Terms & Conditions

- Clause 8 – Your Rights to End the Contract
1. INTERPRETATION

The following definitions and rules of interpretation apply in these Conditions.

1.1 Definitions:
"Business Day" means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
"Commencement Date" has the meaning given in clause 2.2.
"Conditions" means these terms and conditions as amended from time to time in accordance with clause 11.5.
"Contract" means the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.
“Materials” means the resources that we make available to you on the Website once you have registered to use the Services.
“Module” means a course of, or a stand-alone unit of, Materials.
"Services" means the provision of the Materials by us to you via the Website.
“Website” means www.mcoxcapital.com.

1.2 Interpretation:
(a) A reference to legislation or a legislative provision:
(i) is a reference to it as amended, extended or re-enacted from time to time; and
(ii) shall include all subordinate legislation made from time to time under that legislation or legislative provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes email.

2. BASIS OF CONTRACT
2.1 The Contract between you and us comes into force when your account is registered for the Services.
2.2 Any samples, drawings, descriptive matter or advertising we issue, and any descriptions or illustrations contained in our advertising materials, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.3 These Conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.4 We may issue quotations, offers or discounts subject to the terms stated therein. In the absence of anything to the contrary, any quotation, offer or discount shall not constitute an offer, and is only valid for a period of 20 days from its date of issue.

3. SUPPLY OF SERVICES
3.1 We shall provide our Services with reasonable skill and care.
3.2 The Materials are provided to you “as are” without any warranty or guarantee as to their suitability to your specific needs or requirements, whether or not such needs or requirements have been communicated to us. We make no guarantee, representation, promise, or warranty of any kind about the results that you may or may not achieve from the Materials. You are solely responsible for reviewing the Materials and determining their suitability.
3.3 All other warranties, conditions and other terms implied by statute or law are, to the fullest extent permitted by law, excluded from the Contract.
3.4 We reserve the right to amend the Services at any point, including but not limited to where it is necessary to comply with any applicable law or regulatory requirement.

4. YOUR OBLIGATIONS
You are solely responsible for maintaining and securing your network connections and telecommunications links from your systems to the Website, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

5. CHARGES AND PAYMENT
5.1 The fees for the Services are set out on the Website and are due in full in advance in respect of each Module before you can access them.
5.2 We do not offer refunds but may, at our discretion and on your request, offer an exchange for other Materials. Please contact us to discuss an exchange.

6. INTELLECTUAL PROPERTY RIGHTS
6.1 We own all Intellectual Property Rights in or arising out of or in connection with the Services.
6.2 Where you are a company - we grant you, a fully paid-up, worldwide, non-exclusive, royalty-free, non-assignable, non-sublicensable, licence during the term of the Contract to copy and use the Materials for the purpose of receiving and using the Materials in your business.

7. DATA PROTECTION
7.1 Where we are a data controller, our privacy notice applies.
7.2 Where we are a data processor, the parties shall comply with their data protection obligations as set out in Schedule 1.

CLAUSE 8 IS FOR CONSUMERS ONLY – NOT APPLICABLE TO BUSINESS CUSTOMERS

8. YOUR RIGHTS TO END THE CONTRACT
8.1 Your legal right to change your mind. For most of our services bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.
8.2 The deadline for changing your mind. If you change your mind about a service you must let us know no later than 14 days after the day we confirm we have accepted your order. If the services are for regular delivery (for example, a subscription or several Modules), you can only change your mind after the first delivery.
8.3 When you can't change your mind. You can't change your mind about an order for:
(a) digital products, after you have started to download or stream these;
(b) services, once these have been completed; or
(c) services that are made to your specifications or are clearly personalised.
8.4 You have to pay for services you received before you change your mind. If you bought a service we don't refund you for the time you were receiving it before you told us you'd changed your mind.
8.5 When and how we refund you. If your product is a service, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.
8.6 How to let us know. To let us know you want to change your mind, contact us at 24/25 The shard, 32 London Bridge Street, London, SE1 9SG and info@mcoxcapital.com.

9. LIMITATION OF LIABILITY
9.1 References to liability in this clause 9 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
9.2 Nothing in this clause 9 shall limit the Customer's payment obligations under the Contract.
9.3 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
9.4 Subject to clause 9.3 (Liabilities which cannot legally be limited), our total liability to you shall not exceed the total fees you have paid to us.
9.5 Subject clause 9.3 (Liabilities which cannot legally be limited), this clause 9.5 sets out the types of loss that are wholly excluded:
(a) loss of profits.
(b) loss of sales or business.
(c) loss of agreements or contracts.
(d) loss of anticipated savings.
(e) loss of use or corruption of software, data or information.
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
9.6 This clause 9 shall survive termination of the Contract.

10. TERMINATION
10.1 Without affecting any other right or remedy, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of the Contract;
(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
10.2 Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
10.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

11. GENERAL
11.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
11.2 Assignment and other dealings.
(a) We may at any time assign the Contract.
(b) You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without our prior written consent.
11.3 Confidentiality.
(a) Each party undertakes that it shall not at any time during the Contract, and for a period of two years after termination or expiry of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause (b).
(b) Each party may disclose the other party's confidential information:
(i) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 11.3; and
(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
(c) Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.
11.4 Entire agreement.
(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
11.5 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
11.6 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
11.7 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement. If any provision or part-provision of this Contract deleted under this clause 11.7 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
11.8 Notices. Any notice must be served by email to info@mcoxcapital.com and shall be deemed to have been received at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause (iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
11.9 Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
11.10 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
11.11 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.