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Terms & Conditions
By using our website or purchasing our products and services you agree to the following terms and conditions. 1. LIABILITY a) You will not hold us responsible for any damage, loss of earnings, or any other negative consequence as a result of using our website, products or services. b) For booked courses you should avoid making travel plans that cannot be altered in the event the course is cancelled by us. We will not be held liable by you for any costs incurred (e.g. travel and accommodation) in relation to the cancellation of the course other than the course fees itself, as set out in our cancellation policy. 2. PAYMENTS a) All payments will be handled through our payments partner Stripe. By making payments to us via Stripe you agree to Stripe’s terms and conditions.https://stripe.com/gb/checkout/legal b) All products and services must be paid for, in full, in advance. 3. DELIVERY OF YOUR ORDER a) If you order a product or service from us, then we will make best efforts to deliver it to the specification as detailed on the website and store pages or as otherwise agreed. b) We state typical delivery times for all our products. If we are unlikely or unable to meet those delivery times, we will let you know up-front and offer a full refund. c) If, during the process of the work being conducted, we identify that we will be unable to meet specified or agreed delivery times, we will let you know as soon as possible and agree a revised delivery time. If we cannot agree a revised delivery time we will cease work and provide a full or partial refund, dependent on the degree of work completed (e.g. if we have completed 2 out of 3 scripts to a finished state then we will only refund the part fee for the 3rd unfinished script). d) All courses will only be run if a minimum threshold number of students book the course. We will confirm that a course is running 1-2 weeks before the course starts. e) Once purchased, 1-2-1 Coaching will begin at a date agreed with you. Once started, all 1-2-1 coaching sessions must be completed within the timeframe specified at the point of purchase. Any questions or support requested outside this timeframe will be delivered at our discretion. Any missed sessions must be rescheduled in agreement with us. CHANGES TO YOUR ORDER a) From time to time we may need to make changes in the nature of our products and services delivered: i) For minor changes that don’t materially affect the content or quality we will let you know of these changes at the point of delivery. For courses involving guest speakers, we may from time to time need to substitute the speaker for another of similar quality and experience - this will count as a minor change. ii) For notable changes affecting content or quality we will inform you as soon as possible and offer a part-refund based upon the size of the change. iii) For significant changes affecting content or quality we will let you know as soon as possible and you offer you the chance to receive a full refund. b) If you wish to change your order, then you must contact us with your request at the earliest possible opportunity. Changes that materially increase the size, scope or nature of your order may incur an additional charge and impact delivery timeframes. Changes that materially reduce the size, scope or nature of your order may be eligible for a partial refund, to be made at our discretion (dependant upon commitments made and cost incurred to date). Any additional charges must be paid up front before the change can be made. 4. CANCELLATION POLICY a) In the event WE cancel a script service, course or individual lesson, due to minimum student numbers not being reached, or for other reasons such as staff availability, tutor illness, venue unavailability, travel strikes etc. then we will offer you the choice of either a FULL REFUND (lesson fees will be calculated as a proportion of the course fee) or the offer or an alternative future service, course or lesson of a similar nature and standard. b) In the event that YOU wish to cancel your attendance at a COURSE then: i) If you let us know of your wish to cancel no later than 2 weeks before the course is due to take place we will issue you with a full refund for that course. ii) If you let us know of your wish to cancel less than 2 weeks before the course is due to take place a refund or part-refund may be issued at our discretion. iii) No cancellations are possible once the course has started. If you are unable to attend the rest of a course or an individual lesson then we may offer you, at our discretion, a place on a comparable course in the future, at no additional charge. c) If YOU wish to cancel a script service then you must do so within 48 hours of placing any order. We will then cease work and provide a full or partial refund, dependent on the degree of work completed (e.g. if we have completed 2 out of 3 scripts to a finished state then we will only refund the part fee for the 3rd unfinished script). 5. RIGHTS & SCRIPT SERVICE BACKUP a) We will store copies of any products created as part of script services we deliver to our Customers for the purposes of reference and backup, unless explicitly agreed otherwise. b) The following default rights will apply to products or services unless otherwise specified: i) Script Reports we write for you - we retain the rights to use, reproduce, copy and distribute a report for any purpose related to our business, at any point now or in the future. ii) Scripts we write for you - we retain no rights to scripts we write for you. Scripts development support - we retain no rights to ideas generated, notes provided or scripts polished. iii) Course materials, reading materials, coaching guides and creative templates (slides, handouts etc.) - we retain all rights to these materials. Any materials provided are for the personal use of the purchaser only and MUST NOT in any way be shared, copied, or resold in part of whole. 6. COMPLAINTS a) In the event that you are unhappy with any work we have conducted for you, or any training course delivered, then please let us know as soon as possible, stating: i) The issue you have experienced ii) The nature and size shortfall against the published or otherwise agreed specification iii) All relevant order details iv) What reasonable steps you expect us to take to correct the matter b) We will then review your complaint and take reasonable steps to address your concerns, taking into account the size and nature of the shortfall.
Privacy Policy
Why might we hold and process your data? In accordance with Article 5 of the GDPR (General Data Protection Regulation) (EU) 2016/679, Why did the Chicken? Limited, also trading as Podspike, our staff, subcontractors and 3rd parties (who help us deliver our services, understand who is using our services and improve their user experience) may hold and process your personal data for one or more of the following purposes or reasons: You have contacted us to ask a question, request support or make a complaint; You have subscribed to our newsletter / The Podcast Clinic; You are using one of our websites; You are hold a Pro Membership / are a Pro Member; You are a Business Class / Business customer; You have purchased one or more services from us; You have responded to one of our surveys; To enable us to fulfil an order from you; You have applied to work with us/are working with us, as a volunteer, intern, employee or subcontractor; Equality and Diversity monitoring of talent, guests, staff and subcontractors; You have provided us with feedback, a complaint or a testimonial; To understand more about who is using our website and their user experience, so we can make improvements to our site; To allow us to tell you about current and future services from ourselves and carefully selected 3rd parties offering complementary and relevant capabilities (noting we will not pass your data to these 3rd parties). Details of which data will be held and managed and when, alongside which services/tools we will use are provided in the following sections. What principles will we apply to this data and what rights do you have? For all the above listed purposes we will: Collect only the minimum data required to fulfil the purpose; Use any data only for the purpose for which it was intended; Ensure we hold the correct data for the purpose; Keep the data for only as long as is necessary; Apply appropriate security. In accordance with GDPR, individuals have the right to: Be informed about the collection and use of their personal data; Be told our purposes for processing their personal data, our retention periods for that personal data, and who it will be shared with; Access their personal data and supplementary information; Have inaccurate personal data rectified, or completed if it is incomplete; Have personal data erased; Request the restriction or suppression of their personal data; Obtain and reuse their personal data for their own purposes across different services; Object to processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling); direct marketing (including profiling); and processing for purposes of scientific/historical research and statistics. Any requests can be made in writing via data@podspike.com. What specific information will we collect? When you visit and use our website the following specific types of information may be collected/tracked by us and 3rd parties we work with (e.g. Hotjar) to better understand our customers and their user experience, improve our website and deliver our services: Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed; Location, IP address, device type, device screen size, preferred language and browser information: we’ll use this for purposes like understanding your user experience, estimating taxes and shipping; Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order; How you interact with our website, including time spent, your journey and links clicked on/actions; We’ll use a range of cookies covering Necessary, Functional, Analytics and Marketing purposes as described in our Cookie consent pop-up you’ll see when you first visit the site (and periodically over time). If you contact us using the contact form on the website then we will ask for your name and email address, both of which will be used to respond to you using Gmail. If you contact us via email or chat then we will store relevant information such as your name, email address, podcast name and nature of your query/question. Information will be processed via Gmail and ticketing system Freshdesk. If you subscribe to The Podcast Clinic newsletter then we will use your email address (and if supplied, your name) to send you our monthly newsletter, as well as occasional marketing messages relating to our and relevant 3rd party services. Information will be processed using Mailchimp. If you register for a Pro Membership/create an account on the website we will ask you to provide your name, email address, podcast name, a link to your podcast, country of residence and credit card/payment details. We'll also ask you to create a username and password when registering for an account and store details about your purchase history on our website. Information will be processed using WooCommerce, AutomateWoo, Zapier, Freshdesk and Postmark. If you make a purchase on the website we will ask you to provide your name, email address, podcast name and link, country of residence and credit card/payment details. Information will be processed using Stripe, WooCommerce, AutomateWoo, Zapier, Freshdesk and Postmark. If you make a purchase from us outside of the website we’ll ask you to provide relevant details such as your name, email address, a phone number, podcast name and link and billing details. Information will be processed using Gmail, Starling Bank and Google Docs. Once a Powerup/service has been purchased we may ask you to provide further necessary information in order to deliver that service e.g. your Podcast Cover Art, social media account names, listener numbers etc. Information will be processed using Gmail and Freshdesk. If you contact or engage with as us as a subcontractor or staff member we will store relevant information about your skills, experience and availability, alongside relevant contact, diversity monitoring and payment details. Information will be processed using Gmail, Starling Bank and Google Docs. If you make a complaint, provide feedback or a testimonial we will store relevant information about the podcast/content, complaint, feedback or testimonial, alongside your contact details. Information will be processed using Gmail, Google Docs and Freshdesk. If you contact or engage with us in any other way, we will store only the relevant information necessary to enable this contact or engagement. In all instances we may use this information in order to: Set up your account with us; Send you information about your account and order; Update you on the progress of your order; Enable delivery of your order; Respond to your requests and questions, including refunds and complaints; Process payments and prevent fraud via Stripe; Comply with any legal obligations we have, such as calculating taxes; Improve our store offerings; Request feedback and testimonials from you; Send you marketing messages, if you choose to receive them. What steps will we take to protect your data and keep it safe? Staff and subcontractors of Why did the Chicken? will be expected to implement and maintain sufficient technical and organisational security measures in order to protect any Personal Data. As a minimum these are to include: Use of password protection on any email and customer service accounts, computers and smartphones used in the provision of your services; Ensuring passwords are known only by authorised and appropriate individuals; Ensuring that any physical documents are stored in lockable premises; Ensuring that they confirm the identity of individuals who claim to work for us; Remaining vigilant to phishing and social engineering attacks. The measures taken by 3rd parties will be detailed in their respective policies (see below). Which 3rd parties might we pass data to, in order to provide our services? We will share necessary information, as described above, with the following third parties in order to provide our services to you: Mailchimp - read their privacy policy here; WooCommerce/Automattic - read their privacy policy here; Stripe - read their privacy policy here; Gmail - read their privacy statement here; Google Drive - read their privacy statement here; Freshdesk - read their data policy here; Starling Bank - read their privacy notice here; Zapier - read their privacy policy here; Postmark - read their privacy policy here; Hotjar - read their GDPR and Privacy Policy here.