Access to consultancy provided through mca express is subject to the following terms:
By ticking the box on the mca express page you, (“the client”) agree to and accept all the following terms, without which you will not be able to receive advice through mca express. When accepted, these terms shall form the basis of a legally binding contract between murphycobb & associates limited (company number and the client.
These terms may not be varied unless agreed in writing and signed by a director of murphycobb.
1. Definitions
In these Terms, the following words and expressions have the following meanings:
“Client” or “you” means a user of MCA Express.
“Consultancy” means the advice provided to the Client by a Consultant through MCA Express.
“Consultant” means a consultant employed or engaged by MurphyCobb who is appointed by MurphyCobb to provide Consultancy.
“MurphyCobb”, “we” or “us” means MurphyCobb & Associates Limited, a company registered in England and Wales with registration number 5665258 and whose registered office is at 10 Orange Street, Haymarket, London WC2H 7DQ, and its assignees
“MCA Express” means MuphyCobb’s on-demand consulting services whereby clients may book telephone sessions with consultants by the hour via the web site at murphycobb.com. A call between the client and the required consultant happens at the agreed date and time.
“Personal Data” means any information about an individual from which that individual can be identified, which has been provided to us by you or by someone else on your behalf, in connection with the providing of Consultancy.
“Web Site” means the web site atwww.murphycobb.com.
2. Data Protection
In connection with providing Consultancy, we will act as Data Controller and process Personal Data in accordance with the UK General Data Protection Regulation (UK-GDPR) and the Data Protection Act 2018. We may process Personal Data for the purposes set out in our Privacy Policy, which may be found on the Web Site.
3. Confidentiality
We undertake that we and our Consultants shall keep any confidential information that the Client may provide to us confidential (only disclosing such information to those Consultants as may be required to provide the Consultancy and our professional advisers) and not disclose this to any third party without the Client’s prior written consent. This obligation of confidentiality shall not extend to: information which is or comes into the public domain (other than through our default); information which we learn or have learned from a third party acting in good faith who has not derived the same directly or indirectly from the Client; or any disclosure required by any governmental or other competent authority.
4. Intellectual Property
Unless we agree otherwise with the Client, all copyright and other intellectual property rights which exist in any documents, materials or communications with the Client which are developed, generated or created by us or any Consultant in the course of providing the Consultancy will remain our property. The Client will be granted a non-exclusive perpetual licence to use such documents, materials and communications for the purpose for which they were created. The Consultancy is provided exclusively for the Client and MurphyCobb has no liability to any third party for any aspect of the Consultancy which the client may make available to them.
The fees payable by the client for the consultancy service will depend on the duration of the meeting, country and the topic for discussion. The client will be contacted by MCA to make payment before the meeting and via Stripe payment platform.
MCA Express and the Consultants will provide the Consultancy with reasonable skill and care. Except in the case of death or personal injury, or fraud, the Client understands that MurphyCobb’s liability is strictly limited by these Terms. In no event shall MurphyCobb, or its directors, officers, or Consultants be liable for any direct or indirect losses or damages whatsoever or howsoever incurred as a result of any Consultancy provided, including, without limitation, lost profits, lost opportunities, except to the extent which it is strictly unlawful to exclude such liability. The Client agrees that MurphyCobb’s liability shall be limited to a maximum of the fees paid by the Client for any Consultancy from which MurphyCobb’s liability arose, as agreed liquidated damages. MurphyCobb gives no undertaking as to the availability of MCA Express or of any particular Consultant at any particular time.
Without prejudice to any other rights, MurphyCobb may terminate the Client’s right to use MCA Express and any to terminate any contract in connection with MCA Express without notice if the Client does not comply with these Terms or shall have a receiver or administrative receiver appointed or shall pass a resolution for winding-up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction shall make an order to that effect or if the Client shall become subject to an administration order or shall enter into any voluntary arrangement with its creditors or shall cease or threaten to cease to carry on business.
No person who is not a party to the contract between MurphyCobb and the Client shall have any rights under the Contracts (Rights or Third Parties) Act 1999 or any right to enforce any of these Terms.
MurphyCobb shall not be liable for any default or delay in the performance of its obligations under the Terms of MCA Express if and to the extent and while such default or delay is caused directly by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions, strikes, lockouts, epidemic, pandemic or any other similar cause beyond the reasonable control of MurphyCobb.
These Terms constitute the entire agreement between the Client and MurphyCobb with respect to its subject matter and supersedes all prior representations, proposals, and agreements in relation thereto. No failure or delay in exercising any right, power, or remedy shall operate as a waiver of any such right, power or remedy. If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these Terms shall be fully enforceable and legally binding.
These Terms shall be governed by the laws of England and the parties hereby agree to the exclusive jurisdiction of the English courts.