MEDIA PASS MEMBERSHIP TERMS AND CONDITIONS

If you subscribe with a media pass membership (including Starter, VIP, Backstage & Access All Areas media pass membership), these subscription terms and conditions will apply to your use of the services in addition to Terms of Use and the Privacy Policy. Please note Access All Areas Media Pass also comply with further terms and conditions which you can access here.

In the event of any conflict, between these media pass terms and any other terms on our Site, these terms will prevail in relation to the media pass only. By subscribing to a media pass membership, you agree to be bound by these terms and conditions. However, these terms and conditions do not affect your statutory rights. You should print a copy of these terms and conditions for future reference.

SUBSCRIPTION TERMS
1.1 In these media pass membership terms, references to Media Matchmaker, we or us are to Media Matchmaker Limited and references to a subscriber or you are to a person subscribing to a media pass membership.

1.2 To subscribe for a media pass membership which allows you to have access to Media Matchmaker, you will either click ‘Join, Register or Subscribe’ and complete and submit the relevant payment form or have the offer to receive free membership for a limited time if applicable. In accepting the free membership for a limited time you are agreeing to the subscription terms. By clicking the ‘Join, Register or Subscribe’ button and completing and submitting the payment form, you are making an offer to take out a subscription to a media pass membership which, if accepted by Media Matchmaker in accordance with these terms, will result in a binding contract for the provision of the media pass membership service.

1.3 A contract for the subscription to the media pass membership service between you and us will be binding from when we send a confirmation or welcome email.

1.4 Subscriptions to a media pass membership are only made available on a ‘per individual’ rather than a ‘per organisation’ basis.

1.5 Please note that the a media pass membership service is only available business owners, sole traders and entrepreneurs in business. Our media pass membership services are not available to:

1.5.1 individuals who want to use the services in their personal capacity and not as part of a business; or

1.5.2 PR or marketing agencies, unless we have specifically approved this in advance.

1.6 To subscribe for a media pass membership service you must be at least 18 years of age.

1.7 Media Matchmaker has the sole and absolute discretion in determining whether it will accept or at any time continue to work with any subscription for a media pass membership service.

1.8 Media Matchmaker reserves the right to ask you at any time for confirmation and/or evidence in writing that you fall within the categories of eligible users of a media pass membership service as set out in paragraph 1.5 above. Any breach of this condition can result in cancellation of your subscription to a media pass membership service without further notice.

1.9 If you subscribe in error you must inform support@mediamatchmaker.co.uk within 24 hours of you completing and submitting the payment form or the payment being taken and you must not use the media pass membership services during that time. If any use can be traced to your account, no refund will be provided by us. If payment for this service is taken in error you must inform us within 30 days of the payment date, no refunds will be due thereafter.

1.10 In subscribing to a media pass membership service you agree to us using and processing your personal information in accordance with our Privacy Policy for the purpose of providing the media pass membership service to you.

PAYMENT FOR THE SERVICE AND ONGOING MONTHLY SUBSCRIPTIONS

2.1 Your credit or debit card may be charged for a one off set up fee of the monthly amount as agreed to include VAT to give you access to the media pass membership service. Thereafter, you will be billed monthly in arrears for the monthly subscription fee agreed, beginning 30 days from date of activation of your subscription. Renewals will be made using the same payment method as you originally selected when you subscribed and, unless we have notified you otherwise in advance, your subscription fee will remain fixed at the same rate plus inflation at which you originally subscribed for the media pass membership service.

2.2 Subscription to a media pass membership service is on a monthly or annually rolling basis (if applicable to your choice) and any fees are non-refundable. Invoices will be sent if requested by emailing support@mediamatchmaker.co.uk

2.3 For further information on subscriptions and pricing, please see the details on our media pass membership service subscription page.

2.4 Please allow 48 hours on a normal working day in the UK (ie a weekday which is not a bank or public holiday) after you have completed and submitted the payment form for your access details to be set up.

2.5 If you fail to make any monthly subscription payment or any payment is refused, your access to a media pass membership service may be suspended and you will still be liable to pay any outstanding fees. Suspension of your access to a media pass membership service does not release you from your contractual obligations to Media Matchmaker.

PAYMENT FOR THE SERVICE AND ONGOING ANNUAL SUBSCRIPTIONS

2.1 Your credit or debit card may be charged for a one off annual fee as agreed to give you access to the media pass membership service. Renewals will be made using the same payment method as you originally selected when you subscribed and, unless we have notified you otherwise in advance, your subscription fee will remain fixed at the same rate at which you originally subscribed for the media pass membership service plus inflation.

2.2 Subscription to the media pass membership service is on a monthly or annual rolling basis and are fees are non-refundable. Invoices will be sent on a monthly/annual basis if requested by emailing support@mediamatchmaker.co.uk.

2.3 For further information on subscriptions and pricing, please see the details on our media pass membership service subscription page.

2.5 If you fail to make any monthly subscription payment or any payment is refused, your access to the media pass membership service may be suspended and you will still be liable to pay any outstanding fees. Suspension of your access to the media pass membership service does not release you from your contractual obligations to Media Matchmaker.

ACCESS TO THE SERVICE

3.1 Log in details if provided for the media pass membership service are intended solely for your individual use. You agree not to share your username and password with any employees of your business or temporary or freelance employees, employees of subsidiary or associated companies or any other third-party individuals. Sharing of account access details is not permitted unless we have expressly authorised this. We have the right to request your job title/description and business sector to ensure this subscription is for your sole use.

3.2 You must keep your account access details safe and confidential and should not reveal your username and password to anyone else. If you use a shared computer, it is recommended that you do not save your account details in your internet browser.

3.3 Media Matchmaker reserves the right to change a subscriber’s username and/or password at any time by email sent to the subscriber at the email address used for that subscriber’s initial subscription to the media pass membership service.

3.4 In some circumstances, we may allow you access to the media pass membership service as part of a free or reduced price trial, after the trial has ended you will automatically be charged thereafter at the then current standard monthly subscription fee as set out on our Site, unless you cancel your subscription as set out in paragraph 5 of these media pass membership subscription Terms below. New customer trials if available are only for one time for one person per organisation. If you subscribe with a new customer trial more than once you will be liable for the fee in full. Each trial starts on the date as a full date and the remaining days will apply. No refunds are given if you do not cancel within your trial time via your platform.

USE OF MEDIA PASS MEMBERSHIP SERVICES

4.1 Payment of the subscription fee for the media pass membership Service grants you the right to use the enquiries and related information made available as part of the media pass membership Service for your use as part of your own business.

4.2 You agree that you will only respond to journalists enquiries that relate directly to you and your business and you will not promote any other person or business via the media pass membership or to any journalists you contact via the media pass membership service.

4.3 Enquiries are to be treated by you as proprietary and are not to be made publicly available or published by you or on your behalf. You must not pass information from our Site or the media pass membership service (including information emailed to you as part of the media pass membership) to any other person (with or without charge).

4.4 This restriction on use of enquiries and other information obtained via the media pass membership services also precludes you passing information to your employees, contractors or freelancers of your own business or of any subsidiary or associated company or any third parties, except with our written consent.

4.5 Any breach of this paragraph 4 can result in cancellation of your access to the media pass membership service without further notice.

Guarantee, Renewal and Termination

5.1 If the Subscriber has previously had a 12 monthly Subscription Period renewal for the next 12 month Subscription Period will automatically take effect if:

5.2. the Subscriber does not confirm in writing not less than one calendar month before the expiry of its current Subscription Period that it does not wish to renew; or

5.2.1 the Subscriber makes payment in part or in full for the next Subscription Period.

5.3 The Subscriber’s rights to use Media Matchmaker will terminate immediately upon any of the following events:

5.3.1 the Subscriber being in breach of this Agreement (including failure to make any payment required under this Agreement) and fails to rectify that breach within 7 days of Media Matchmaker giving written notice of the breach; or

5.3.2 if (in the case of a company) the Subscriber enters into any form of liquidation or has a receiver, manager or administrative receiver appointed over its undertaking or assets or (in the case of an individual) is made bankrupt or has a bankruptcy petition made against it which is not dismissed within 28 days of presentation.

5.4 If a subscription is terminated for any reason or the Subscriber fails to give the required notice of cancellation the Subscriber shall not be entitled to any refund for the unexpired term of any Subscription Period and shall remain liable to the Company for the balance of any charges payable for the remainder of the existing or any new Subscription Period.

5.5 Upon termination or expiry of this Agreement for any reason, the Subscriber agrees to make no further use of any data whether in electronic or data form obtained or derived from Media Matchmaker and the Company reserves the right to enter any premises during normal business hours for the purpose of ensuring compliance with this obligation.

5.6 Either party is free to cancel a subscription to the media pass membership service at any time. We may cancel your subscription if you fail to comply with these media pass membership subscription Terms at any time.

5.7 If you wish to cancel your subscription at any time, you may do so via your dashboard or email to support@mediamatchmaker.co.uk You should allow up to 3 working days for cancellation to be processed. Once you cancel your subscription, your access to the media pass membership service will terminate and access to the media pass membership service via our Site will cease. You will receive an email to confirm your cancellation via support@mediamatchmaker.co.uk If you do not receive confirmation of your cancellation your membership will remain active.

5.8 You need to be aware that all emails sent from Media Matchmaker will give you an option to unsubscribe from the relevant mailing list. Please note that clicking this link will remove you from our email list (so you do not receive emails from us in future) but it will not cancel your subscription to the media pass membership service. You must email us directly at support@mediamatchmaker.co.uk to cancel your subscription as detailed in paragraph 5.2 above.

5.9 The media pass membership service is intended for business owners and entrepreneurs and not for individuals subscribing in their personal capacity and not as part of a business. However, if we do agree that an individual may subscribe for the service in such a capacity, then if you subscribe for the media pass membership service over the telephone or via the internet you have a right to cancel your subscription. If you do this, you must notify us within 7 days of your subscription for the media pass membership service and we will then refund to you any sums you have already paid to us within 30 days. If you do have a right to cancel as set out above and you wish to do this, you can contact us via email at support@mediamatchmaker.co.uk

5.10 Our satisfaction guarantee is offered on the condition that you follow the programme in full over the agreed duration within the guarantee period. To qualify for the satisfaction guarantee, you must provide evidence that you have actively participated in the programme and completed all required steps. This includes attending the training sessions, implementing the strategies provided, and making a genuine effort to follow the programme as outlined. If, after following the programme fully, you do not achieve the expected results, you will be eligible for a full refund as part of the satisfaction guarantee.

INTELLECTUAL PROPERTY RIGHTS

6.1 Except as otherwise specified, the content of the media pass membership service is owned by us or, for example, in the case of enquiries, licensed to us for use as part of the service. Your right to use this information is limited as specified in paragraph 4 of these media pass membership Subscription Terms.

6.2 You should not make any use of the contents of the enquiries or the information you obtain from or about journalists posting enquiries except as permitted by these media pass membership Subscription Terms and the Media Matchmaker Website Terms of Use.

6.3 You agree to indemnify us and undertake to keep us indemnified against any and all liabilities, damages, losses, costs and expenses (including reasonable legal expenses and amounts paid in settlement of legal claims) arising directly or indirectly out of any breach by you of the provisions of these media pass membership subscription Terms, including (without limitation) any infringement of any person’s intellectual property right or privacy rights.

DISCLAIMERS

7.1 Enquiries, information and training sent to you as part of the media pass membership Services are submitted by journalists and are not subject to any verification or moderation by us, so we cannot give any assurances or accept any responsibility for their content. You are solely responsible for any decision you make as to whether to submit information in response to an Enquiry, information or training and submit any information at your own risk and having regard to the fact that the transfer of any information through the internet is not completely secure.

7.2 We take reasonable steps to ensure that all enquiries are submitted by journalists in good faith but cannot accept any liability or responsibility for any use made by a journalist or any other person of information you submit in response to an enquiry as we are not party to any communication or transaction between you and the relevant journalist.

7.3 We make the enquiries, information and training available to you as part of the VIP media pass membership Service but you are responsible for the use you make of any such use (having regard to the restrictions in paragraph 4 above) and we cannot accept any responsibility for any specific outcome arising from your decision to reply or fail to reply to any Enquiries.

LIMITATION OF LIABILITY

8.1 To the extent permitted by applicable law and subject to paragraph 8.3 below, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of: 8.1.1 any error or inaccuracies in any information or material within or accessed via the media pass membership service; 8.1.2 the unavailability of our media pass membership service for whatsoever reason; or 8.1.3 the content of any enquiries, information or training.

8.2 We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraud or fraudulent misrepresentation made by us in relation to the media pass membership service or for any other statutory rights which are not capable of being excluded as a matter of law.

8.3 Subject to paragraph 8.2 and 8.4, our maximum aggregate liability under or in connection with the provision of media pass membership service whether such liability arises in contract, tort (including negligence) or otherwise, shall in no circumstances exceed one and a half times the total subscription payments received by Media Matchmaker under these media pass membership Subscription Terms in the 12 months immediately preceding the event giving rise to the liability.

8.4 Subject to paragraph 8.2, under no circumstances shall we be liable to you for any loss or damage suffered (including, without limitation, indirect, consequential or special loss or damage) arising from your use of the media pass membership Service (including the content of the enquiries or the use made by any person of any information you submit in response to such enquiries).

8.5 Except as set out in these media pass membership Subscription Terms, any condition, warranty, representation or other term which might otherwise be implied or incorporated into these terms, whether by statute, common law or otherwise, are excluded to the extent that this is permitted by law. However, nothing in these terms shall operate to prejudice any mandatory statutory requirement or any statutory right you may have.

VARIATION OF MEDIA PASS MEMBERSHIP SERVICE

9.1 We reserve the right to alter the presentation and/or format of the media pass membership service at any time.

9.2 We may also make changes to the media pass membership service on reasonable notice.

GENERAL

10.1 If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining VIP media pass membership Subscription Terms and will not affect the validity and enforceability of the remaining provisions.

10.2 In the event that we fail to exercise any right or remedy contained herein, this shall not be interpreted as a waiver of that right or remedy.

10.3 In the event of any conflict between these media pass membership Subscription Terms and any prior versions thereof, the provisions of these media pass membership Subscription Terms shall prevail unless it is expressly stated otherwise.

10.4 Nothing in these media pass membership Subscription Terms shall confer any rights upon any third party under the Contracts (Rights of Third Parties) Act 1999.

GOVERNING LAW AND JURISDICTION

11.1 These media pass membership Subscription Terms are governed and construed in accordance with the laws of England and Wales.

11.2 In using the media pass membership Service you agree that the courts of England and Wales will have exclusive jurisdiction in relation to any dispute arising in relation to the Services on offer and any enquiries made available through it.