DEFINITIONS

MOQQ or We – MOQQ Limited, a company incorporated under the laws of England and Wales, with its registered office in Avon House, Kensington Village, W14 8TS London, Companies House no. 12983719, e-mail: office@moqq.co.uk, telephone: +44 (0) 7864 2610

Consumer – an individual acting outside the course of his or her business, please note that lawyers purchasing Services from MOQQ will not be regarded as consumers. If you are one, you probably shouldn’t be here.

Content – digital content made available to the User by MOQQ via this Website or any other means, in particular information about MOQQ and services provided by MOQQ online or otherwise.

Electronic service – rendering a Service for the User that is enabled through sending and receiving data through electronic systems and without simultaneous presence of the parties, which is our favourite model of delivery as we are pledged to minimise our business impact on the environment. Electronic services include:

1. ensuring User’s access to the Website,
2. presenting information about the Content,
3. displaying Content,
4. enabling the User to purchase Services via the Website, whether provided electronically or in other manner,
5. enabling the User to send data to MOQQ or third parties contracted by MOQQ to provide the User with services,
6. enabling the User to subscribe to MOQQ’s newsletter.

Fees – the amount payable by you (or your firm) for our paid Services,

Online Services – Services that are available for purchase online,

Order – your acceptance of our offer to sell paid Services,

Services – core business services provided by MOQQ to clients, in particular:

1. MOQQ Consulting,
2. MOQQ Courses,
3. MOQQ 1:1 Sessions
4. MOQQ LPM Assistance.

T&Cs – these Terms & Conditions,

Website – website available under the address https://moqq.co.uk, via which it is possible to gain access to the Content, Materials and Services,

User or You – any natural person using the Website.

ACCESSING CONTENT

1. Access to the Content described on the Website is free of charge, except for paid Services.
2. Gaining access to the Content is possible after you accept these Terms and Conditions and Privacy Policy. We may from time-to-time grant access to the Content upon consent to processing your data for marketing purposes.
3. Access to the Content is gained by entering the Website and performing any additional technical steps indicated on the Website, in particular filling out any access forms, consenting to these Terms and Conditions and Privacy Policy as well as following additional instructions leading to accessing the Content outside of the Website (like opening an e-book received via e-mail or accessing a link to a webinar).
4. You are fully responsible for the accuracy of information provided to us. MOQQ reserves the right to refrain from granting you access to Content in cases where details provided are incomplete, false, repetitive or otherwise indicate inaccuracy.
5. All Content presented on the Website constitutes MOQQ’s own opinions based on knowledge we gathered. As far as we continuously strive to produce Content of the best quality, we may not guarantee that these are always accurate and correct. Hence we do not take any liability for your business decisions based on or inspired by our Content. Of course, if you purchase any Services based on the Content we are liable for accuracy of information about that Service.
6. You are responsible for ensuring you have the right device and software to access the Content or Services. All of our Services are delivered via the Internet using our Website, email and communication applications (Zoom). You will be notified by us about any particular requirements.

PURCHASING SERVICES

1. These Terms and Conditions and your Order constitute the entire agreement between you and us for the supply of Online Services. Please make sure your Order contains complete and accurate information before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
2. You acknowledge in agreeing to these Terms and Conditions that you have not relied on any statement, promise, representation, assurance or warranty made or given on behalf of MOQQ, which is not set out in this document.
3. Services which are not available for purchase online are covered by different contracts between you and us.
4. To use Online Services, you need to place an Order and follow any additional steps indicated by MOQQ (in particular access online learning system or video conferencing platform used by MOQQ to deliver Online Services at the indicated date and time). MOQQ is responsible for providing you with general instructions allowing you to access Online Services.
5. Placing an Order and accessing Online Services require an email, a functioning, up-to-date web browser, and access to online learning systems or video conferencing software. Information on the online learning system or video conferencing software used to deliver Online Services will be provided by MOQQ. The User is responsible for making sure he or she is able to access the online learning system or video conferencing software for the entire duration of Online Services.
6. MOQQ shall not be obliged to provide you with any technical assistance pertaining to the type of device or software you are using to access Online Services.Submitting an Order is conducted by following the technical steps indicated on the Website, agreeing to these Terms and Conditions, and paying any Fees indicated on the Website. MOQQ reserves the right not to provide Online Services in performance of Orders which are fraudulent, unpaid, partially paid, or finalised without payment or with insufficient payment through a technical malfunction of fraud.
7. When placing an order please make sure you enter correct details, especially a correct email address. Providing MOQQ with an improper email address may make it impossible for you to access Online Services, for which MOQQ bears no responsibility.
8. In case Online Services are available on demand, the Order will be executed immediately and all information necessary to access Online Services will be sent to you in an email confirmation of purchase or a separate email shortly after.
9. In case purchased Online Services are available at a later date (e.g., live courses) information necessary to access the Materials will be sent to the email address indicated in the Order no later than 24 hours before the event.
10. Any materials delivered as electronic files (PDF, DOC, XML, etc.) will be delivered via email or MOQQ cloud storage solution.
11. We reserve the right to suspend or postpone provision of any of our Services if due to unforeseen circumstances besides our control (e.g., internet malfunctions, power outage, sickness, emergencies, etc.) we are unable to provide Services at the agreed date. In such case a new date for provision of that Service will be announced and each User affected shall have the right to change the date to another or request a refund within 10 days from the suspension or postponement of Service.

WITHDRAWAL AND CANCELLATIONS

1. In case the purchased Online Services are available on demand you may not withdraw from the contract if the Services were made available to you.
2. In case the purchased Online Services are available at a later date:
   • You have the right to withdraw from the Agreement within 10 days from the day of purchase, but not after the Materials are made available to you; for avoidance of doubt for live events the right of withdrawal expires once the event commences,
   • You acknowledge that since only you decide when you purchase Online Services, their right to withdraw may be shorter than 10 days.
   • All Users may cancel their Order in which case MOQQ reserves the right to the following cancellation fees:
     • 20% of the fee – if the cancellation is submitted no later than 30 days before the event,
     • 50% of the fee – if the cancellation is submitted no later than 14 days before the event,
     • 100% of the fee – if the cancellation is submitted within 14 days before the event.
3. If, given unforeseen circumstances, you may not take part in a live event, MOQQ will enable you to choose a different event within the next 30 days, provided that notice is submitted to MOQQ no later than 3 business days before the event.
4. In cases where granting access to the Content is conditioned upon consent to process User’s data for marketing purposes, the User may at any time withdraw his consent by contacting MOQQ using contact details provided in the e-mail granting access to the Content.
5. Unless otherwise agreed by us, Services, including Online Services, are not transferrable.
6. Whenever indicated on our Website, we offer you a 100% refund of the price paid for MOQQ Courses, if the quality of the Course you attended was below your expectations. To receive your refund you should communicate with us via email within 7 days from the date of the Course. You will be asked by us to explain why you feel the Course didn’t satisfy your needs. All refunds are processed within 30 days after we receive all required information. 

COPYRIGHT

1. All intellectual property rights to the Content and Services, including Online Services and materials provided to you during those Services are owned by MOQQ Limited and are not transferred to you when you receive Content or purchase Services, unless otherwise agreed in writing or stipulated hereunder.
2. All materials received by you during our courses may be used by you for your own development. You can also use those materials in your practice, as far as they are not resold to any other third party and are used exclusively to support your business.
3. You are not permitted to record or otherwise capture MOQQ Courses, as well as download or otherwise store any files containing MOQQ Courses.
4. When you sign up for MOQQ Courses you receive the individual right to attend the Course. You are not permitted to stream or otherwise make the Course available to any other person.
5. You must not publish, copy, sell, broadcast, transmit, or otherwise reproduce or distribute any of the Course materials otherwise than as permitted by law.

NO WARRANTY

1. We do not warrant or guarantee that your completion of any Course will result in, or improve the likelihood of, you securing any kind of employment or other benefit or receiving an increased salary.
2. You are solely responsible for ensuring that the purchase of, and your Enrolment in, any Course is appropriate to your specific needs and objectives.

LIMITATION OF LIABILITY

1. Nothing in these Terms shall limit or exclude the Learning People’s liability for:

1. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
2. fraud or fraudulent misrepresentation; or
3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 – title and quiet possession.

1. MOQQ shall under no circumstances be liable to you, whether in contract, tort – including negligence, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with using MOQQ Services.
2. MOQQ’s total liability to you in respect of all other losses arising under or in connection with the Services, whether in contract, tort – including negligence, breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Fees paid by you.
3. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

CONFIDENTIALITY

1. A party – “receiving party” – shall keep in strict confidence all technical or commercial know how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party – “disclosing party”, its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain.
2. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the terms, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the T&Cs. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction.

OTHER PROVISIONS

1. Accessing the Website and provision of Services by MOQQ are governed by the laws of England and Wales. English courts shall have jurisdiction over any dispute.
2. The law applicable should be the law of MOQQ unless binding provisions of the law state otherwise.
3. Any notice or other communication under or in connection with our Services shall be via email or (if you must or are required to) in writing, sent to us at the address indicated or such other address as may be provided, and shall be delivered. We prefer email.
4. A notice or other communication shall be deemed to have been received: if sent by prepaid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, one business day after transmission.
5. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
6. If any provision or part provision of these T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of these T&Cs.
7. WE MAY UPDATE OR MODIFY THESE T&CS FROM TIME TO TIME TO IMPROVE YOUR EXPERIENCE OR ADJUST TO NEW LEGISLATION. UNLESS NECESSARY, ANY SUCH CHANGES WILL NOT ALTER ANY OF YOUR RIGHTS TO SERVICES PURCHASED BEFORE ANY SUCH CHANGE.