Terms & Conditions

These terms and conditions govern the use of The Memoir Writing Club website (www.thememoirwritingclub.com)

By using the Site, you acknowledge and signify that you have read, understood, and agreed to be bound by these terms and conditions. If you do not accept and agree to these terms and conditions, you may not use this website. This Website is for use by people who are 18 years and over only.

Access to and use of The Memoir Writing Club website and interactive online memoir writing course entitled The Memoir Writing Workshop is provided by The Memoir Writing Club on the following terms:  

1. CONTRACT: No contract will subsist between you and Irene Graham t/a TMWW for a sale to you of any services unless and until TMWW accepts your order by welcome e-mail letter confirming that it has accepted your payment. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time TMWW sends the welcome e-mail letter to you (whether or not you receive that e-mail).

2. ACCEPTANCE: Acceptance on a course, program or in a workshop is at the sole discretion of The Memoir Writing Club.

3. PARTIES AND REGISTRATION: TMWC means The Memoir Writing Club, and its employees and agents. ‘YOU’ means the person specified as the user in the registration form. ‘Services’ means the entire content of this website, including any facilities, products, applications and information (as defined below).

4. WEBSITE AND USE: You are entirely responsible for any and all activities in your use of the site. You agree to notify us immediately of any unauthorised use or any other breach of security.

5. PRICE OF GOODS: The price listed on the Website (the ‘Price’) for services (the “Services”) will be as stipulated at the time when you place your order on the website. We are entitled to make adjustments to the price to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission the Price for the Services on the Website is wrong.

6. WEBSITE: PRIVACY & DATA USE: All personal data is stored for the use of handling orders only and will never be passed on to third parties. We use Realex Payments exclusively for our credit card processing. Realex automatically encrypts your confidential information using the Secure Sockets Layer protocol (SSL) with an encryption key length of 128-bits (the highest level commercially available).

7. WEBSITE AND USE: You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the Website. All information, designs, drawings and other specifications provided on the Website are the exclusive property of Irene Graham t/a TMWW. Any copying, transmission or re-transmission of the same requires the prior written approval of Irene Graham.

8. INTELLECTUAL PROPERTY RIGHTS: All intellectual property rights including all copyrights, trademarks, design rights, patents and other intellectual property rights (registered and un-registered) in all content located on this site and in the products and services sold pursuant to this site shall be remain vested in the Author, Irene G. Graham. Unauthorised copying, reproduction, re-publishing, disassembling, decompiling, downloading, posting, disseminating, broadcasting transmission, making available to the public or other use not specifically consented to herein will constitute an infringing use. The content of this website or any products or services acquired here from shall not be put to any use save your own personal use and under no circumstances shall any commercial benefit be derived from any such unauthorised use or otherwise.

9. DELIVERY: Deliveries of premium services are outlined on the each of the following pages: Memoir Writing Course Online | Private Writing Classes | Book Writing Coach Irene Graham. Course fee durations are also provided on these individual pages. When our Online Memoir Writing Course and our Private Writing Classes participant fees are entitled to a copy of The Memoir Writing Workbook to be used as a textbook for course material throughout The Memoir Writing Workshop online writing course, we will endeavour to deliver the Product to you within 7 working days of the Start Date of your chosen course within the island of Ireland, and 10 working days of the Start Date of your chosen course to the US and Europe, and up to 14 working days of the Start Date of your chosen course to the rest of the world.

10. PAYMENT: ACCESS TO THE MEMOIR WRITING CLUB IS FREE. Premium services are available for which payment is required.  You agree to pay any fee for any of the premium services that you use which are not free of charge.  Where you have chosen to make payment by credit or debit card, the fees are payable in advance upon enrolment into your chosen Start Date for our Online Memoir Writing Course or Private Writing Classes or Book Writing Coach Services from Irene Graham and are non-refundable except if The Memoir Writing Club gives you notice to terminate without cause. TMWC do not charge course textbook delivery fees. TMWC do not reimburse course material textbook fees.  The website has afforded you an opportunity to part-take in free demonstrations prior to entering into any agreement and paying any fee.  Once your fee is received and acknowledged and you have access to your course it will no longer be possible to provide any further cooling off periods and by accepting these Terms and Conditions you are giving up your right to a further period to reconsider your commitment to this agreement.  TMWC may send you an email or write to you prior to the expiry of your course or classes.  If we do not hear from you within 1 day of sending our email or letter, we reserve the right to downgrade your access levels to that of our free services only upon expiry of your current course fees. Your course access will be restored following payment and on the start date of your chosen course.

11. AVAILABILITY OF INFORMATION: The Memoir Writing Club reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Services at its sole discretion. It is your responsibility to refer to the changes. They may, at TMWC’s absolute discretion come into effect immediately on posting. TMWC does not warrant any connection, transmission over, security of or results from the use of any network connection or facilities provided (or omitted to be provided) in connection with the Services.

12. USER NAME & PASSWORD: You are responsible for all use of the services made using your username and password, whether or not the use is made by you or someone else using your username and password. You are responsible for protecting and securing your username and password from unauthorized use. If you believe there has been a breach of security of your username you should notify The Memoir Writing Club. TMWC at its absolute discretion, reserves the right to refuse a user permission to use any particular user name and/or password.  It is not permitted to impersonate or to attempt to impersonate another user or to make use of or attempt to make use of another user’s user name or password and any such actions may result in legal action, including criminal prosecution.

13. INFORMATION POSTED BY YOU: You may post information on the Service (i.e. the writing classroom, writing forum, writing network) and make it available to other users. You may only use the website and Services at TMWC’s sole discretion and TMWC may at any time decide to terminate your registered user account, or else withdraw your access to all of the website and Services, immediately and without notice to you. TMWC does not monitor, approve, endorse or exert editorial control over information posted by users and does not therefore accept responsibility for or make any warranties in connection with or recommend that you or any third party rely on such information.

TMWC reserves the right to remove any such information from the Services without warning and to inform and give assistance to the regulatory bodies in respect of any transgressions. We accept no responsibility for and give no warranties in connection with any information posted on our site by our users. We recommend that you do not rely on such information. Any information posted on our Web site by users has not been issued or approved by TMWC. By placing on the Services or making available to other users any information you hereby grant TMWC a worldwide non-exclusive license to use copy, distribute, publish and transmit such information in any manner TMWC wishes (including, without limit, archiving and making available such information as part of the Services). If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts. You may not submit or share any defamatory or illegal material of any nature in The Memoir Writing Club communities. This includes text, graphics, video, programs or audio. Contributing materials to The Memoir Writing Club community with the intention of committing or promoting an illegal act is strictly prohibited. You shall be held liable for any loss or damage incurred or arising as a result of the posting of such illegal or prohibited content.

14. CONTRIBUTING MATERIALS TO THE MEMOIR WRITING CLUB COMMUNITY: You agree to not post (or transmit) (i) any information which in TMWC’s sole opinion is objectionable including, without limit, information which is defamatory, obscene, threatening, untrue or in breach of any applicable laws, rules, regulations, including, without limit, (ii) any information which is in breach of any person’s rights (including without limit, copyright and confidentiality), (iii) any information or software which contains a virus, cancelbot, Trojan horse, worm or is otherwise harmful or, (iv) any information which (in TMWC’s sole opinion) constitutes advertising or, (v) any information outside the area designated for posting or,(vi) any information or comment which (in TMWC’s sole opinion) is deemed harmful to TMWC or TMWC’s commercial interests or, (vii) you represent and warrant that you own the Material posted by you or otherwise have the right to grant the licence set forth in Clause #13 Above and (viii) the posting of the Material does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. (ix) you agree to pay for all royalties, fees, and any other monies owing any person by reason of any material posted by you to or through The Memoir Writing Club.

15. TERMINATION: This agreement will continue unless terminated in accordance with the following provision if you (i) are in breach of any of terms of this agreement (in particular, clause  #13 above) or any generally accepted guidelines on Internet usage and etiquette (such as restrictions on mass mailings and mass advertisements, pirating or copying software, mail bombing or attempts to violate security), (ii) you do or fail to do any act which jeopardises the continuance of the Services, then TMWW may withdraw the Services from you, immediately and without notice or compensation and such termination shall be considered “with cause”. TMWW will then be under no further obligation to you. TMWW may also exercise the right of termination set out in clause #13 above.

16. GENERAL : Any notice from TMWC to you may be delivered by e-mail or post to you at your last known address. Evidence of posting (either electronically or otherwise) shall be taken as evidence of delivery. This agreement shall be governed by Irish Law. All disputes arising from or in connection with this agreement shall be subject to the non-exclusive jurisdiction of the Courts of the Republic of Ireland. If any term of this agreement is held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect. The provision in question shall be replaced by a valid and enforceable term which corresponds, so far as possible, with the original. Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy. All disclaimers, indemnities and exclusions in this agreement shall survive termination of this agreement. Neither you nor TMWC shall be held liable for any loss or failure to perform any obligation hereunder due to causes beyond your or their respective reasonable control. This agreement replaces all terms and conditions previously applicable to the provision of the Services or any of them. We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.

17. WEBSITE: ADVERTISING: We reserve the right at all times to place advertisements and promotions on the Website. Advertisers and sponsors on the Website are solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused there from.

18. ACCORDANCE WITH SPECIFICATION: All descriptive matter, drawings, pictures, colours, specifications and advertising on the Website are for the sole purpose of giving an approximate description of the Products and Services.

19. DISCLAIMER OF WARRANTIES: The information contained in the Website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the Website is provided “as is” and “as available” and without warranties or conditions of any kind either express or implied. We do not warrant or represent that the use or the results of the use of the materials available through the Website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights. If any links to other websites appear on this site The Memoir Writing Club accepts no responsibility or liability for the content of that web site (whether under our control or otherwise).  Any link is not intended to be, nor should be construed as, an endorsement of any kind by us.

20. ADVICE: You acknowledge that The Memoir Writing Club, The Memoir Writing Workshop and/or The Memoir Writing Workbook is for guidance only. While every care has been taken in relation to them the author gives no warranty or undertaking with regards to the matters set out therein or their suitability for you. You are aware that you should seek the appropriate independent advice before entering into any binding contract and that the decision to enter into any binding contract has been taken solely on the basis of your own personal judgment and experience. Having taken such independent advice you acknowledge that no representation, warranty, inducement or promise express or implied has been made by the author /owner of The Memoir Writing Club and The Memoir Writing Workshop and The Memoir Writing Workbook or can be inferred from the content therein or herein or can be relied upon by you in entering into any contract in relation to the within matter.

21. RECORDING: As a participant in The Memoir Writing Workshop interactive online memoir writing course you acknowledge that the content of all Audio Tutorial recordings provided in The Memoir Writing Workshop in The Memoir Writing Club website are strictly not downloadable. You also acknowledge that the content of any Audio Tutorials or recordings on any part of the site are strictly not downloadable.

22. LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Services. In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed €100. We do not guarantee that (i) use of this site will be compatible with all hardware and software, (ii) use of this site will be uninterrupted or error or virus free, (iii) use of this site will delivery any specific outcome for its users or, (iv) defects will be corrected.

23. PROPRIETARY RIGHTS TO CONTENT: You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the Website, by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

24. MODIFICATION OF TERMS: We reserve the right to change the terms of use or policies regarding the use of the Website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on the Website.

25. COMPLETE AGREEMENT: These terms and conditions (including the privacy statement) contain all the Terms and Conditions applicable to your use of this Site. Nothing contained on this site is intended to be, nor should be construed as an offer by us to enter into, a contractual relationship with you or anyone else except on these Terms and Conditions.

26. LAWS: The terms of use shall be governed by and construed fully in accordance with the laws of the Republic of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

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