Terms & Conditions

Terms of Use of the Sticky Marketing Club® Website

In accessing this website and/or using services, you are deemed to have read, understood and agreed to be bound by the following Terms & Conditions of Trading:

1. Our Business

At the Sticky Marketing Club®, we believe that in this web enabled, technological driven world, the old sales and marketing models no longer work as they once did. Therefore, through the medium of Lectures, Workshops, Seminars, Webinars, Training Programmes, Videos, Books, Publications, Podcasts, Weblogs, DVDs, CDs and other such media, the Sticky Marketing Club® exists to ensure our members receive the most up to date thinking in Sales and Marketing. This enables members to take advantage of the latest tools, technologies and ideas to ensure they are successful in a competitive market.

2. Privacy

The Company is registered under the Data Protection Act 1998, Registration No: Z1101458.

The Act allows us to use your information appropriately and requires the data controller to inform members that information about them and their respective member profile is stored securely.

Authorised personnel within the Company or its approved sub-contractors use information collected from members solely for administrative, marketing, services and outcome evaluation purposes. We constantly review our systems and data to ensure the best possible service to our members.

Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and / or taking civil proceedings to recover damages against those responsible.

3. Confidentiality

We regard member profiles as confidential and, therefore, do not divulge any member information to third parties, unless it is necessary in the process of delivering a product or service required by our member.

In accordance with the Privacy and Electronic Communication (EU Directive) Regulations 2003 (PECR), we will not sell, share or rent your personal information to any third party or use your e-mail address for unsolicited email.

Any emails sent by the Sticky Marketing Club® will only be in connection with the provision of agreed services and products. Any marketing emails, for which consent has been obtained, will offer you the right to opt-out of receiving further marketing emails on each and every subsequent occasion.

We operate a secure transactions process for online payment methods via Sage Pay.

Members can check and amend any personal information held on our CRM by logging into our website > My Account > My Details

4. Sticky Marketing Club® Ltd
  • The Sticky Marketing Club® website is owned and maintained by the Sticky Marketing Club® Ltd.
  • Registered Office:- Caldecote House, 27 Caldecote Gardens, Bushey, WD23 4GP.
  • Company Registration: 5640682 VAT: GB 876 9243 71. Registered in England and Wales.
  • Contact us via email to websitesupport@stickymarketing.com
5. Intellectual Property Rights

In accepting the full Terms & Conditions contained herein, you warrant that you will not license, create derivative works from, nor use the information - howsoever it exists - whether in written, oral, electronic or mechanical form, nor transfer, teach, undertake training on the basis of, nor sell any information, nor commercially exploit the content, products or services obtained from use of, the company’s website and services in any way whatsoever or howsoever.

Copyright and / or other intellectual property rights applying to materials, literature or other services content created by us as a consequence of provision of consultancy, tutorial or other services to you, remain vested with Sticky Marketing Club®, unless specific arrangement and written agreement has been reached to transfer or sell such rights to you.

Any breach or attempt to breach this agreement, without express written consent, is strictly prohibited and may give rise to litigation. Any application in relation to licensing of company copyright images, logos and materials should be addressed to the Sticky Marketing Club® at websitesupport@stickymarketing.com.

Brand names and specific services of this company featured in literature are protected by copyright, (see Copyright and Trademark Notice Clause 7 below) together with the full content of the website. Trade Marks of partners, third parties or content providers connected with the Company have been used with permission. Copyright and other Intellectual Property Rights exist on such marks and any and all other literature or promotional material supplied during consultancy. Any unauthorised use may result in legal proceedings being instigated.

6. Content posted by members

Content posted by members on the Sticky Marketing Club® portal reflect their own opinion and not the views of Sticky Marketing Club

As a member of Sticky Marketing Club®, you irrevocably give permission for Sticky Marketing Club® to publicly display any content uploaded by you or on your behalf onto the website. Such permission shall survive the ending of your membership. Sticky Marketing Club may display all or part of your content on any page of the site and redact or edit it without your consent.

7. Copyright and Trademark Notices

All contents of the Sticky Marketing Club® website are Copyright ©2011-2012 and are the property of Sticky Marketing Club Ltd, Grant Leboff and / or its suppliers or contributors. The intellectual property in all designs, text, graphics and other material and the layout, appearance or arrangement of all such material in this website is owned by Grant Leboff.

‘Sticky Marketing Club’, ‘Sticky Marketing® Club Ltd’, ‘SMC’, ‘stickymarketing.com’, ‘Sticky Marketing Strategy Workshop’, ‘Sticky Marketing Mentoring Programme’, ‘Sticky Marketing Dining Club’, ‘Sticky Marketing Seminar(s)’, ‘Sales Therapy’, ‘Problem Map®’, ‘Problem Maps®’, the ‘Sticky Marketing Club®' logos (2011 & 2013), Sticky Marketing Club Photos, Videos, PDFs, Podcasts and / or other Sticky Marketing Club® products and services referred to in the Sticky Marketing Club website are trademarks and / or registered trademarks of Grant Leboff in the United Kingdom and other countries. The names of actual companies and products mentioned will be the trademarks of their respective owners. Any rights not expressly granted are reserved.

You may not obscure or remove the copyright notice appearing on any copyright content.

Notifications of claimed copyright infringement should be sent to:-websitesupport@stickymarketing.com

8. How to contact us:

Email:- websitesupport@stickymarketing.com (This is our preferred means of communication.)

Tel: +44 (0) 844 478 0044 (message service)

Post: Caldecote House, 27 Caldecote Gardens, Bushey, WD23 4GP

We aim to respond to emails and telephone messages within 3 working days.

9. Availability of this website

Unless otherwise stated, (e.g., a seminar in a specific venue) membership subscriptions and other online or physical goods or services featured in the Sticky Marketing Club’s website are available, where practical, worldwide.

You are solely responsible for evaluating the fitness for a particular purpose of any content or downloads available through this site.

The company does not warrant that the service from the website will be uninterrupted, timely or error free, although it is provided to the best ability.

By using company services you thereby indemnify the Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Services are not made available to you on any other basis than as is stated in these Terms & Conditions of Trading.

10. Web Links

We do not monitor or review the content of other party’s websites which are linked from our website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material.

Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Your computer system is required to accept cookies to allow site navigation. Some of our affiliate partners sites may also require this. Cookies are used in some websites to enable the functionality of the site, to track user’s web browsing movements and for ease of use for those people visiting.

The Sticky Marketing Club® website includes links to other websites and services provided by third parties. Links from the website are at the users risk and Sticky Marketing Club® does not make or give any warranties or representations regarding any such websites or services and are not responsible for, or liable in, relation to the contents or use of such websites or services.

11. Terms of Membership

Membership of Sticky Marketing Club® is offered to you conditional on your acceptance of these Terms of Membership. By registering to become a member of Sticky Marketing Club® you will have signified your acceptance of these Terms of Membership.

Sticky Marketing Club® is a member only website (free or subscription). Visitors who do not become members are welcome to visit the Sticky Marketing Club website, referred to throughout as "the website" but they will not be able to enjoy the benefits of membership. All visitors to the website are asked to abide by our ‘Terms of Use’.

As a condition of your membership, you promise to Sticky Marketing Club® that you will not use this website for any purpose that is unlawful or prohibited.

You must be 18 years old or over to register as a member of the Sticky Marketing Club®, use the website or attend events.

We reserve the right to terminate (without explanation) the membership of any member of whom we have reason to believe is; committing breach of these Terms and Conditions, is using a false identity, is misusing the facilities, services and reputation of the Sticky Marketing Club® for spamming, dubious, misleading or criminal purposes, is abusive or uses inappropriate language in any content posted on the Sticky Marketing Club portal or is using, or making available to others, member contact details or any material on Sticky Marketing Club® in breach of copyright or other intellectual property rights of the owner.

12. Purchase of Goods or Services / Delivery / Cancellation and Termination Policy:

We accept Visa and Mastercard debit and charge cards as payment methods for products and services made available online. Secure transactions are processed via Sage Pay. All prices quoted are plus VAT at the current rate, where applicable. On completion of any transaction, you will receive a confirmation notification by email.

a) Downloads or accessing chargeable Online Resources.

Downloads and Online Resources are, by their very nature, ‘delivered’ or made available, online, virtually instantly, once payment has been received. Should you experience any problem downloading or accessing any online services for which you have paid, please email us at websitesupport@stickymarketing.com

The right to cancel does not apply to the purchase of any download or online resource available on the website.

b) Subscription Membership

There are two levels of membership, full details of which are set out on the website Membership Options page.

Level 1:- Free,

Level 2:- Gold (annual subscription),

Free Membership can be terminated at any time by emailing websitesupport@stickymarketing.com from your registered email address with Sticky Marketing Club®, instructing us to delete your member registration or by clicking ‘unsubscribe’ on our regular Sticky Marketing Club® Newsletter email.

Gold subscription memberships are paid annually.  This is a recurring subscription which is automatically debited from your credit card via our transaction management agent; Sage PayYou may terminate your gold membership at any time by notice to websitesupport@stickymarketing.com. However, if you terminate your membership before the year expires, no refund will be made.

c) Seminars:

Forthcoming seminars, which are announced on the Seminar & Events page, are paid online using a secure credit card payment. When you book a seminar online, we will send you an email with a confirmation receipt of your payment. We will then remind you by email of your seminar details closer to the day.

No one wants to have to cancel attendance at a seminar / event, but if, for whatever reason, you find that you need to cancel a booking, please email us at websitesupport@stickymarketing.com to that affect from your registered email address with Sticky Marketing Club®, subject to the following conditions:-

12 weeks notice prior to seminar / event:- Full refund

Between 12 weeks and 6 weeks notice prior to seminar / event:- 50% refund

Between 6 weeks and the date of the seminar / event: No refund

13. Credit Card Use

In the event of any of the following, please contact us immediately if:-

(a) you pay an annual membership subscription, and you are aware of any changes in the expiration date of any credit card used in connection with your membership fee.

(b) you experience any breaches or apparent breaches of security, such as loss of, theft of your credit card (subscription members) or unauthorised disclosure or use of any password.

Following any loss or theft, until Sticky Marketing Club® receives a notification from you to that effect by e-mail to websitesupport@stickymarketing.com you will remain liable for any improper use of your credit card.

14. Advice

Nothing contained in Sticky Marketing Club® is intended to constitute investment, legal, tax, real estate, medical, accounting or other personal or professional advice, and you should not rely solely on the resources provided to you as part of Sticky Marketing Club® for making decisions.

Information provided within Sticky Marketing Club® is for informational purposes only. You should consult with the appropriate professionals for specific advice tailored to your situation before making any decision.

Where fictitious names of companies, products, people, characters and / or data are used on the website by Sticky Marketing Club®, there is no intention to represent any real individual, company, product or event.

Any rights not expressly granted herein are reserved.

15. Termination of Membership

Sticky Marketing Club® reserves the right, in its sole discretion, to suspend and / or terminate your membership at any time, with or without notice for any breach of this Agreement or of the Terms of Membership or of any of the terms applicable to the services for which you have subscribed.

Upon termination of your membership, your right to use member resources immediately ceases. Sticky Marketing Club® shall have no obligation to maintain any content or to forward it to you or any third party.

You may terminate your Sticky Marketing Club® membership at any time, with or without cause, upon notice to Sticky Marketing Club® at websitesupport@stickymarketing.com.

16. Notification of Changes / Variation of Terms

The Company is not required to notify members of changes to its Terms & Conditions of Trading and reserves the right to change these conditions from time to time as deemed necessary. Your continued use of the site and/or services will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page.

These terms and conditions including supplementals stated above form the entire Agreement between the member and the Company. Your accessing of the website and / or subscribing to membership or purchasing any other online or physical goods or services featured in the Sticky Marketing Club’s website indicates your understanding, agreement to and acceptance of the full Terms & Conditions contained herein. Your statutory Consumer Rights are unaffected.

17. Force Majeure

Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such Party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

18. Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which entitled hereunder, shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated as such and signed by both Parties.

19. Absence of Injunctive Relief

You shall not seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of Services, exploitation of any promotional materials issued in connection therewith or exploitation of Services or other content used or displayed through Services.

20. Assignment and Delegation

You may not assign or delegate any rights or obligations under any Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under any Agreement, fully or partially. We may also substitute by way of unilateral novation effective upon notice to you for any third party that assumes our rights and obligations under any Agreement.

21. Title

Title shall not pass to you until cleared payment in full is received for any chargeable products available for sale comprising any online or physical goods or services featured in the Sticky Marketing® Club’s website.

22. General

English and Welsh law govern these Terms & Conditions of Trading. By accessing the website and / or engaging in contractual agreement with the Company you consent and agree to abide by these Terms & Conditions of Trading and to the exclusive jurisdiction of these courts in all disputes arising out of such access.

If any of these Terms and / or Conditions are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms & Conditions and the remainder shall continue to apply.

You agree that, in the event of a sale of the business of Sticky Marketing Club® (or substantial part of the business) you consent to all of your content (which may include personal and / or company data) being sold and transferred to the buyer and that prior to the conclusion of any such sale a prospective buyer may have access to any of your content as may at the time of that access be retained by Sticky Marketing Club®.

Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Disclaimer

Regrettably it is with much sadness that members are referred to this notice. It's unfortunate that such things are needed, however, the litigious nature of our present society and insurance policy small print makes it imperative that this disclaimer is implemented.

Exclusions and Limitations

Whilst every reasonable precaution has been taken to ensure the accuracy of services content, business advice and statements made regarding current legislation applying to registering and operating a business in the UK, any such advice, guidance and information provided through or in connection with the Company’s services is given in good faith. No liability shall be accepted for any errors, omissions or inaccuracies. The information contained in Company literature and website is provided on an "as is" basis.

To the fullest extent permitted by law, Sticky Marketing Club® Limited:

a) excludes all representations and warranties relating to the website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the website and/or Company literature; and

b) excludes all liability for damages arising out of or in connection with your use of the website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised the Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

c) The Company does not exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

d) The purpose of the Company’s services is to assist individuals and organisations via advice and consultancy. Therefore, any guidance, advice, recommendations, tailored solutions or any other form of assistance offered to clients is on the express and implied basis that such delivery materials and content is offered in the context of assistance intended solely to aid clients to decide for themselves whether particular courses of action are necessary to bring about the investigation of a potential business aim that they wish to effect.

e) Under no circumstances will we accept, undertake or continue company services for any member / client where it is, or becomes evident, that the member’s / client's aim, intention, objective, goal or expressed thoughts are likely to cause harm, offence, illegal, unethical or immoral act or other negative outcome, through malicious act, slander, libel, religious or other intolerance, either personally or through a proposed or existing business venture, in any way whatsoever or howsoever against anyone or anything in any form. Representatives of the company are entitled to physical safety during service delivery and to be treated with respect and any instance of verbal or physical abuse may result in the immediate cessation of services without refund and instigation of legal proceedings accordingly.

f) Members’ attention is drawn to the Privacy Statement (2) and Confidentiality Notice (3) as described in these Terms & Conditions. In the event that it is so deemed or statutorily required, we reserve the right to report any instance of civil or criminal offence or damage to the appropriate authorities whereby member / client records held by the Company may be disclosed to authorised persons or organisations without infringement of member / client confidentiality privilege.

© 2011-2013 Grant Leboff. The Sticky Marketing Club® Ltd. All rights reserved

March 2013