OUR TERMS
These terms
What these terms cover. These are the terms and conditions on which we provide to you online skills training (Teaching Services) and feedback support services (Feedback Services). Where these terms refer to “our Services” this shall include both the Teaching Services and Feedback Services.
Why you should read them. Please read these terms carefully before you order our Services. These terms tell you who we are, how we will provide our Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Information about us and how to contact us
Who we are. We are Metaspeech Limited a company registered in England and Wales. Our company registration number is 08904863 and our registered office is at PO Box Block K104, 100 Clements Road, London, SE16 4DG. Our registered VAT number is 8904863.
How to contact us. You can contact us by telephoning our customer service team at +44 (0)7599 817803 or by writing to us at hello@metaspeech.com or PO Box Block K104, 100 Clements Road, London, SE16 4DG. Further details are on our website at www.metaspeech.com.
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 in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
How we will accept your order. 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.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of any of our Services or because we are unable to meet a delivery deadline you have specified.
Your reference number. We will assign a reference number to your order and tell you what it is when we accept your order. It will help us if you can tell us the reference number whenever you contact us about your order.
Where you are based outside the UK. Our Services are provided from the UK and these terms are subject to English law. These terms shall apply to you, wherever you live, so far as they are able and so far as it is lawful for them to apply in the country in which you live. If any part of these terms conflict with the laws in your country, the rest of the terms will still apply, although mandatory consumer protections available in the country in which you live may also apply.
Our rights to make changes
Minor changes to our Services. We may change our Services:
to provide any of them through an alternative source, including through our own website;
to reflect changes in relevant laws; and
to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
Updates to Teaching Services. We may update the digital content of our Teaching Services, provided that the digital content shall always match the description of it that we provided to you before you bought it.
Providing our Services
Our Services are provided in the English language. All our Services are provided exclusively in the English language.
Our use of external websites to provide our Services. Subject to clause 4, we use external websites to provide our Services to you, and you will be provided with free login access to each website as part of our Services.
Providing the Teaching Services. The Teaching Services are provided through https://teachable.com/. We will let you know how to access the Teaching Services once you have completed your order for our Services. By accessing the Teaching Services you will also be accepting the terms of use of the Teachable website. These are available to view before you login and access the Teaching Services.
Feedback Services. The Feedback Services are provided through https://pitcherific.com/. We will let you know how to use the Feedback Services once you have completed your order for our Services. By using the Feedback Services you will also be accepting the terms of use of the Pitcherific website. These are available to view before you login and access the Feedback Services.
Uploading content for the Feedback Services. To receive the Feedback Services, you must upload content to the designated website .
You must comply with website terms of use. Whenever you make use of a feature that allows you to upload content for the purpose of accessing the Feedback Services, you must comply with the content standards set out in the relevant website’s terms of use, including any acceptable use policy.
Compliance with website standards. You warrant that any uploaded content complies with all applicable standards, and you will be liable to us/ and or the website host and indemnify each of us for any breach of that warranty. This means you will be responsible for any loss or damage we or any relevant external website suffers as a result of your breach of warranty.
Any content you upload will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content. The rights you license to us are described in clause 5.6 below. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you as part of the Feedback Services or otherwise constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove content. We have the right to remove any content you upload in the use of our Services if, in our opinion, your post does not comply with the content standards set out in the website’s terms of use or acceptable use policy.
Rights you are giving us to use material you upload. When you upload or post content as part of our Services, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, prepare derivative works of, display, and perform that user-generated content in connection with the Feedback Services provided through the relevant website and across different media to expire when the user deletes the content from the relevant site.
We will keep your material confidential. We will keep confidential the content of all information you upload to any website for the purpose of us providing the Feedback Services, and we will not use any content of your uploads, including any business ideas, other than for the purpose of providing the Feedback Services.
You must keep your account details safe. You must treat all user identification codes, passwords or any other pieces of information used to access any of our Services as confidential. You must not disclose those details to anyone else. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@metaspeech.com.
When we will provide our Services. During the order process we will let you know when we will provide our Services to you. We will also tell you during the order process when and how you can end the contract.
Teaching Services. We will make the Teaching Services available for download by you as soon as we accept your order. The Teaching Services are then available for access by you at any time until the Teaching Services are generally withdrawn or terminated.
Feedback Services. We will begin the Feedback Services after upload of your content to the Pitcherific website. The Feedback Services are available for a period of 4 weeks from the date of your purchase of our Services.
We are not responsible for delays outside our control. If our supply of any of our Services is 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 of our Services you have paid for but not received.
If you do not enable us to provide our Services. If you do not activate your logins or access any of our Services, or are prevented from accessing any of our Services as a result of any breach of the terms of use of any external websites used by us to provide our Services, we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange reasonable provision of our Services to you, we may end the contract and clause (c) will apply.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply our Services to you, including video(s) of you practicing your presentation skills taught as part of the Teaching Services. If so, this will have been stated in the description of our Services on our website. We will contact you in writing 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 (c) 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 our 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.
Reasons we may suspend the supply of our Services to you. We may have to suspend the supply of any of our Services to:
deal with technical problems or make minor technical changes; or
update any of our Services to reflect changes in relevant laws and regulatory requirements.
Your rights if we suspend the supply of our Services. We will contact you in advance to tell you we will be suspending supply of any of our Services, unless the problem is urgent or an emergency. You may contact us to end the contract for any of our Services if we suspend them, or tell you we are going to suspend them, in each case for a period of more than 3 weeks and we will refund any sums you have paid in advance for any part of our Services product in respect of the period after you end the contract.
We may also suspend supply of our Services if you do not pay. If you do not pay us for our Services when you are supposed to (see clause 10.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of our Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of our Services. We will not suspend our Services where you dispute the unpaid invoice (see clause 10.5). We will not charge you for our Services during the period for which they are suspended. As well as suspending our Services we can also charge you interest on your overdue payments (see clause 10.5).
Your rights to end the contract
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:
If any of our Services are faulty or misdescribed you may have a legal right to end the contract (or to get any digital content repaired or replaced or a service re-performed or to get some or all of your money back), see clause 9;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
If you have just changed your mind about our Services, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.6.
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 of our Services which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to our Services or these terms which you do not agree to (see clause 4.2);
we have told you about an error in the price or description of any of our Services you have ordered and you do not wish to proceed;
there is a risk that supply of our Services may be significantly delayed because of events outside our control;
we have suspended supply of our 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 3 weeks; or
you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products and 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.
When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
digital products after you have started to download or stream these;
services, once these have been completed, even if the cancellation period is still running; and
sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
For digital content for download or streaming (for example, the Teaching Services), 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 any of the digital content. If we delivered the digital content directly to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
For other services (for example, the Feedback Services), you have 14 days after the day we email you to confirm we accept your order. However, once we have completed our Services you cannot change your mind, even if the period is still running. If you cancel after we have started providing our Services, you must pay us for our Services provided up until the time you tell us that you have changed your mind.
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 6.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for any of our Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Call customer services on +44 (0)7599 817803 or email us at hello@metaspeech.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
By post. Write to us at PO Box Block K104, 100 Clements Road, London, SE16 4DG, including your reference number and your name and address.
How we will refund you. We will refund you the price you paid for our Services by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind about our Services, we may deduct from any refund an amount for the supply of any of our Services for the period for which they were 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.
When your refund will be made. We will make any refunds due to you as soon as possible. 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.
Our rights to end the contract
We may end the contract if you break it. We may end the contract for our Services at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our Services, for example, your videos as required for us to perform the Feedback Services;
we are unable to re-arrange reasonable provision of our Services to you in circumstances where you do not, within a reasonable time, activate your logins or access any of our Services, or you are prevented from accessing any of our Services as a result of any breach of the terms of use of any websites used by us to provide our Services.
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 for any of our Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw any of our Services. We may write to you to let you know that we are going to stop providing any or all of our Services. We will let you know at least 1 month in advance of our stopping the supply of any of our Services and will refund any sums you have paid in advance for any of our Services which will not be provided.
If there is a problem with our Services
How to tell us about problems. If you have any questions or complaints about any of our Services, please contact us. You can telephone our customer service team at +44 (0)20 8638 0898 or write to us at hello@metaspeech.com or PO Box Block K104, 100 Clements Road, London, SE16 4DG.
Summary of your legal rights. We are under a legal duty to supply products and services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. 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, for example the Teaching Services, the Consumer Rights Act 2015 says:
a) 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.
See also clause 6.3.
If your product is services, for example the Feedback Services, the Consumer Rights Act 2015 says:
a) 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.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 6.3 (Exercising your right to change your mind (Consumer Contracts Regulations 2013)).
Price and payment
Where to find the price for our Services. The price of our Services will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of our Services advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of our Services you order.
We will pass on changes in the rate of VAT. As and when VAT becomes chargeable in relation to the provision of our Services, all prices on our website will be updated to show the VAT-inclusive amounts. If the rate of VAT (or our requirement to charge VAT) changes between your order date and the date we supply any of our Services, we will adjust the rate of VAT that you pay, unless you have already paid for our Services in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of our Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where our Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If our Services’ 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, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. We accept payment with American Express, Mastercard and Visa. You must pay for our Services in full before we start providing them.
What to do if you think an invoice is wrong. If you think an invoice 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.
Our responsibility for loss or damage suffered by you
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. 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 during the sales process.
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 our Services as summarised at clause 9.2. This also applies to any liability which it would be unlawful for us to exclude that liability in the jurisdiction where you live.
When we are liable for damage to your device or digital content. 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.
We are not liable for business losses. We only supply our Services for domestic and private use. If you use our 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 other than as a result of our breach of clause 5.7 (We will keep your material confidential).
We make no guarantee that the skills taught will be successful for you. Our Services give training and feedback on personal soft skills. We are not responsible for any future or consequential success or failure of any pitches or presentations you may make whether or not you use the skills taught as part of our Services, and we make no guarantee that such skills will result in a successful outcome in your use of those skills.
How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our https://www.metaspeech.com/privacy-policy
Other important terms
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. If you are unhappy with the transfer 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 any of our Services not provided.
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. We may not agree if the purpose of such transfer is for business purposes or to enable the Teaching Services to be shared with other individuals without payment.
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.
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.
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 our Services, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms, their subject matter and their formation are governed by English law, although refer also to clause 3.4 (Where you are based outside the UK). You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Ombudsman Service Limited (Ombudsman Services: The Consumer Ombudsman) via their website at www.consumer-ombudsman.org). The Consumer Ombudsman will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Metaspeech LTD | Registered address: 64 Southwark Bridge Road, London SE1 0AS