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Terms and Conditions
The Marketing Crowd Ltd (hereafter referred to as the “company”, “The Marketing Crowd”, “we”, “us”, and “our”) provides themarketingcrowd.ie . We encourage prospective clients to read The Marketing Crowd’s terms and conditions, prior to any purchases.
- The “Company”, “The Marketing Crowd”, “We”, “Us”, “Our” - this refers to The Marketing Crowd Ltd with a registered office at Lower Bridge Street, Killorglin, County Kerry, Ireland.
- “Client”, “Your”, “You” - this refers to the individual purchasing from The Marketing Crowd that intends to attend a training event, a 1-1 coaching session or become a member of our online membership programme (The Digital Marketing school) .
- “Booker” - this refers to the person making the booking with The Marketing Crowd, on behalf of a client attending the course.
- “The Website” - this refers to the ie and school.themarketingcrowd.ie
- “Terms and Conditions” - this refers to the terms of usage and conditions under which all purchases are pursued and the website is utilised.
- “Booking Form” - this is an agreement between The Marketing Crowd and its clients, with regard to prospective delivery of services.
- “Membership of the Digital Marketing School ” - this refers to a non-refundable, non-cancellable, 12 month (unless agreed otherwise) agreement between The Marketing Crowd and the client.
- “Working Days” - this refers to days between Monday and Friday, excluding Public Holidays.
Changes to these Terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge – except for the membership area school.themarketingcrowd.ie
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Warranty & Liability:
- Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
- The Marketing Crowd’s liability for loss and damage shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the course out of which the loss or damage has arisen. The Marketing Crowd will not accept liability for personal injury that incurs during our training courses caused by the negligence of any third party. The Marketing Crowd will not be liable for indirect, special, or consequential loss (including loss of anticipated profit or data), howsoever arising, even if it has been advised of such potential loss.
- The Marketing Crowd will not be responsible for any damage resulting from any computer viruses arising from software installed on a Client’s computer systems.
Any recommendations or endorsements of 3rd party products or services will be made based on The Marketing Crowd's own experience. The Marketing Crowd will not accept liability for any issues or breakages which may arise directly or indirectly as a result of using these services/products/packages. The Marketing Crowd will not offer any guarantees or accept liability for any third party products / services it uses / endorses / recommends.
E-Learning, Online Learning:
- Course enrolment, fees, and log-in credentials are strictly non-transferable and Fair Usage Policy and Intellectual Property Rights apply to the access of study materials and prohibition of material dissemination.
- The Marketing Crowd reserve the right to restrict access based on operational requirements including bandwidth consumption to ensure fair access to all learners. Access to e-learning/online products is granted for a 365 day period from the date of purchase. If an alternative term or extension has been purchased, the validity still starts from the date of purchase.
- Whilst The Marketing Crowd endeavours to ensure that the information on the online platform is correct, we do not warrant the accuracy and completeness of the materials on the site and we make changes to the e-learning/online content from time to time, without notice. The Marketing Crowd reserves the right to change or alter course content from that which is published in order to maintain the high quality of the learning.
All intellectual property rights for all course materials shall remain the property of The Marketing Crowd. The Client agrees not to reproduce, disseminate, sell, hire, lend, or copy the course materials or use them except for the purpose of personal reference. The Marketing Crowd warrants that it will not knowingly include any copyright material in its course materials without licence, consent, or attribution.
- The website, including content, design, organisation, layout, and software code are subject to intellectual property rights that are owned by The Marketing Crowd.
- The re-use of illustrations, photographs, diagrams, or videos featured on The Marketing Crowd’s website, without attribution, is prohibited under all circumstances. The deletion or alteration of proprietary rights is prohibited under all circumstances.
- All products and services of The Marketing Crowd without limitation are subject to intellectual property rights. Therefore all intellectual property belongs to The Marketing Crowd, its related companies, its affiliates, or suppliers.
- The use of The Marketing Crowd’s name or logo is prohibited under all circumstances, unless prior written consent is obtained from the Company.
- You may not copy, sell, reproduce, distribute, download, modify, display or prepare derivative works based on, repost, transmit, or otherwise use any of the intellectual property of The Marketing Crowd’s website or course materials. The information on this site is provided “as is” and without any warranties.
- The Marketing Crowd does not accept responsibility of content of any third party sites that may be referenced by The Marketing Crowd. The following activities are strictly prohibited: use of robots, material dissemination, other automatic device or manual process to monitor or copy the site of any of its content or the replication of this site to any server.
- All pricing quotations are only valid for 30 days from the date that they are first sent to the client. All prices are subject to change due to the dynamic nature of our business and of the training industry.
- The published prices exclude VAT. Clients and Companies must pay The Marketing Crowd any VAT that is chargeable on services that are provided; The Marketing Crowd will list the correct VAT amount on the invoice - as required by statute.
- All quotations exclude VAT. If the corresponding purchase is pursued, as required by statute, VAT will be applied at the point of purchase and feature within the sales invoice.
- VAT is payable regardless of the Client’s country of origin; the point of supply for VAT purposes is the location of the course. For E-learning courses, VAT will be charged with regard to the place of supply and the relevant tax legislation in the country of consumption.
- Prices listed on correspondence, brochures, leaflets, and materials belonging to The Marketing Crowd are not legally binding due to anticipated price fluctuations; they are advisory at the time of public dissemination and do not constitute as part of a legal agreement.
- The course fee(s), including VAT, are payable in full immediately upon receipt of the invoice.
- Where a Purchase Order is issued, it must clearly state the purchase order number, course dates, full Invoice amount, and contact details for invoicing. When more than one course is booked on the same booking form, full payment for all courses is required immediately upon confirmation before the commencement of the first course.
- Once a partial or full payment has been processed, over the phone or on the website by the following methods: Debit Card, Credit Card, American Express, Cheque or Bank transfer, the Client will adhere to The Marketing Crowd’s terms and conditions, irrespective of a booking form having been signed.
- It is the responsibility of the Client to ensure that the person that approved the purchase of a product, has the correct purchasing authority.
Cancellations made by The Marketing Crowd
- The Marketing Crowd reserves the right to cancel, move, and reschedule a training event or course due to circumstances that are beyond The Marketing Crowd’s control, such as trainer illness or low attendance. Reasonable efforts will be made to contact and notify clients of any alterations to their training event or course. If a training event is cancelled, The Marketing Crowd will either re-allocate Clients on to future training events with the Client’s consent, offer Virtual training events, or elearning training.
- If a client cancels a 1-1 training session within 48 hours of the scheduled time we reserve the right to not provide a refund or reschedule the session.
- Membership fees for our elearning product The Digital Marketing School are non-refundable after 7 days or purchase. The client can request a refund within 7 days of purchase
- Fees for 1-1 training will be refunded if the client requests a refund within the first 30 minutes of the session.
- When a refund is issued to the Client by The Marketing Crowd, the refund may take up to a maximum of 20 working days to be processed. Refunds will be processed using the same payment method that the original payment was made. Deposits and banking fees are non-refundable.
- The Marketing Crowd will not be liable for any fluctuation in exchange rates or bank charges for overseas refund transactions.
- Where a customer has outstanding monies, any refunds granted will be offset against any outstanding monies.
Changes to Courses:
- The Marketing Crowd reserves the right to change any part of a published course; if this is caused by circumstances beyond our control. The Marketing Crowd reserves the right to cancel or reschedule any course and will advise the Client as soon as the change is known. The Marketing Crowd will use all reasonable endeavours to avoid changes of this nature. For any courses that are rescheduled due to unforeseen circumstances (such as trainer sickness/ low course attendance), every endeavour will be made to provide a replacement trainer or to reschedule the course and we will offer Clients a variety of options to pursue their training programme; however, should the offered alternative not be an acceptable option for the Client, a full refund will be issued.
- Contents of course timetables are intended for general guidance only and serve as an advisory purpose only. Any typographical errors including pricing or omission in any website, sales literature, administrative documentation, course materials, or other documents are subject to change without any liability on the part of The Marketing Crowd.
- The course information, including the course, date, and venue, pre-coursework, maps and directions, will be advised upon the receipt of payment, in the form of joining instructions. The Marketing Crowd reserves the right to change the venue, for circumstances that are beyond our control, and will advise the Client as soon as the change is known. The Marketing Crowd cannot be held liable for out of pocket expenses due to cancellations or alterations to the course venue, that are out of our control.
If for any reason (including but not limited to transit delays beyond the control of The Marketing Crowd) courseware does not arrive on time for the course we will commit to replacing it at the earliest opportunity and make best endeavours to make temporary materials accessible, as required, to continue the learning programme.
Non-attendance of any course, regardless of delivery type (classroom, e-learning, virtual, onsite), for any reason whatsoever is deemed to be a cancellation without notice and payment is due in full.
No deviation from these terms and conditions will be allowed without the express written permission of a Director of The Marketing Crowd. No communication either verbal or printed on our websites will override these Terms and Conditions. If, in any case, any of these conditions shall be held to be invalid or shall not apply, the contract and the other conditions shall remain in force and effect. These Terms and Conditions override all terms raised on a PO by a client.
- The Marketing Crowd shall not be in breach of this contract if the provision of services are delayed or cancelled or reduced through any circumstances beyond its reasonable control, including acts of God (including but not limited to, fire, flood, earthquake, storm, snow, hurricane, or other natural disaster), sickness, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout, or interruption or failure of electricity or telephone service.
- Clients must ensure that they can attend the training courses that they are scheduled to attend. The Marketing Crowd will not be held liable, financially or actually, for their non-attendance, whatsoever the reason may be.
- The Marketing Crowd is committed to maintaining your privacy and the use of your personal information. If at any stage you have a question regarding the personal information that we hold on file, please do not hesitate to contact us.
- The Marketing Crowd will not disclose personal information to a third party organisation unless we have your prior consent to provide this or you have opted to allow the use of your personal information in the pursuit of performance and delivery of our service to you. If the request for your personal information is for a legal purpose, this we would class as an exception, but only after we have 100% fully verified the name or organisation requesting your personal details.
- It is our commitment not to collect personal information from Clients visiting our website unless they have voluntarily submitted their personal information via one of our contact forms that requires information that could be based on an enquiry or to book onto a training course. From time to time, The Marketing Crowd may contact you to inform you about a specific future training programme. Visitor IP addresses may be seen by The Marketing Crowd’s staff and on some occasions, the provider's host name but this information will not disclose your identity.
Recording of The Marketing Crowd’s Employees or associates
- The monitoring or recording of any The Marketing Crowd employee is not permitted under any circumstances
- Clients are not permitted to take any video/photography/audio during the course without prior written consent of The Marketing Crowd and its Clients, failure to do so will be considered a direct breach of our terms of business.
- Clients are not permitted to take any video/audio during correspondence with The Marketing Crowd’s employees without prior written consent of The Marketing Crowd and its Clients, failure to do so will be considered a direct breach of our terms of business.
- The Marketing Crowd will not take photographs, videos, or any audio recordings of you during a course and will not use this material for The Marketing Crowd’s own marketing purposes without your prior consent.
Security and Encryption:
- We use the highest level of security and encryption methods available for processing payments online. We also strictly adhere to best practices of data protection. That means your payment details are as secure as they possibly can be when making a purchase with us.
- The Marketing Crowd shall implement reasonable measures to ensure that correspondence and machines used during training events are free from viruses and potentially harmful malicious software.
- The Marketing Crowd makes no warranty for the reliability, protection, or virus-free nature of the material that is downloaded from our website.
- All Client and Company information that is disclosed to The Marketing Crowd will be kept confidential. Such information will not be disclosed by The Marketing Crowd to any third party organisations or individuals.
- Such information shall only be disclosed to employees that require such knowledge to conduct their role at The Marketing Crowd. Such individuals are subject to legally binding obligations of data protection and confidentiality.
- The Marketing Crowd shall not be liable for the disclosure of any Client or Company information that is readily available in the public domain, or if dissemination is agreed in a legally binding written approval document.