Terms and Conditions of Sale and Use of Subscriptions to Products supplied by Sensible Media Ltd

1)  Background

These Terms and Conditions set out the arrangements under which Products as herein defined are supplied by Sensible Media Ltd to Customers on a Subscription basis.

By agreeing to purchase any Products, the Customer also agrees to accept and be bound by these Terms and Conditions. These Terms and Conditions, as well as any and all Contracts, are supplied only in the English language.

These Terms and Conditions apply only to the sale of Products; the terms governing the use of Our Websites for End Users are separate and are set out on Our Websites in the appropriate sections.

2)  Definitions

“Background Items” means additional resources (background and other information or material) forming part of, or complementary to, the training, instruction, consultation, or information sessions to be provided to End Users, all of which resources are downloadable or viewable as text/graphics/PDFs;

“Contract” means a contract or agreement between Us and any Customer for the purchase of a Subscription to use one or more Products;

“Customer” means a legal entity that purchases a Subscription to one or more Products in order to make the Products available to End Users;

“Data Protection Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended;

“End User(s)” means the physical person(s) for which the Products are made available by the Customer in accordance with the Contract, including but not limited to the staff, students and alumni of the Customer;

“Our Websites” means the websites with content owned and operated by Us, including but not limited to SensibleMedia.com, SensibleMedia.co.uk, PayNegotiation.com and AlumniExtra.com;

“Party” or “Parties” means Sensible Media Ltd and/or the Customer as the context may require;

“Product(s)” means the product(s) that We provide to the Customer – including but not limited to PayNegotiation.com, live webinars and Alumni Extra. It may also include one- off non-subscription events or content, if agreed between Us and the Customer;

“Subscription” means a subscription to any or all of the Products purchased by the Customer which provides End Users with access to the content and services the Customer has chosen. Every Subscription will include access to the available Background Items included in that Product for the whole period of the subscription;

“Subscription Confirmation” means Our acceptance and confirmation of the Customer’s purchase of a Subscription;

“Speaker or other Presenter” means the speaker or other presenter, instructor, teacher, coach, mentor, counsellor or other individual supplied by Us to deliver any Products; and

“We/Us/Our” means Sensible Media Limited, a company registered in England under 06663081, whose registered address is Sensible Media Ltd, c/o Valentine Ellis & Co, 9 Pearson St, London, E2 8JD and whose main trading address is Scale Space White City, 58 Wood Lane, London, W12 7RZ.

3)  Information about us

Our Websites, are owned and operated by Sensible Media Limited, a company registered in England under 06663081, whose registered address is Sensible Media Ltd, Scale Space White City, 58 Wood Lane, London W12 7RZ and whose main trading address is Scale Space White City, 58 Wood Lane, London, W12 7RZ.

4)  Contacting us

We can be contacted:
by telephone at +44 (0)20 3286 4750;
by email at neil@sensiblemedia.co.uk;
by post at Sensible Media Ltd, Scale Space, 58 Wood Lane, London W12 7RZ.

5)  Subscriptions, products, pricing and availability

  1. We may from time to time change the price of the Products. Changes in price will not affect any Subscription that the Customer has already purchased but will apply to any subsequent renewal or new Subscription. We will inform the Customer of any change in price before the change is due to take effect and the Customer will be completely free to cancel, upgrade or downgrade the Subscription when the renewal date is reached.

  2. Minor changes may, from time to time, be made to certain Products, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Products and should not normally affect the End User’s use of the Products. However, if any change is made that would affect the End User’s use of the Products, We will let the Customer know in advance.
  3. Where any updates are made to Products, those Products will continue to match Our description of them as provided before the Customer purchased the Subscription. Please note that this does not prevent Us from enhancing the Products, thereby going beyond the original description.
  4. We do not guarantee that any particular content (e.g., a particular recorded webinar) will remain available. We add new content to Our Websites regularly and We reserve the right to remove content as well.
  5. We make all reasonable efforts to ensure that all prices that We publish or otherwise inform the Customer of are correct at the time We supply them. We review pricing from time to time and will inform the Customer of any changes to pricing in advance of these changes taking effect.
  6. Prices that We publish are exclusive of VAT. Should We need to register for VAT in the future, We will inform the Customer of any changes to the total amount to be paid before the Subscription begins or renews.

6)  Contracts

  1. We will provide the Customer with the Contract via email. To accept Our proposal, a duly authorised representative of the Customer will need to digitally sign the Contract. We will then send the Customer a subscription confirmation.
  2. Subscription confirmations will contain the following information:
    • The name of the Customer (e.g., institution, school or organisation);
    • Confirmation of the type of Subscription ordered;
    • The price of the Subscription;
    • The start and end dates of the Subscription.

7)  Payments

We prefer payment by bank transfer. We maintain accounts in more than one currency to make this easier for Customers not domiciled in the United Kingdom.

8)  Licence

  1. We will own and retain all intellectual property rights at all times throughout the world in all Products, but with the purchase of a Subscription We will grant the Customer a limited, non-exclusive, non-transferable, non-sublicensable licence for the Customer to access, participate in and use the relevant Products for the purposes of making these Products available to your End Users (students, alumni and other individuals to whom the Customer makes the service available), The licence granted does not give the Customer or any End Users any rights in the Products (including any material that We may licence from third-parties).
  2. The licence we grant to the Customer is subject to the following usage restrictions:
    • the Customer and End Users may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Products (or any part of them) or make them available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’);
    • If we provide the Customer with embed codes for videos, the Customer must ensure that the embedded video is not viewable on a publicly accessible area of the Customer’s
    • If we provide the Customer with embed codes for videos, they should be used only in the format supplied by Us and the Customer should not edit or alter them in any way before publishing them on the appropriate password-protected area of the Customer’s website.

9)  Ending your subscription

If the Customer wants to end the Subscription please contact Us, ideally by email. The Subscription will continue until the end date of the current subscription term.

10)        Employment law and our advice

  1. Our products address important career issues and suggest generic strategies for addressing these issues. However the Products do not, and cannot, provide guidance for users’ particular situations.
    • The Customer should make it clear to its End Users and staff members that when approaching any career issue or negotiation the End Users should have regard to local business norms, the specific history and circumstances of their employment, the other interested parties and the legal environment and employment law of their location, which may differ widely from jurisdiction to jurisdiction.
    • The careers advice content on Our Websites should not be interpreted as or considered to be a substitute for professional legal advice nor should it be interpreted as creating any kind of legal advisor relationship between the Customer and us.
    • The Customer and its staff and End Users must at all times exercise their own judgement and/or seek professional advice. We do not guarantee the appropriateness or effectiveness of any of the advice or information offered in any of our Products in relation to any specific context.
    • The Customer and its staff and End Users are solely responsible for any decisions, omissions or actions taken, both legally and otherwise.
    • Neither Sensible Media Ltd, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability to the Customer or any End User for decisions, legal or otherwise, based upon, or the results obtained from, the Products and Our Websites made available to the Customer and its End Users as part of the Subscription.

11)        Limitation of liability

  1. Nothing in these Terms and Conditions and/or the Contract shall exclude or limit:
    • either party’s liability for death or personal injury caused by that party’s negligence, fraud or fraudulent misrepresentation, or any liability which cannot be legally excluded or limited;
    • the Customer’s liability to pay the agreed fees for Subscriptions.
  2. Subject to 10 (a) (i) and 10 (a) (ii) above, neither party will be liable, whether in contract, tort (including negligence) breach of statutory duty, or otherwise, for any of the following losses or damage (whether or not such losses or damage were direct, foreseen, foreseeable, known or otherwise) howsoever arising in respect of any: special, indirect, incidental or consequential loss or damage; loss of actual or anticipated profits; loss of business or contracts; loss of revenue or of the use of money; loss of anticipated savings; and/or loss of goodwill, arising out of or in connection with this Agreement.
  3. Subject to 10 (a) (i) and 10 (a) (ii) above, the maximum aggregate liability of Sensible Media Ltd to the Customer for all claims arising in connection with these Terms and Conditions and/or the Contract whether in contract, tort (including negligence) or breach of statutory duty, misrepresentation or otherwise shall be limited to the price of the currently active subscription agreements between Us and the Customer.

12)        Events outside our control (force majeure)

  1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other similar or dissimilar event or circumstance that is beyond Our reasonable control.
  2. If any event of this kind occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions and/or the Contract:
    • We will inform the Customer as soon as reasonably possible;
    • We will take all reasonable steps to minimise the delay;
    • To the extent that We cannot minimise the delay, Our affected obligations under these Terms and Conditions and the Contract will be suspended and any time limits that We are bound by will be extended accordingly;
    • We will inform the Customer when the event outside of Our control is over and provide details of any new dates, times or availability of the Products as necessary.

13)        Complaints and feedback

  1. We welcome feedback from the Customers and, whilst We use all reasonable methods to ensure that the experience as Customer and End User of the Products is a positive one, We nevertheless want to hear from the Customer if there is any cause for complaint. Please contact Us in the usual way and We will do Our best to resolve any issues that may occur.

14)        How we use your personal information

  1. All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and data subjects’ rights thereunder.
  2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of data subjects’ rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy at https://sensiblemedia.com/privacy/
  3. We are registered with and regulated by the UK Information Commissioner’s Office (ICO) whose website can be found at https://ico.org.uk/

15)        Law and Jurisdiction

  1. These Terms and Conditions and the relationship between the Customer and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
  2. Any disputes concerning these Terms and Conditions, the relationship between the Customer and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

These Terms and Conditions were last updated on 14 July 2024.