Terms and Conditions
1. INTRODUCTION
These terms apply equally to free trainings / webinars / masterclasses and templates and any other free services provided by us (with the exception of terms about payment). These terms and conditions (“Terms”) apply to all materials and resources within the MicDrop membership.
MicDrop and MicDrop OS (“site”) is owned and operated by Alex Merry Consultancy Limited, a company registered in England and wales under company number 8793924 and with our registered office at 5 Ducketts Wharf, South Street, Bishops Stortford, CM23 3AR, and VAT number is 386710963.
Please read these terms and conditions carefully before placing an order. By purchasing services on this Site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase services from this Site.
2. CHANGES TO TERMS
We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.
Please check these terms and conditions periodically for changes.
Your continued use of this Site and purchase of services on this Site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
If the revised terms apply to any existing provision of services, we will notify you of the changes.
3. PRIVACY POLICY AND ACCEPTABLE USE POLICY
Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy at www.alexmerry.com/privacy-policy
4. AGE RESTRICTION
You shall not purchase any services from our Site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.
5. ACCEPTANCE OF ORDER
5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.
5.2 If there is any conflict between these Terms and any term of the order, the order will take priority.
6. ENTIRE AGREEMENT
These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
7. REPRESENTATIONS
7.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy (www.alexmerry.com/privacy-policy)
7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
8. PROVISION OF SERVICES
8.1 We will supply the services to you from the date set out in the order for the period set out in the order.
8.2 We will make every effort to provide the services on time. However, there may be delays due to an Event Outside Our Control. See clause 13 below for our responsibilities when an Event Outside Our Control happens.
8.3 We will need certain information from you that is necessary for us to provide the services, for example. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the services under this clause 8.3, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you.
8.4 If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.
8.5 If we supply a product to you as part of the services (such as a report, an e-book or any other form of digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such product and any drafts, drawings or illustrations we make in connection with the product for you.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Ownership of Content : Members retain all rights, title, and interest in and to any content they create, upload, or share on our Site (hereinafter referred to as "Member Content"). This includes, but is not limited to, text, images, videos, and any other materials.
9.2 Licence Grant : By uploading or sharing Member Content on our Site members grant Alex Merry Consultancy Limited a non-exclusive, royalty-free, worldwide licence to host, process, and archive the Member Content for the duration of their membership. This licence allows Alex Merry Consultancy Limited to use the Member Content solely for the purpose of providing and improving the services offered on our Site.
9.3 Limitations on Use : Alex Merry Consultancy Limited shall not use the Member Content for any commercial purposes outside of the services provided without obtaining prior written consent from the member.
9.4 Duration of Licence : The licence granted herein shall remain in effect as long as the Member Content is hosted on our Site and until the member requests the deletion of their content or their membership is terminated.
10. AI ACT COMPLIANCE
10.1 Commitment to Compliance : Alex Merry Consultancy Limited is committed to complying with the UK AI Act and any applicable regulations governing the use of artificial intelligence (AI) systems. We strive to ensure that our AI applications are developed and operated in a manner that respects user rights and promotes transparency.
10.2 User Awareness and Transparency : By using our services, you acknowledge that our AI systems may process personal data and generate outputs based on the data provided. Users are encouraged to exercise caution when relying on AI-generated outputs.
10.3 Data Protection : We are dedicated to protecting your personal data in accordance with the UK General Data Protection Regulation (UK GDPR). Our privacy policy outlines how we collect, use, and protect your data when you interact with our AI systems. A copy of our Data Processing Agreement is available upon request. Please contact us at services@alexmerry.com to obtain a copy.
10.4 Human Oversight : We implement appropriate human oversight measures to ensure that our AI systems operate effectively and ethically. Users are encouraged to provide feedback on AI-generated outputs to help us improve our services.
10.5 Limitation of Liability : While we strive to provide accurate and reliable AI-generated content, Alex Merry Consultancy Limited does not guarantee the accuracy, completeness, or usefulness of any information provided by our AI systems. Users rely on AI-generated content at their own risk. Alex Merry Consultancy Limited shall not be liable for any losses, damages, or claims arising from the use of or reliance on AI-generated content, including but not limited to any advice or recommendations provided.
10.6 Disclaimer of Professional Advice : The AI app may provide information, advice, or recommendations based on user input. However, such information is for general informational purposes only and should not be considered professional advice. Users are encouraged to seek professional guidance tailored to their specific circumstances before making decisions based on AI-generated content.
10.7 Right to Modify: Alex Merry Consultancy Limited reserves the right to modify or discontinue any AI systems or features in compliance with the AI Act and to ensure the ongoing protection of user rights.
Our use of AI technologies is governed by our AI Addendum, which can be found at https://alexmerry.com/ai-addendum/
11. LIMITATIONS OF LIABILITY
AI INDEMNITY
11.1 Indemnity Scope: The Supplier agrees to indemnify, defend, and hold harmless the Indemnified Party from and against all claims, liabilities, losses, damages, costs, and expenses (including reasonable professional fees) arising from:
a. Technical Errors or Failures: Errors, inaccuracies, biases, or malfunctions in the AI Tool that cause harm to the Indemnified Party or third parties.
b. Intellectual Property Infringement: Claims alleging that the AI Tool infringes or misappropriates the intellectual property rights of any third party.
c. Regulatory Non-Compliance: Failures of the AI Tool to comply with applicable laws or regulations, including but not limited to data protection laws such as the UK GDPR.
d. Third-Party Claims: Claims brought by third parties arising from the use of the AI Tool, including damages caused by incorrect or biased outputs.
11.2 Exclusions: The indemnity shall not apply to claims or losses resulting from:
a. The Indemnified Party’s unauthorised modifications or misuse of the AI Tool.
b. Use of the AI Tool in breach of the Supplier’s documented instructions.
c. Failure of the Indemnified Party to implement updates or patches provided by the Supplier that would have prevented the issue.
AI “REASONABLE” DISCLAIMER
Nothing in this agreement limits any liability which cannot legally be limited. Subject to this:
- Our total liability under or in connection with this agreement, whether arising in contract, tort (including negligence) or otherwise, in respect of all acts and omissions occurring within a contract year shall not exceed the greater of £1,200 or 100% of the charges paid to us under this agreement in the 12 month period before the date of the event giving rise to the claim.
- We shall not be liable under or in connection with this agreement in contract, tort (including negligence) or otherwise for loss of profit or indirect or consequential loss (including without limitation loss of profits (including loss of anticipated savings), loss of sales or business; loss of agreements or contracts; loss of use or corruption of software, data or information or loss of or damage to goodwill).
- All conditions, warranties, representations or other terms that might otherwise be implied into this agreement by statute, common law or otherwise are excluded from this agreement.
12. LEGAL DISCLAIMER
12.1 General Information : The information provided by Alex Merry Consultancy Limited through our services, including but not limited to the website, applications, and any associated content, is for general informational purposes only. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information.
12.2 No Professional Advice : The content provided through our services is not intended to be a substitute for professional advice, consultation, or treatment. Users should not rely solely on the information provided and are encouraged to seek professional guidance tailored to their specific circumstances.
12.3 Limitation of Liability : To the fullest extent permitted by law, Alex Merry Consultancy Limited shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from or related to the use of our services or reliance on any information provided. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses.
12.4 Third-Party Links : Our services may contain links to third-party websites or services that are not owned or controlled by Alex Merry Consultancy Limited . We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites. Users are encouraged to review the terms and conditions and privacy policies of any third-party sites they visit.
12.5 Changes to the Disclaimer : Alex Merry Consultancy Limited reserves the right to modify this Legal Disclaimer at any time. Any changes will be effective immediately upon posting on our website. Users are encouraged to review this disclaimer periodically for any updates.
13. IF THERE IS A PROBLEM WITH THE SERVICES
13.1 In the unlikely event that you are not happy with the services:
a) please contact us and tell us as soon as reasonably possible;
b) please give us a reasonable opportunity to repair or fix any defect; and
c) we will use every effort to solve the problem within 7 days.
13.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
13.3 Before we begin to provide the services, you have the following rights to cancel our services:
a) You may cancel any order for services at any time within 14 days of the date you have full access to the MicDrop community on Circle by writing to us at services@alexmerry.com. We will confirm your cancellation in writing to you and will offer a excluding any bank processing fees. After this window, refunds cannot be processed.
14. TERMINATION
14.1 We may terminate the contract for services at any time with immediate effect by giving you written notice if:
a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or
b)you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.
14.2 You may terminate the contract for services at any time with immediate effect by giving us written notice if we break the contract in any material way and do not correct or fix the situation within 14 days of you asking us to in writing.
15. PRICE AND PAYMENT
15.1 Prices of the services are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
15.2 Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.
15.3 Despite our best efforts, there may be incorrect prices on some of the services. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.
15.4 Payment for services is to be made in advance by credit or debit card except where agreed otherwise in writing between us.
15.5 If you do not make any payment due to us by the due date for payment, we may cancel your membership.
16. LIMITATION OF LIABILITY
16.1 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
16.2 Exceptions to Limitation of Liability
Our liability does not exclude or limit in any way:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
17. CIRCUMSTANCES BEYOND OUR CONTROL
17.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
17.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
17.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
17.4 you will be notified as soon as reasonably possible; and
17.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.
17.6 If Circumstances Beyond Our Control occur and continue for more than 30 days and you do not wish us to provide the services, you may cancel the contract. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 30 days.
18. NOTICE
18.1 Any notice to us should be in writing and sent to us by e-mail to services@alexmerry.com
18.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the order.
19. MISCELLANEOUS
19.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
19.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
19.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
19.4 Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any clauses of these Terms is unlawful, then such determination will not affect other clauses and all other remaining clauses will remain in effect and full force.
19.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
19.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us.
20. CONTACT US
20.1 For any questions or queries you can contact us at services@alexmerry.com
