The Podcast Membership
Terms and Conditions
- These terms and conditions govern the membership of The Podcast Membership (“the Membership”) which is a membership service provided by Anna Parker-Naples Ltd ( “the Provider”, “We”, “Us”, “Our”) whose registered office is at c/o 8 New Road, Linslade, Leighton Buzzard, Bedfordshire, LU7 2LX to you, the person purchasing access to the Membership (“the Member” “You”).
- Provision of the Membership will be subject to these terms and conditions and you are deemed to have accepted them when you purchase access to the Membership unless we expressly agree in writing otherwise.
- These terms and conditions along with our Privacy Notice which can be viewed at www.thepodcastmembership.com/privacy-policy represent the entire agreement between us and apply to the exclusion of any other terms that you may try and impose or incorporate or which may be implied by trade, custom, practice or in any previous course of dealings. Any reference to terms and conditions and/or this Agreement shall be deemed to include the Privacy Notice. For the avoidance of doubt, these terms and conditions shall take priority over any other document in the event a conflict arises.
- The Agreement between us will commence when you purchase access to the Membership and it shall continue until such time as it is terminated in accordance with these terms and conditions.
2. Definition and Interpretation
- For the purposes of these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:
Confidential Information: has the meaning as set out within Clause 9 below;
Member: means: the person accessing the Membership and paying the Membership Fee;
Membership Fee: means the amount payable in advance by the Member which entitles them to access the Membership;
Membership Period: means the time period of 1 month which begins the day after the Membership Fee is paid and continues on a rolling monthly basis;
Membership Services: means any or all of the services provided as part of the Membership including, but not limited to hosting of the Membership Site, access to a private members group, provision of video trainings and workbook downloads.
Membership Site: means the private group located at www.thepodcastmembership.com
Personal Data: means any information which is capable of identifying another individual as further defined within the General Data Protection Regulation 2016/679 (“GDPR”).
3. Access to Membership Services
- You may apply to access the Membership by entering your details and completing our sign-up page. By applying to become a Member you are confirming that you have read and agree to be bound by these terms and conditions.
- The information that you provide when applying to access the Membership must be true and accurate and by applying you are confirming that you are over 18 years of age.
- You will become a Member once we accept your application and cleared payment of the Membership Fee has been received. The decision to accept you as a Member is at our absolute discretion.
- We reserve the right to amend, revise or change the Membership Services we provide, or cancel, amend, change or reschedule any part as we reasonably require without any notice to you. We shall not be liable for any changes, amendments or cancellations that are made to the Membership Services.
- We reserve the right to withdraw your access to the Membership Site and/or the Membership Services and to terminate this Agreement where your conduct is, in our reasonable opinion, offensive, distressing or capable of causing alarm to another Member accessing the Membership Services. Where this Agreement is terminated in these circumstances you will not be entitled to any refund of any Membership Fee already paid.
4. The Services
- The Membership Site can be accessed at www.thepodcastmembership.com. Access to the Membership Site and all of the Membership Services is via online means only and no alternative will be provided.
- We shall deliver the Membership Services with reasonable care and skill consistent with best practices and standards applicable within our marketplace.
- In delivering the Membership Services we may engage the services of our employees, contractors and other third-party providers as necessary.
- In the event an unforeseen or unexpected event arises as contained in clause 11.3 which prevents us from delivering the Membership Services then you shall be notified by email. We shall not be liable to you for any failure or delay in delivery of the Membership Services or your failure to access the Membership Site or any associated group. In the event an unforeseen or unexpected event arises which continues for a period in excess of 90 days then either of us will be entitled to terminate or cancel this Agreement in accordance with clause 8. This clause does not affect your right to cancel and receive a full refund in accordance with clause 8.3 (if applicable).
- As part of the Membership Services we may provide you with materials, information, data and other content (“Content”). By becoming a Member, you agree and accept that all such Content remains our confidential and proprietary intellectual property and belongs solely and exclusively to us and can only be used by you in connection with your membership of The Podcast Membership and should not be copied, disclosed, or used for any commercial reasons without our express consent.
- Where, as part of the Membership Services, we offer interactive or live sessions via video link or telephone (“Sessions”), the dates and times of these Sessions will be arranged by us and notified to you by email. It shall be your responsibility to attend the Sessions as arranged and no alternative or replacement dates or times shall be offered if you are unable to attend for whatever reason.
- The Membership is a group membership experience, and any information, support or guidance you receive will not be personal to you and should not be taken or relied upon as advice, guidance or information personal to you.
- It is your responsibility to ensure that you have in place the necessary requirements to allow you to access the Membership Site and use the Membership Services as provided. We shall not be liable to you in the event you are unable to access the Membership Site or any of the Membership Services.
- The Membership Site is provided on an ‘as-is’ and ‘as available’ basis. From time to time we may be required to undertake changes or amendments to our Membership Site or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to the Membership Site or our systems or processes which is caused due to routine or unexpected maintenance.
5. Your Obligations
- You acknowledge that the Membership is a group service and that by becoming a Member you are agreeing to conduct yourself in a reasonable and responsible manner at all times when accessing the Membership Site, any private groups, or during any group Sessions or calls and you agree not to act in a manner which may cause offence, distress or alarm to any other Member or any individual accessing the Membership.
- You accept that when you become part of the Membership that you may be required to review and make decisions concerning your career or business and that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your membership with and participation in the Membership.
- In the event you have any concerns as to any aspect of our delivery of the Membership you agree to notify us of such concerns by email to email@example.com as soon as possible. We agree that upon receipt of such notification by email we shall use our best efforts to work with you to resolve your concerns in accordance with our complaints policy.
- You agree to notify us by email in the event you become aware of any inappropriate behaviour or content being displayed on or in the Membership Site, within any of our associated groups, or within our associated social media channels.
- By becoming a Member, you agree to conduct yourself in a reasonable and responsible manner when accessing the Membership, the Membership Site, and any associated groups, and further you agree:
5.5.1. not to use the Membership Site or any other associated groups for any unlawful purpose;
5.5.2. not upload, post, transmit or otherwise make available any content that:
(a) infringes any Copyright, trademark, or other Intellectual Property rights belonging to the Provider or any other person or entity;
(b) is by its nature defamatory, libellous, obscene, demeaning or which causes offence to another individual whether intended or not;
(c) discloses personal and/or sensitive information about another person;
(d) is threatening or causes a Member to feel harassed or in fear;
(e) is classed as spam;
6. The Membership Site is a private area. To gain access to the Membership Site you will be required to set up an account and it shall be your responsibility to:
5.6..1 create your account; and
5.6.2. keep your password or any other access information private, safe and secure; and
5.6.3. to notify us should you become aware of, or suspect that a third party is aware of your password or access details.
7. When accessing the Membership Site, you agree not to take any action which seeks to disable or in any way interfere with any of our systems or processes or tests or seeks to test the vulnerability of any of our systems or processes.
8. You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of:
a) any of these Terms and Conditions;
b) your participation in any way in the Online Course.
6. Fees and Charges
- The Fee for access to the Membership is $97 per month & $970 per year (“The Membership Fee”).
- All payments to be made to us shall be made in US Dollars by Stripe (“Payment Method”).
- The Membership Fee is calculated inclusively of VAT and any other taxes which may apply.
- Time shall be of the essence in respect of the payment of the Membership Fee.
- Payment of the Membership Fee shall be made without deduction, set off or any form of withholding except as is required by law.
- Cleared payment of the Membership Fee must be received by us before you are entitled to access the Membership Services.
- At the end of your Membership Period, unless you have cancelled your membership in accordance with Clause 8.1 below, your membership will automatically renew for a further Membership Period and you authorise us to request payment of the relevant Membership Fee from your chosen payment method.
7. Refund Policy
- No refund policy shall apply to your membership purchase save for Clauses 7.2 and 8.3.
- In the event an unforeseen or unexpected event arises in accordance with clauses 4.4 and 11.3 then you may be entitled to a partial refund of your Membership Fee paid based on a pro-rata calculation of any Membership Services which are yet to be performed or delivered. The decision to offer a refund in such circumstances is at our sole discretion.
8. Cancellation and Termination
- You shall have the right to cancel your membership by providing us with a minimum of 14 working days’ notice prior to the end of your Membership Period by email to firstname.lastname@example.org
- Where we receive a request to cancel your membership within 14 days from the date on which the first payment of the Membership Fee is made, then you will be entitled to a full refund of the Membership Fee paid (or relevant instalment) as at the date of your notice of cancellation.
- Upon cancellation or termination pursuant to these Terms and Conditions all payments in respect of the Membership Fee shall become immediately due and payable unless such cancellation has been effected pursuant to either Clauses 7.2 or 8.2.
- For the safety, protection and benefit of other Members, we reserve the right to cancel your access to the Membership and any of the Membership Services at any time. In the event such a situation arises we do not need to provide a reason for the cancellation and any refund will be considered at our absolute discretion.
- We reserve our rights to terminate your access to the Membership Services, with immediate effect, if you:
(a) commit a material breach of your obligations under this Agreement; or
(b) fail to provide payment of any amount due in respect of the Membership Fee as and when it becomes due; or
(c) have a bankruptcy petition presented against you or you become subject to a bankruptcy order; or
(d) enter into a voluntary arrangement pursuant to the Insolvency Act 1986; or
(e) any of the circumstances arise as set out in clause 8.7.
6. We shall be entitled to limit the Membership Services or suspend, and/or terminate the arrangement without refund of any Membership Fee, whether paid or remaining due and payable, if we reasonably determine that you:
a) are becoming disengaged, disruptive or if you impair the provision of the Membership Services or the enjoyment of the Membership Services by any other Member. For the purposes of this Agreement the terms disengaged and disruptive shall be given their ordinary dictionary meaning and examples of such behaviour shall include, but not be limited to, displaying a lack of interest in the Membership Services, failing to respond positively to requests for further information or other contact, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to cause offence; and/or
b) are failing to follow or abide by any of these Terms and Conditions or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.
7. Upon termination of this arrangement for any reason:
8.7.1. all clauses which either expressly or by their nature relate to the period after the delivery of the Membership Services or expiry or termination of the same shall remain in full force and effect; and
8.7.2. You shall (except to the extent referred to in clause 9.3) cease to use, either directly or indirectly any Confidential Information, and shall immediately return to us any documents in your possession or control which contain a record of any Confidential information.
9. Confidentiality, Intellectual Property and Data Protection
- In order to benefit fully from your Membership, you accept that you may be encouraged to disclose Personal Data and / or Confidential Information. We understand and respect the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for our own purposes, your ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (collectively, “Confidential information”) that you may disclose to us or that may be disclosed as part of your Membership and your access to the Membership Services to which these Terms and Conditions relate.
- Confidential Information for the purposes of this Agreement excludes any information that:
a) was already known to us prior to being provided with that information by you;
b) is already accessible in the public domain;
c) is provided to us by a third party separately from this Agreement and without any breach of the terms of this Agreement; or
d) is produced, developed or collated by us independently of you and without any breach of the terms of this Agreement.
3. We shall grant to you a personal, limited, non-transferable, revocable licence to access and use any materials and resources provided as part of the Membership Services solely for your personal use and for the purposes intended by these terms and conditions.
4. Where processing of Personal Data takes place, you shall be the ‘data controller’ and we shall be the ‘data processor’ as defined in the General Data Protection Act (‘GDPR’) as may be amended from time to time.
9.5 When dealing with your Personal Data we agree:
(a) To only process your data to the extent reasonably required to enable proper delivery of the Membership Services; and
(b) To only retain your Personal Data for as long as is necessary to allow completion and delivery of the Membership Services; and
(c) Not to disclose your personal Data to any third party other than to our employees, agents or advisors and shall ensure that any such persons agree to process the data in compliance with the relevant data protection legislation, namely the GDPR.
6. We confirm that we have put in place reasonable technical and organisational processes and measures to ensure the safety and security of any Personal Data processed by us on your behalf.
7. This clause will not apply in the event we are subject to a relevant court or other form of legal or statutory order requiring disclosure by us.
8. By purchasing access to the Membership you hereby agree and undertake that from the date of purchase;
a) not to infringe any of our, or any other Member’s copyrights, patents, trademarks, trade secrets or other intellectual property rights;
b) that any Personal Data or Confidential Information disclosed by us or any other Member is confidential and proprietary, and belongs solely and exclusively to the person disclosing it;
c) not to disclose such Personal Data or Confidential Information to any other person or use it in any manner other than in discussions as part of your participation in the Membership and your use of the Membership Services;
d) that all materials, information and any data provided by us is our confidential and proprietary intellectual property and belongs solely and exclusively to us, and may only be used by you as expressly authorised by us; and
e) the reproduction, distribution, and/or sale of any information or materials provided during provision of the Membership Services or at any time thereafter by anyone but us is strictly prohibited. You agree that in the event of any breach of your obligations contained in this Agreement then damages, loss, or irreparable harm may arise and that in such circumstances we shall be entitled to seek relief, including injunctive relief against you.
9.9 We shall be permitted to disclose Personal Data or Confidential Information to any director, officer, employee, agent, sub-contractor or adviser only to the extent necessary for the performance of the Services.
9.10 All documentation and information disclosed to us in connection with your purchase of the Membership will be retained in accordance with relevant retention guidance for a period of no less than 6 years.
9.11 The provisions of this Clause 9 shall continue in force in accordance with their terms notwithstanding the termination of the arrangement for any reason.
- Your purchase of the Membership and your compliance with these Terms and Conditions does not constitute or imply any business relationship other than as set out within this Agreement.
- We have made every effort to accurately represent the Membership Services provided as part of the Membership. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. As with any endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to the Membership Services provided.
- We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
10.3.1. any indirect, consequential or special damages, losses or costs;
10.3.2. any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
10.3.3. any failure to deliver the Membership Services where we are prevented due to a reason behind our reasonable control; or
10.3.4. any losses arising from your choices of Membership Service requested or your use of the Membership Services once delivered.
4. In the event damages are incurred by you as a result of our default or breach of this Agreement, our entire liability under this Agreement is limited to the amount of the Membership Fee paid by you as at the time the loss is sustained. You agree and acknowledge that this clause 10.4 is fair and reasonable given the nature of this Agreement and the provision of the Membership Services.
5. Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
6. During the term of this Agreement and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or clients, or our or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.
7. In the event a dispute arises in connection with this Agreement and the provision of the Membership Services which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then either of us shall be at liberty to commence legal action.
8. We both agree that we have adequate Insurance cover to meet any liabilities that may arise in connection with this Agreement.
- The failure of either Party to actively enforce any provision of these Terms and Conditions shall not prevent that Party from subsequently seeking to enforce any term or obligation of this Agreement and any such failure shall not constitute a waiver, diminution or limitation of any right.
- In the event any provision of this Agreement is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
- Every effort will be made to deliver the Membership Services in accordance with this Agreement but we shall not be liable for any delay or failure in provision of the Services should we be prevented or delayed by reason of an Act of God, Strike, War, Riots, Lock Outs, Fire, Flood, Accident, Delays in Transit, any Act or Omission of a Telecommunications officer or Third Party Supplier of Services, or any other circumstances beyond our control. In such circumstances time of delivery of Services shall be extended until a reasonable time after the event preventing or interfering with the due execution, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.
- This Agreement shall be governed by the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.
- You agree that no other representations have been made by us to induce you into purchasing the Membership and no modification or variation to this Agreement shall be effective unless in writing and signed by us both.
- Save as provided for in clause 10.6 the Contracts (Rights of Third Parties) Act 1999 shall not apply.