JONATHON MARC MENDES LIMITED: TERMS AND CONDITIONS FOR THE SUPPLY AND USE OF DIGITAL CONTENT
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply digital content to you, and the terms on which you can use the digital content (referred to in these terms interchangeably as “our service”, “our services”, “the service” and “the services”).
1.2 Why you should read them. Please read these terms carefully before you register for our services. These terms tell you who we are, how we will provide digital content to you, how you may use the digital content, 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 Who we are. We are Jonathon Marc Mendes Limited a company registered in England and Wales. Our company number is 10769661 and our registered office is at 22 Connaught Avenue, Grimsby, N E Lincolnshire United Kingdom DN32 0BS.
2.2 How to contact us. You can contact us by writing to us at email@example.com or 22 Connaught Avenue, Grimsby, N E Lincolnshire United Kingdom DN32 0BS, United Kingdom.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you registered for our service.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Registration. You must register an account with us in order to access and use the services. In registering with us, you agree to:-
(a) provide us with information about yourself which is true, accurate and complete; and
(b) to update promptly such information if it ceases to be true, accurate and complete.
3.2 How you can make a request to purchase our services. In order to access and use our services you also need to complete the online form on our website, select the services you would like to purchase and make the required payment. No contract will come into existence between us unless we accept your purchase in accordance with clause 3.3 below.
3.3 How we will accept your offer. Our acceptance of your offer will take place when we email you our confirmation of your purchase, at which point a contract will come into existence between you and us.
3.4 If we cannot accept your offer. If we are unable to accept your offer, we will inform you by email and will not charge you for any services (and will refund any payment made by you under clause 3.2). This might be because we have identified an error in the price or because of technical issues.
4. Our rights to make changes
4.1 Minor changes to the services. We may change the services:
(a) to reflect changes in relevant laws and regulatory requirements; and/or
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the service.
4.2 More significant changes to the services. In addition, as we informed you in the description of the services on our website, we may make the following changes to the services in our absolute discretion:
(a) Removal of digital content;
(b) Reduction in availability of services; and
(c) Removal of one or more social media groups.
If we do so, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services for which you have paid but have not received.
4.3 Updates to the services. We may update the digital content contained in the services, provided that the digital content shall always match the description of it that we provided to you before you bought it.
5. Providing the services
5.1 What you need in order to use the services. To use the services you must have internet access and an appropriate device to access and use the services, and have made the required payment as described in clause 11. Not all content is available in all forms and on all devices.
5.2 When we will provide the services.
(a) If the service is a one-off purchase. We will grant you access to the service as soon as we accept your offer until as such time as stated on the online form.
(b) If the service is a subscription to receive a service. We will grant you access to use the service until the subscription expires (if applicable) or you end the contract as described in clause 6, or we end the contract by written notice to you as described in clause 9.
5.3 We are not responsible for delays or downtime outside our control. If our supply of the service is delayed or interrupted 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 for which you have paid but have not received.
5.4 We grant you a licence to access and use the service. We grant you a limited, non-exclusive, non-transferable, licence to access and use the service. No right, title or interest in any element of the service shall be transferred to you.
5.5 Reasons we may suspend the supply of a service to you. We may have to suspend the supply of a service to:
(a) deal with technical problems or make minor technical changes; and
(b) update the service to reflect changes in relevant laws and regulatory requirements.
5.6 Your rights if we suspend the supply of a service. We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. If we have to suspend the service for longer than 5 consecutive days in any calendar month we will adjust the price so that you do not pay for the service while it is suspended. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 10 consecutive days in any calendar month and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
5.7 We may also suspend supply of the service if you do not pay or if we suspect you have breached these terms. If you do not pay us for the service when you are supposed to (see clause 11.3) or if we suspect you are in breach of these terms we may suspend your supply of the service. If an amount is still owing after 7 days of us reminding you that payment is due, we may suspend supply of the service until you have paid us the outstanding amounts. We will contact you to tell you we are suspending our supply of the service to you. We will not charge you for the service during the period for which you are suspended. As well as suspending the service we can also charge you interest on your overdue payments (see clause 11.4).
6. Access and use
6.1 Your account. Only you should have access and control of your account; you are solely responsible for any and all activities that occur under your account and the confidentiality of your password. If you allow another person access to your account or share your account details we may terminate your contract. You must immediately notify us of any unauthorised use of your account.
6.2 What you can use the services for. You can only use the services for domestic and private use.
6.3 What you cannot use the services for. You must not use the services for:
(a) public performances;
(b) collecting personal data about other users;
(c) violating the intellectual property of others;
(d) posting anything that contains any malicious software (such as a virus, spy ware, or a worm);
(e) any purpose or activity which breaches, or is otherwise not in accordance with, our social media guidelines which are attached as an Appendix to these terms (our Guidelines).
If you use the services for any of the above reasons we are entitled to suspend your access to the services and/or terminate your contract.
6.5 Downloadable material. We may provide downloadable resources as part of our services. You will not reproduce, share, distribute, modify, display, perform, publish, licence, or offer for sale the downloadable resources, or use the downloadable resources other than for personal and non-commercial use.
6.6 Social networking. Some of our services may give you access to social media groups and online forums in which you may post comments, photos, messages or other material. You agree that you will not post or otherwise publish through the services any of the following:
(a) content which is offensive, unlawful, indecent, abusive, threatening, discriminatory or otherwise objectionable; and/or
(b) anything which is not in accordance with our Guidelines.
We may remove any comments, photos, messages or other material which, in our opinion, violates these terms and consequently we may suspend or terminate your contract.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back); please see clause 10;
(b) 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 7.2;
(c) If you have just changed your mind about the service, please see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions for the services you have used;
(d) If you are on a monthly subscription service. You may terminate at any time, and you will continue to have access to the service for 1 (one) calendar month after the day on which you contact us.
(e) In all other cases (if we are not at fault and there is no right to change your mind), please see clause 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at sub-clauses (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been supplied and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the service or these terms to which you do not agree (see clause 4.2);
(b) we have told you about an error in the price or description of the service you have subscribed to or purchased and you do not wish to proceed;
(c) there is a risk that supply of the service may be significantly delayed because of events outside our control;
(d) we have suspended supply of the service for technical reasons, or have notified you that we are going to suspend it for technical reasons, in each case for a period of more than 14 consecutive days; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail at clause 10.2.
7.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) digital products after you have started to download or stream these; or
(b) services which have been completed, even if the cancellation period is still running.
7.5 How long do I have to change my mind on the digital content which I have bought?
You have 14 days after the day we email you to confirm we accept your offer in accordance with clause 3.3, or, if earlier, until you start downloading or streaming digital content supplied under our services.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, subject to clause 7.4. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 (one) calendar month after the day on which you contact us. We will refund any advance payment you have made for services which will not be supplied to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the service until 3 March. We will only charge you for supplying the service up to 3 March and will refund any sums you have paid in advance for the supply of the service after 3 March.
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at firstname.lastname@example.org. Please provide your name, home address, details of your reference number and the services which you receive and, where available, your phone number and email address.
8.2 How we will refund you. We will pay any refund due to you by the method you used for payment. However, we may make deductions from the price, as described below.
8.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the services which you have received. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.4 When your refund will be made. We will make any refunds due to you within 14 days of the day the contract ends. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a service at any time by emailing you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; and/or
(b) you breach any of these terms.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services we have not supplied but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the service. We may write to you to let you know that we are going to stop providing the service. We will let you know at least 14 days in advance of our stopping the supply of the service and will refund any sums you have paid in advance for services which will not be provided.
10. If there is a problem with the service
10.1 How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can write to us at email@example.com or 22 Connaught Avenue, Grimsby, N E Lincolnshire United Kingdom DN32 0BS.
10.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with the contract and these terms. Please see the box below for a summary of your key legal rights in relation to the service. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights in relation to digital content. 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.
See also clause 7.3.
a) The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you’re entitled to a repair or a replacement.
c) 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.
d) 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.
11. Price and payment
11.1 Where to find the price for the service. The price of the service will be the price indicated on the online form before you ordered the service. Further details can be found on our website.
11.2 Additional charges. If payment is made in a currency other than the British Pound (£) or if a payment is made outside the UK, you may be charged additional fees, such as a foreign transaction fee or other fees relating to the processing of your payment. Local tax charges may vary depending on how and where payment is made.
11.3 When you must pay and how you must pay. You must pay by the methods set out on our website. You must pay for the service in order for you to be given access to and to be able to use the service. If payment for a subscription service is not received, by agreeing to these terms you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
11.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% (four percent) a year above the Bank of England base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.5 What to do if you think you have paid the wrong amount. If you think a payment is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11.6 Changes to the price of our services. We may change the price of our services from time to time; however, any price changes will apply to you no earlier than 30 days following notice to you. If you are unhappy with a change in our prices you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for services not supplied.
12. Our responsibility for loss or damage suffered by you
12.1 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 as a result of us breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us before entering into the contract. We are not responsible for any loss or damage you suffer as a result of any actions or omissions taken by you in using the demonstrations or examples shown in the services.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised in clause 10.2.
12.3 We are not liable for business losses. We only supply the services for domestic and private use. 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.
12.4 Third party websites or material. The use of the service may require the use of third party software subject to third party licences. Our service, third parties or other users may provide links or access to other websites, resources or products. We have no control over the content, quality or material of any third parties (including users). We are not responsible or liable, directly or indirectly, for any damage, claim or loss caused by or in connection with use of any content, products or services available by or through any third parties.
13. Intellectual property rights.
13.1 Who owns the intellectual property. All intellectual property rights in or arising out of or in connection with the services (other than intellectual property rights in any content provided by you or third parties) is owned by us, and we shall retain ownership of our intellectual property rights.
13.2 You must not use our intellectual property. By your using the services, we do not grant you any licence or rights to make use of our intellectual property for any purpose.
14. How we may use your personal information
14.1 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 for the services; and
(c) if you agreed to this during the registration process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law requires us to do so.
15. Other important terms
15.1 We do not guarantee your results. We do not guarantee that you will achieve the same or similar results as those examples and demonstrations shown in the materials comprising the services (whether video content, written content or otherwise).
15.2 We do not guarantee you access to Jonathon Marc Mendes. Our services may offer you the opportunity to have direct communications with Jonathon Marc Mendes, however we do not guarantee that you will have direct communication with Jonathon Marc Mendes.
15.3 We may promote live events. We may promote live events on our services. We are not responsible for and do not guarantee the events or the quality of any events we promote. If you are dissatisfied with the event, or if the event changes or is cancelled this is the responsibility of your ticket provider. We do not guarantee to inform you of any change or cancellation of any event or be held responsible for refunds or for any resulting costs you may incur for travel, accommodation, or any other related goods or service or other compensation.
15.4 We may promote a third parties product or service. We may receive compensation for recommending and promoting products or services from third parties in our services.
15.5 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for services not received.
15.6 You cannot transfer your rights to someone else. You cannot transfer your rights or your obligations under these terms to another person.
15.7 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.8 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.
15.9 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the service, we can still require you to make the payment at a later date.
15.10 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
APPENDIX: SOCIAL MEDIA GUIDELINES
We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines (and vice versa).
• Painters of all levels are welcome here. We have community members of all skill and experience levels, from students to furniture artists to professional paint stockists.
• Keep it respectful. Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that intention will be removed.
• No pitching to the group. We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook (or other social media provider) groups or communities. Be cautious of sending unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
• No gated content. Content posted in the groups cannot be used to harvest leads in any way. If you need a feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.
• Respect confidentiality. Content gathered in our Jonathon Marc Mendes Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
• Keep it on topic. We reserve the right to remove posts based on off-topic content or offensive content.
• Partnering with other members. Access to this group does not mean that Jonathon Marc Mendes and or Jonathon Marc Mendes Painted Love Academy endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume that everyone is trustworthy.
• Report posts that are breaking group policies. Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag us in the comments, or reach out to Jonathon directly via private message so we can review them.
• Breaking the rules. If you are deemed to be breaking the rules of the group, we reserve the right to remove you from the Facebook (or other social media) group in which the offending behaviour has occurred.