has the right, at its sole discretion, to change the content of any of the Program, and the dates upon which each part of the Program is provided.

4              Your Obligations

4.1         You acknowledge and agree that:

4.1.1      the person undertaking the Program will attend and participate in all parts of that Program no matter how it is provided and will complete all and any assignments that are required to be completed as part of the Program; and

4.2.2      the Company cannot guarantee that any participant will achieve any specific result as a result of taking the Program

4.3         If the Company requires any input from you whilst delivering the Program you will provide the same in a reasonable and timely manner.

4.4          Any delay in the provision of the Program resulting from your failure or delay in complying with any of the provisions of this Clause 4 will not be the responsibility or fault of the Company.

5              Fees and Payment

5.1          The Fee will be the fee advised to you before we accept you on a Program.

5.2          Once paid none of the Fees or any part of it is refundable.

6              Cancellation and Termination

6.1          Either party may give notice in writing to the other terminating the agreement between us with immediate effect if:

6.1.1      the other party commits any material breach of any of the terms of these Terms and Conditions and that breach (if capable of remedy) is not remedied within 5 Working Days after notice being given requiring it to be remedied;

6.1.2      the other party becomes bankrupt, insolvent or becomes the subject of a receiving or winding-up order, makes any composition with its creditors or has an administrative receiver appointed over all or part of its undertaking or assets, or either the Company ceases, or threatens to cease, to carry on business.

No refund will be given in these circumstances.

7              Intellectual Property Rights

7.1          The Company will retain ownership of any and all Intellectual Property Rights that may subsist in anything produced by the Company in the course of providing the Program.   Throughout the term of the agreement between us, the Company will be deemed automatically to grant a royalty-free, non-exclusive licence of any and all such rights to the Client to use the same in accordance with these Terms and Conditions.

7.2          The Company will assert all moral rights arising out of Chapter IV of the Copyright, Designs and Patents Act 1988.

 

8              Liability

8.1          If you have a complaint against the Tutor or against the Company you must inform the Company of that complaint in writing within 24 hours of the occurrence that gave rise to it.

8.2          Neither the Company any of its staff nor any Tutor will be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you or the individual receiving the Program arising directly or indirectly from or in any way connected with the Program or with any failure by the Company to introduce or supply a Tutor and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with:

8.2.1      failure of the Program to meet your requirements; and

8.2.2      any act or omission of a Tutor, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise.

PROVIDED THAT nothing in this clause 7 will exclude or restrict the liability of The Company or  the Tutor to you or any other person for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be so limited under any applicable law.

9              Disclaimer

9.1          You acknowledge and agree that neither the Company nor the Tutor is qualified to give legal, accountancy or any other professional advice and that any advice given is generic in nature and that you will at all times seek full independent professional advice before taking any action on any such advice tendered by the Company.

9.2          The Company does not and cannot guarantee that you will receive any specific results from the Program or any action you take as a result of having taken the Program and you acknowledge and accept that any results you achieve are dependent upon your having completed the Program successfully and correctly applying the techniques and advice it provides in a way which is suitable for the business you operate and that the Company has no control of your use of the advice it offers.

9.3          The Company offers no guarantee that, by applying the methods outlined in the Program, you will achieve any increase in traffic to your website.

 

10           Data Protection

10.1        Both you and the Company will comply with their respective obligations under the Data Protection Laws and The Company’ Data Protection Policy at all times.

10.2        The Company will procure that each of their Tutors will also comply with their respective obligations under Data Protection Laws and the Company’ Data Protection Policy at all times.

10.3        By entering into an agreement with us you consent on your own behalf and on behalf of the individual undertaking the Program to the use by the Company and the Tutor of all personal data you supply to the Company and required for the purpose of providing the Tuition.

10.4        For the purposes of these Terms and Conditions:

10.4.1     “Data Protection Laws” means the Data Protection Act 1998, as well as any applicable statutory or regulatory provisions and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data; and

10.4.2     “Data Protection Policy” means any obligations relating to data protection and/or personal data which can be obtained direct from the Company or from its website.

11            Relationship of the Parties

Nothing in these Terms and Conditions nor in the agreement between us will constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the parties other than the contractual relationship expressly provided for in these Terms and Conditions.

12           Course and Sub-Contracting

12.1        You may not assign, mortgage, charge or sub-licence or otherwise delegate any of your rights under these Terms and Conditions, or sub-contract or otherwise delegate any of your obligations without the written consent of the Company, such consent not to be unreasonably withheld.

12.2        The Company may perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors.  Any act or omission of such other member or sub-contractor will, for the purposes of these Terms and Conditions, be deemed to be an act or omission of the Company.

13           Miscellaneous

13.1        No modification of or variation to these Terms and Conditions will be effective unless in writing and signed by or on behalf of each of the parties hereto.

13.2        If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions hereof and the remainder of the provision in question will not be affected thereby.

13.3        Any waiver of any breach of or default under any of the terms of these Terms and Conditions  by  the Company will not be deemed a waiver of any subsequent breach or default and will in no way affect the other of these Terms and Conditions.

13.4        The Company will be entitled to transfer or assign the benefit and/or burden of the agreement between us.

13.5        The expiration or termination of the agreement between us, howsoever arising, will not operate to affect such of the provisions of these Terms and Conditions as are expressed to operate after termination.

13.6        Any notice to be given by one party to the other hereunder will either:

13.6.1    be communicated verbally initially and confirmed in writing immediately

13.6.2    be communicated directly in writing and sent (either by post or electronic means) to the address for each party notified by one party to the other from time to time

13.7        The agreement between us does not create any rights or benefits enforceable by any person not a party to it (within the meaning of the Contracts (Rights of Third Parties) Act 1999).

13.8        Neither party will have any liability under or be deemed to be in breach of these Terms and Conditions for any delays or failures in performance of the agreement between us which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances will promptly notify the other party in writing whether such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than 2 weeks, either party may terminate the agreement between us by notice in writing to the other party whereupon the agreement between us will forthwith terminate.

13.9        You confirm that the email address you supply to the Company will remain valid for communications during the currency of the agreement between us and agree to furnish the Company with an alternative address if that email address becomes invalid.

 

14           Governing Law and Jurisdiction

14.1        These Terms and Conditions and the agreement between us and any dispute or claim arising out of or in connection with it will be governed by and construed in accordance with English law.

14.2        The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of these Terms and Conditions and the agreement between us.

1. Introduction

1.1    We are committed to safeguarding the privacy of our website visitors and service users.

1.2    This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.

1.3    We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of [our website and services], we will ask you to consent to our use of cookies when you first visit our website.

1.4    Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can [specify whether you would like to receive direct marketing communications and limit the publication of your information]. You can access the privacy controls via [URL].

1.5    In this policy, “we”, “us” and “our” refer to our data controller.[ For more information about us, see Section 13.]

2. Credit

2.1    This document was created using a template from SEQ Legal (https://seqlegal.com).

3. How we use your personal data

3.1    In this Section 3 we have set out:

(a)    the general categories of personal data that we may process;

(b)    [in the case of personal data that we did not obtain directly from you, the source and specific categories of that data];

(c)    the purposes for which we may process personal data; and

(d)    the legal bases of the processing.

3.2    We may process data about your use of our website and services (“usage data“). The usage data may include [your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system, Google Analytics. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

3.3    We may process your account data (“account data“). The account data may include your name and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

3.4    We may process your information included in your personal profile on our website (“profile data“). The profile data may include your name, address, telephone number, email address, website, skypeID, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

3.5    We may process your personal data that are provided in the course of the use of our services (“service data“). The service data may include name, address, telephone number, email address, website, skypeID, profile pictures, employment details. The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.

3.6    We may process information that you post for publication on our website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent.

3.7    We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.

3.8    We may process information relating to our customer relationships, including customer contact information (“customer relationship data“).The customer relationship data may include your name,  your job title or role, your contact details, and information contained in communications between us and you. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.

3.9    We may process [information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data“). The transaction data may include [your contact details, your card details and the transaction details. The transaction data may be processed [for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business.

3.10  We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.

3.11  We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

3.12  We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure]. The legal basis for this processing is our legitimate interests, namely [the protection and assertion of our legal rights, your legal rights and the legal rights of others.

3.13  We may process any of your personal data identified in this policy where necessary for [the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely [the proper protection of our business against risks.

3.14  In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3.15  Please do not supply any other person’s personal data to us, unless we prompt you to do so.

4. Providing your personal data to others

4.1    We may disclose your personal data]to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4.2    Financial transactions relating to our website and services may be handled by our payment services providers, Paypal, Stripe and Paddle.com. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices on their websites in their privacy policy pages.

4.3    We may disclose your enquiry data to one or more of those selected third party suppliers of goods and services identified on our website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party’s use of your personal data.

4.4    In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5. International transfers of your personal data

5.1    In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

5.2    The hosting facilities for our website are situated in the UK. The European Commission has made an “adequacy decision” with respect to the data protection laws of each of this country.  Transfers to this country will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.

5.3    Support staff are situated in the UK, India, Egypt and the Philippines. The European Commission has made an “adequacy decision” with respect to [the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely [the use of standard data protection clauses adopted or approved by the European Commission.

5.4    You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

6. Retaining and deleting personal data

6.1    This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

6.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6.3    We will retain your personal data as follows:

(a)    personal contact information and login details will be retained for a minimum period of 3 months following the date of submission or creation, and for a maximum period of 6 months.

6.4    In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

(a)    the period of retention of personal data category will be determined based on the length of time it takes to process your enquiry or complete your book project.

6.5    Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7. Amendments

7.1    We may update this policy from time to time by publishing a new version on our website.

7.2    You should check this page occasionally to ensure you are happy with any changes to this policy.

7.3    We maynotify you of significant changes to this policy by email.

8. Your rights

8.1    In this Section 8, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

8.2    Your principal rights under data protection law are:

(a)    the right to access;

(b)    the right to rectification;

(c)    the right to erasure;

(d)    the right to restrict processing;

(e)    the right to object to processing;

(f)     the right to data portability;

(g)    the right to complain to a supervisory authority; and

(h)    the right to withdraw consent.

8.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

8.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

8.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: [for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

8.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

8.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

8.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

8.9    You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

8.10  To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

        and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

8.11  If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

8.12  To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13  You may exercise any of your rights in relation to your personal data [by written notice to us] OR [by [methods]][, in addition to the other methods specified in this Section 8].

9. About cookies

9.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

9.2    Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

9.3    Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

10. Cookies that we use

10.1  We use cookies for the following purposes:

(a)    authentication – we use cookies to identify you when you visit our website and as you navigate our website cookies.

(b)    status – we use cookies to help us to determine if you are logged into our website.

(c)    personalisation – we use cookies to store information about your preferences and to personalise the website for you.

(d)    security – we use cookies[as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally.

(e)    advertising – we use cookies [to help us to display advertisements that will be relevant to you.

(f)     analysis – we use cookies[to help us to analyse the use and performance of our website and services and

(g)    cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally.

11. Cookies used by our service providers

11.1  Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

11.2  We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.

11.3  We use Facebook to track website visits. Facebook’s privacy policy at: https://www.facebook.com/privacy/explanation 

12. Managing cookies

12.1  Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)   https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c)   http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)    https://support.apple.com/kb/PH21411 (Safari); and

(f)     https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

12.2  Blocking all cookies will have a negative impact upon the usability of many websites.

12.3  If you block cookies, you will not be able to use all the features on our website.

13. Our details

13.1  This website is owned and operated by Mitali Media Ltd

13.2  We are registered in England and Wales. Our registration number and registered office appears at the foot of every page.

13.3  Our principal place of business is at 46 Larkspur, Gateshead, NE9 6SA, UK.

13.4  You can contact us:

(a)    by post, to the postal address given above

(b)    using our website contact form

(c)    [by email, using the email address published on our website from time to time.

14. Data protection officer

14.1  Our data protection officer’s contact details are: Mitali Deypurkaystha at the company registered office.