Terms and Conditions

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Consulttheguru.com provides access to the consulttheguru.com Website (the "Website") and provides its services to you subject to the conditions set out below.

1. Acceptance
By clicking the 'I accept' button, you agree to be bound by the terms of this legal agreement between you and Consulttheguru ("We" or "Us") which sets out the terms and conditions (the "Terms") relating to your use of the services provided via www.consulttheguru.com and any information or materials contained therein. You may not use the materials, the Website or any information or materials unless you agree to
be bound by these Terms.

2. Our service
Consulttheguru offers tailor-made creative marketing solutions (the "Marketing Solution") in response to briefs submitted online. In order to begin using any of the features listed under the 'consult' menu, you will be required to complete an online registration form. At this stage, you must provide us with your e-mail address and a password, which should be between 8 and 12 letters and/or numbers.

Your e-mail address and chosen password are together used to login to the Website, access features listed under the 'consult' menu, and collect any Marketing Solution when it is available to you. Your e-mail address is also used to notify you by e-mail when a Marketing Solution is available to you; it is therefore important that it is correct.

You will also be asked to provide a password question and answer. If you should forget your password in the future, you will be asked for the answer to this question, whereupon the system will send you a reminder of your password.

You agree that the information you provide to us via the online registration page shall be true, accurate, current and complete; you further agree to inform us of any changes in this information. It is your responsibility to maintain the confidentiality of your password and/or password question and you are solely liable and responsible for all activities that occur through the use of your password and/or password question.

Once you have registered you can then submit a marketing brief to us by completing the online consultation form (the "Marketing Brief") displayed on selecting the 'start a consultation' menu option. You will then be asked to submit payment. We will e-mail you at the e-mail address you provided immediately following clearance of payment, acknowledging receipt of payment and your brief.

3. The contract between us
We must receive payment of the whole of the fee for the Marketing Solution that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide on registration. Our acceptance of your order brings into existence a legally binding contract between us.

4. Fee
The fee payable for the Marketing Solution is as set out on the Website.

5. Accessibility of Marketing Solutions
Once your Marketing Solution has been completed and is available for collection by you, we will e-mail a reference number (the "Question ID") to the e-mail address you have provided. To collect the Marketing Solution, you will need to login to the website using the account username and password under which the original brief was submitted, select 'collect an idea' from the 'consult' menu options, and enter the Question ID.

We use our reasonable endeavours to make your Marketing Solution available within 2 business days after your payment to us has cleared. For the purpose of these Terms, a "business day" shall not include weekends.

If, for any reason, you do not receive the e-mail notifying you that the Marketing Solution is available for collection, you should return to the website after two business days. Provided that your consultation is complete, the Question ID needed to access your Marketing Solution will also be available via the 'consultation history' menu option. If it is not, you should e-mail us immediately at enquiries@consulttheguru.com giving details of the account under which you submitted the brief, and sufficient detail that we may identify the specific Marketing Brief to which you have not received a Marketing
Solution.

Once the Marketing Solution has been made available to you it will be held at your own risk and we will not be liable for its loss or destruction.

We reserve the right to recommend the same or a similar Marketing Solution to a different customer, however we undertake not to recommend the same or similar Marketing Solution for use in the same 'geographical area of use' and same area of business described in your Marketing Brief within one year of the date of your consultation.

Subject only to the above caveat, ownership in the Marketing Solution shall pass to you once we have made it available to you for collection from the Website.

6. Your obligations
YOU ACKNOWLEDGE AND AGREE:

(a) that all information, data, text, photographs, messages and other materials that you supply to us via the Marketing Brief are your responsibility ("Content"). This means that you and not us are entirely responsible for any and all Content that you send via the Marketing Brief. Under no circumstances will we be liable in any way to any third party for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, uploaded or otherwise transmitted via the Marketing Brief, or for breach of any intellectual property right in such Content;

(b) not to provide any Content that (i) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene or invasive of another person’s privacy; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships, (iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any other party; or (iv) contains software viruses or any other computer code, files or programmes designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(c) to fully and effectively indemnify us against any and all liability (howsoever arising) in connection with all claims, demands, losses, costs, charges and expenses (including without limitation legal expenses) arising from or incurred by your breach of these Terms.

(d) to grant us a non-exclusive and irrevocable licence to use such Content for the purpose of providing the Marketing Solution to you.

7. Cancellation by us
You agree that we may, in our absolute discretion, terminate your password, account (or any part thereof), and remove and discard any Content for any reason, including, without limitation, for lack of use or if we believe that you have violated these Terms. We may also in our absolute discretion and at any time discontinue providing Marketing Solutions, or any part thereof, with or without notice. You agree that any termination of your access to Marketing Solutions under any provision of these Terms may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Marketing Solution. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Marketing Solution. If we do cancel your contract we will notify you by
e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

8 EXCLUSIONS AND LIMITATIONS

8.1 WE TAKE NO RESPONSIBILITY FOR THE CONTENT OR GRAPHICS OF THE MARKETING SOLUTION AND ACCEPT NO LIABILITY FOR YOUR IMPLEMENTATION (OR OTHERWISE) OF THE
MARKETING SOLUTION. THE ENTIRE RISK AS TO USE OF THE MARKETING SOLUTION, SOFTWARE, THE WEBSITE AND ANY CONTENT CONTAINED THEREIN OR DERIVED THEREFROM IS WITH YOU. ACCORDINGLY, WE DO NOT WARRANT THE ACCURACY, ADEQUACY, RELIABILITY OR COMPLETENESS OF THE MARKETING SOLUTIONS, SOFTWARE, THE WEBSITE OR ANY CONTENT; THAT THE MARKETING SOLUTION, SOFTWARE, THE WEBSITE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS; OR THAT YOUR USE OF THE SERVICE, SOFTWARE, THE WEBSITE OR THE CONTENT WILL BE UNINTERRUPTED, ERROR, BUG OR VIRUS FREE. ACCORDINGLY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MARKETING SOLUTION, SOFTWARE, THE WEBSITE AND ANY CONTENT IS PROVIDED ON AN “AS IS” BASIS AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING MARKETING SOLUTIONS, THE WEBSITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

8.2 YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF CONTRACT, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM USE OR INABILITY TO USE THE MARKETING SOLUTION, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, STATEMENTS OR CONDUCT OT ANY THIRD PARTY ON THE MARKETING SOLUTION OR ANY OTHER MATTER RELATING TO THE MARKETING SOLUTION, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MARKETING SOLUTION.

8.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE LIMITATIONS SET OUT IN THESE TERMS AND CONDITIONS MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER. TO THE EXTENT THAT ANY LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE WE WILL ONLY BE LIABLE FOR DAMAGES UP TO A MAXIMUM TOTAL OF THE CHARGES YOU HAVE PAID FOR ACCESS TO THE MARKETING SOLUTION.

8.4 EXCLUSION OF THIRD PARTY LIABILITY
THE WEBSITE MAY CONTAIN LINKS TO OTHER THIRD PARTY WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT

(A) WE HAVE NO CONTROL OVER THIRD PARTY WEBSITES WHICH YOU LINK TO THROUGH THE WEBSITE;

(B) WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH THIRD PARTY WEBSITES;

(C) WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY
CONTENT, ADVERTISING PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTY WEBSITES; AND

(D) WE ARE NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEBSITES.

9. Notices
Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be sent by e-mail to enquiries@consulttheguru.com and all notices from us to you will be displayed on our Website from to time.

10. Variations
We reserve the right at any time without notice to revise the content of our Website (including the services offered by us) and these Terms and conditions. Any changes to these Terms and conditions will be posted on our Website and by continuing to use our Website following any such change you will signify that you agree to be bound by the revised Terms and conditions of use.

11. Credit card security and registration
We use the services of WorldPay.co.uk to process payments: WorldPay.co.uk implements secure payment software to prevent any person from gaining access to your credit card information whilst it is being transmitted across the internet. For further information about WorldPay.co.uk (including details of their secure server) please visit the shopper help section of their site:https://support.worldpay.com/shopper.

If you discover that Marketing Solutions have been ordered from Consulttheguru over our Website using your credit card details in circumstances where you had not agreed to or authorised this, (except where such use is as a result of a stolen credit card) then (provided you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card details or password)
Consulttheguru is required to refund to you the money it receives provided that:

(a) you inform your credit card company and us of the unauthorised purchase as soon as you discover it; and

(b) you co-operate with your credit card company, us and, if necessary, the police in relation to the unauthorised use.

12. Events beyond our control
We shall have no liability to you for any failure to deliver Marketing Solutions you have ordered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

13. Invalidity
If any part of these Terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

14. Privacy
You agree that we may collect, store and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the Terms of our privacy policy.

15. Copyright
All right in the design, text, graphics of the Website and the selection and arrangement thereof are the copyright of us and third parties. Permission is granted to electronically copy and print in hard copy portions of our Website solely in connection with the acquisition of Marketing Solutions through our Website. Any other use of materials on our Website (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.

16. Third party rights
Except where expressly provided to the contrary, these Terms are not intended to be for the benefit of, and shall not be enforceable by, any person who is not named at the date of these Terms as a party to it or any person who claims rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise and neither party can declare itself a trustee of the rights under it for the benefit of any third party.

17. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

18. Entire agreement
These Terms, together with our current Website fees, password details, contact details and privacy policy, supersede all previous conditions, understandings, commitments, agreements or representations (other than fraudulent misrepresentations) whatsoever whether oral or written relating to your use of the Website and/or the provision of the Marketing Solution and constitutes the entire agreement between us.

19. Confidentiality
All Content supplied by you shall be treated by us as confidential information and we shall not disclose it to any third party without your prior written consent. However, this shall not apply to any Content provided to us that (i) is already in our possession prior to its receipt; (ii) is subsequently disclosed to us lawfully by a third party who did not obtain such information (directly or indirectly) from you; or (iii) is in the public domain at the time of receipt. We may disclose Content to our legal, financial and other business advisors (in each case in so far as such advisors need to know such Content) or as may be required by law.

If you would like a written Non Disclosure Agreement in place prior to using www.consulttheguru.com, please click here to download one. Complete the agreement, and return a copy to consulttheguru, 17-21 Tideway Yard, Mortlake High Street, London, SW14 8SN in order to bring it into force (although note that all information is treated as confidential, regardless of whether a written agreement is in place).

consulttheguru.com
November 2004.