Smoothie PR Limited Website Terms and Conditions Last Updated 6th September 2017.
By using http://www.smoothiepr.com also referred to as the “Website” or the “Site”, all visitors, referred to as “User”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Smoothie PR Limited.
II. Use of the Site
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
III. Intellectual Property
Unless otherwise stated, copyright of all articles, blogs, information and materials found on http://www.smoothiepr.com belongs solely to Smoothie PR Limited. You may not reproduce or redistribute the articles, blogs, information, and materials found on http://www.smoothiepr.com without the express written permission of Smoothie PR Limited. Furthermore, the Site contains intellectual property owned by Smoothie PR, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Smoothie PR Limited name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent.
Smoothie PR Limited may offer goods or services (“product”) for sale on behalf of Smoothie PR Limited. By placing an order through http://www.smoothiepr.com you are offering to purchase a product on and subject to these Terms and Conditions. All orders of stated services are subject to availability. Delivery times if/when applicable may vary according to availability and subject to any delays resulting from postal delays or force majeure for which Smoothie PR Limited will not be responsible. In order to contract with Smoothie PR Limited through http://www.smoothiepr.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Smoothie PR Limited and http://www.smoothiepr.com retain the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the product(s). All prices advertised are subject to such changes. Prior to placing any order you will be asked to accept these terms and conditions. A contract between us will be formed after you have clicked the appropriate box to indicate your acceptance of the terms and conditions and tendered your payment. While we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Otherwise, ONCE THE FIRST WORKING DAY OF THE SERVICE YOU HAVE PURCHASED BEGINS , NO REFUNDS WILL BE MADE AVAILABLE. Delivery costs, if any, will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’. Any additional charges such as taxes, if any, will also be displayed before you are asked to submit payment. Upon receiving your order we carry out a standard authorisation check to ensure your payment method is valid and your payment will be processed. Once we are certain of your payment being processed your order will be fulfilled.
IV.A. 1:1 Services – Full Berry Blast
Full Berry Blast is the name of my 1:1 PR Services Package. It is a minimum 6-month programme of services after which time it becomes a month to month programme of services (it is up to you as the customer to cancel your monthly payment profile at the time you wish to leave the program, but no sooner than 6 months after beginning the program and one months’ notice must be given in advance of discontinuing these 1-1 services). You will be billed monthly for the month ahead on the same day of the month that you originally signed up. Even if you leave the program prior to the end of 6 months, you are still obligated to pay for the full 6 months. There are no refunds for Full Berry Blast. The cost of signing up to a minimum six-month, 10 hours per month Full Berry Blast 1-1 PR Package is £599 per month. This price is subject to change at the discretion of Smoothie PR, but monthly payments will not increase without client sign off.
Services included in this 1-1 Full Berry Blast PR package will include as a minimum but are not limited to:
- Initial one-hour meeting in person or Skype (geographical restrictions apply) to understand the background behind your brand and collect data about you and the business that can be used for pitching your products to journalists.
- A folder of your product assets including high res imagery and product descriptions to enable me to pitch within tight deadlines (assets to be provided by the client)
- Ten hours spread over each month dedicated to responding with pitches to PR opportunities released from various media outlets for your brand.
- Creating copy for pitches either independently with your sign off or, as a joint collaboration between you and us when only you have the specific details or experience (e.g. an article recounting one of your real life experiences).
- Weekly email check-in in case of any comments and questions.
- Access to a member of Smoothie PR 8.30am-6pm Monday to Friday on agreed platforms which may include one, some or all of the following: email, mobile, Facebook Messenger, What’s App. Although we cannot guarantee an instant response, you will be contacted as soon as they are available. These weekday timings do not apply in some cases including illness, holidays or attendance at events, but every effort will be made to alert you of periods of unavailability.
- Monthly report detailing activity during the month, publishing successes, key learnings and points to take forward to the next month. All clients will receive these services when purchasing the Full Berry Blast 1-1 PR package, although extra services may be added as the partnership progresses. Any new service that incurs further costs will not be added unless signed off by the client.
IV.B. Membership Club – The Smoothie Bar
The Smoothie Bar is the name of my Monthly Membership DIY PR Package. You will be billed monthly on the same day of the month and at the price that you originally signed up. It is up to you as the customer to cancel your monthly payment profile at the time you wish to leave The Smoothie Bar. There are no refunds for the Smoothie Bar once a payment has been made, even if you pay for the month ahead and decide to leave the next day. There is no minimum sign up period to be part of The Smoothie Bar once you have committed to payment of your first month. Although you will pursue most of the PR opportunities posted in The Smoothie Bar Facebook group yourself, there may be occasions when Smoothie PR will represent you as a client on your behalf, as and when the situation arises and you wish to accept. Therefore, you agree and accept that you are considered a client of Smoothie PR when signing up as a member of The Smoothie Bar for these specific incidences. Smoothie PR will not represent you for the majority of journalist requests posted within the Facebook group.
As a member of The Smoothie Bar, you agree not to share or republish any of the daily journalist request updates with others, either individually outside of the group or by using methods such as a screen shot or copy and paste to repost the content in other public places. This includes, but is not exclusive to, platforms such as other Facebook groups, websites or any other online or offline places. If such action is taken by a member, the matter will be investigated and will result in either:
a) A first and final warning
b) Immediate termination of contract as a member of The Smoothie Bar
There will be no whole or part payment refund available if you break the terms and conditions which cause your immediate termination as a member of The Smoothie Bar. There is no appeals process available and all decisions are final.
The cost of signing up to The Smoothie Bar Monthly Membership DIY PR Package is £49 per month. This price is subject to discount or change at the discretion of Smoothie PR, but monthly payments will not increase without client sign off.
Services included in The Smoothie Bar Monthly Membership DIY PR Package will include as a minimum but are not limited to:
- Membership of The Smoothie Bar closed Facebook group.
- Regular PR content in the form of Facebook posts, videos or downloadable content (such as PDFs) to teach you the basics of DIY PR for your food business.
- Expert Q&As covering a broad spectrum of topics to help your brand grow.
- Regular journalist requests specifically looking for food and drink products/specialists/small businesses owners, as well as general article requests which may be applicable to various stages of your business or life experience.
- Regular interaction and support from a member of Smoothie PR and other community members.
All members will receive these services when purchasing The Smoothie Bar DIY PR package, although extra services may be added in the future at no extra cost to the members.
IV.C. One-Off PR Services – Smoothie Shot
The Smoothie Shot is a one-off package where Smoothie PR will represent you as their client for one journalist’s request. Before buying a Smoothie Shot, the client agrees that they have the following assets immediately available to share with Smoothie PR:
- High res imagery including: you as the business owner, logo, lifestyle image of all products to be submitted both as a group and standalone and, cut out images without a background.
Journalist requests that are not available to be shared within The Smoothie Bar will be advertised in a descriptive way only and without specific details such as the name of publication / website / magazine or type of media. For example, an advert may use language such as: ‘North West regional magazine with distribution to 20,000 homes seeks new food products for monthly round up of healthy snacks.’
The Client agrees to purchase a Smoothie Shot based on the descriptive information only and cannot be refunded once the media publication or opportunity has been revealed. All Smoothie Shots have a lifespan of three months only once purchased and Smoothie PR cannot guarantee how many PR opportunities will be available within those three months due to journalists’ requests being ad-hoc in nature. If you choose not to take up any of the advertised opportunities within the three-month purchase period, refunds are not available for any unused Smoothie Shots. The deadline for using a Smoothie Shot can be extended at the discretion of Smoothie PR but the purchase of a Smoothie Shot should not be based on this condition. The price of each Smoothie Shot is subject to discount or change at any time and is down to the discretion of Smoothie PR.
For each Smoothie Shot you purchase, you will receive the following services:
- Full disclosure of the opportunity you are being pitched for
- Representation of you as my client to the journalist
- A tailored pitch for your specific product or story dependent upon the requirements of the journo request
- You will send high res images of your products as described above and Smoothie PR will create a bank of your photography to send the best fit for the opportunity
- Multiple follow ups to see if you’ve been accepted – journalists do not always reply so Smoothie PR cannot guarantee to confirm acceptance in every request
- Get a copy or link to the article if you are accepted for publication (where possible as this relies on it being supplied by the journalist)
In order for Smoothie PR to provide these services, you as the Client must:
- Send a bank of high res imagery including: you as the business owner, logo, lifestyle image of all products to be submitted both as a group and standalone, and cut out product images without a background.
- Fill out the background information form as sent by Smoothie PR to include all product information including full description of each product being submitted, nutritional information, stockists and key USPs of the product(s)
- Send samples of products to the journalist as directed by Smoothie PR if required
Journalists often work to tight deadlines so you must prioritise sending the information to Smoothie PR by each individual deadline given if you wish to be represented for the opportunity. As with all PR, there is no guarantee of acceptance by the journalist to feature you or your products when you are pitched for their story, and no refunds are available for the purchase of the Smoothie Shot if you are not accepted after being pitched.
V. Limitation of Liability
We will do our best to ensure all facts and statements on this site and in our materials are true and correct to the best of our knowledge. We will do our best to ensure all facts and statements in our work do not infringe upon any copyright or other right of a third party. However, Smoothie PR Limited can’t be liable to you, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages which may arise from your use of http://www.smoothiepr.com or your relationship with Smoothie PR Limited. The foregoing applies even if Smoothie PR Limited was advised of the possibility of or could have foreseen the damages. In those jurisdictions that do not allow the exclusion or limitation of liability for damages, liability is limited to the fullest possible extent permitted by law.
VI. Third Party Resources
The Site may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Smoothie PR Limited or http://www.smoothiepr.com. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
VIII. Governing Law
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of The UK as applied to contracts that are executed and performed entirely in The UK. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms and Conditions shall be The UK. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
The owners and operators of http://www.smoothiepr.com may revise these Terms and Conditions from time to time so please check back regularly to ensure you are familiar with the current version.
If any provision of these terms and conditions shall be unlawful, void, or for any reason
http://www.smoothiepr.com (the “Site”) is operated by Smoothie PR Limited. This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. We use your Personal Information only for providing and improving the Site and our voluntary email list. By using the Site, you agree to the collection and use of information in accordance with this policy.
- Information Collection
While visiting the Site you may be asked to provide certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name, email address, mailing address, phone number, and credit card information (“Personal Information”). Personal Information may be collected from users in a variety of ways, including, but not limited to, when users visit the Site, register on the Site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources made available on the Site. Users may, however, also visit the Site anonymously as Personal Information will only be collected from users if they voluntarily submit such information. Users can always refuse to supply Personal Information, except that it may prevent them from engaging in certain Site related activities. Like many site operators, we collect information that your browser sends whenever you visit our Site, such as your computer’s Internet Protocol address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third-party services such as Google Analytics that collect, monitor and analyse this data.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information. The Site operates an email list used to inform subscribers about information relevant to the Site as well as products and services supplied by the Site. Users of this Site can subscribe through an online automated process at their own discretion should they wish to do so. All personal details relating to email subscriptions are held securely. No personal details are passed on to third parties nor shared with companies or people outside of Smoothie PR Limited. You may request a copy of personal information held about you by the Smoothie PR Limited email newsletter program by emailing such a request to email@example.com. A small fee may be payable. Email marketing campaigns published by this Site or Smoothie PR Limited may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include but are not limited to; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity. This information is used to refine future email campaigns and supply the user with more relevant content based around their activity. In compliance with applicable laws, subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable, clear instructions on how to unsubscribe will be detailed instead.
- Third Party Websites and External Links
The Site only looks to include quality, safe and relevant external links, users are advised to be cautious before clicking any external web links mentioned throughout this Site. The owners of the Site cannot guarantee or verify the contents of any externally linked website. Users should therefore note they click on external links at their own risk and the Site and Smoothie PR Limited cannot be held liable for any damages or implications caused by visiting any external links mentioned.
- Social Media
Communication, engagement and actions made on external social media platforms that Smoothie PR Limited may participate on are made pursuant to the terms and conditions as well as the privacy policies held with each social media platform respectively. Be advised that Smoothie PR Limited will never ask for your personal or sensitive information through a social media platform. The Site may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer’s hard drive. Like many sites, http://www.smoothiepr.com uses “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of this Site.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, Smoothie PR Limited and the Site cannot guarantee its absolute security.
- Contact Us
http://www.smoothiepr.com Website Disclaimer Last Updated 6th September 2017
This disclaimer governs your use of this website, http://www.smoothiepr.com By visiting http://www.smoothiepr.com you accept this disclaimer in full. If you disagree with any part of this disclaimer you should not visit or use http://www.smoothiepr.com. By using http://www.smoothiepr.com, you agree that the exclusions and limitations of liability set out in this website disclaimer below are reasonable. If you do not think they are reasonable, you must not visit or use http://www.smoothiepr.com.
- No Warranties
http://www.smoothiepr.com is provided without any representations or warranties of any kind, express or implied. While the owners and operators of http://www.smoothiepr.com strive to ensure the information and statements posted on http://www.smoothiepr.com are accurate and up to date, the owners and operators of http://www.smoothiepr.com make no representations or warranties in relation to http://www.smoothiepr.com or the information, statements, or materials provided on http://www.smoothiepr.com. In addition to not guaranteeing the accuracy, completeness, or truth of the information posted on http://www.smoothiepr.com nothing on http://www.smoothiepr.com constitutes, or is meant to constitute professional legal or medical advice of any kind. If you require advice in relation to any legal or medical matter you should consult with an appropriately licensed professional.
Unless otherwise stated, the owners and operators of http://www.smoothiepr.com own the copyrights to all material posted on http://www.smoothiepr.com. Subject to the limited license below, all rights to copyrighted material are reserved.
You may view, download, and print pages, materials, and information from http://www.smoothiepr.com provided that:
a) you may not republish material from http://www.smoothiepr.com, including republication on another website
b) you may not reproduce, duplicate, copy, sell, or otherwise exploit the materials and information found on http://www.smoothiepr.com for a commercial purpose without the express written consent of the owners of http://www.smoothiepr.com.
- Limitations of Liability
The owners and operators of http://www.smoothiepr.com will not be liable to you in relation to the contents of, use of, reliance upon, or otherwise in connection with http://www.smoothiepr.com. The owners and operators of http://www.smoothiepr.com will not be liable for any direct, indirect or consequential loss or damage arising under this disclaimer or in connection with http://www.smoothiepr.com, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings. The liability of the owners and operators of http://www.smoothiepr.com if found to be liable in any sense, will be limited to the maximum extent permitted under applicable law.However, nothing in this disclaimer shall exclude or limit the liability of the owners and operators of http://www.smoothiepr.com for fraud, for death or personal injury caused by their negligence, or for any other liability which cannot be excluded or limited under applicable law.
- Third Party Websites
http://www.smoothiepr.com may contain links to third party websites and the owners and operators of http://www.smoothiepr.com are not responsible for the content of those third party websites.
The owners and operators of http://www.smoothiepr.com may revise this disclaimer from time to time so please check back regularly to ensure you are familiar with the current version.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.