224The Website Glow Up Terms and Conditions
This page tells you the terms and conditions (Terms) on which we supply any of the courses (Courses) listed on our website www.cariadcreative.co.uk (our site) to you. Please read these Terms carefully before ordering any Courses from our site.
You should print a copy of these terms and conditions for your future reference.
[Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Courses from our site.] OR [By placing an order on our site, you agree to these Terms and that these Terms take precedence over any other terms and conditions including your own terms of business, any course of dealing or any industry practice.]
1. Information about us
www.cariadcreative.co.uk is a site operated by Katrina Fouracre trading as Cariad Creative (“we” or “us”). Our address is Cardiff House, Cardiff Road, Barry, Vale of Glamorgan, CF63 2AW and our email address is [email protected]
2. Your status
By placing an order through our site, you warrant and confirm that:
(a) You are legally capable of entering into binding contracts;
(b) You are a registered business
(c) You are at least 18 years old;
(d) You will only use a Course for your business use and you may not sell, publish or distribute such document or use it in whole or in part to create another document.
3. How the contract is formed between you and us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order is an offer to us to buy a Course. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Course is available for access or download (the Download Confirmation). The contract between us (Contract) will only be formed when we send you the Download Confirmation.
3.2 The Contract will relate only to those Courses whose access or download we have confirmed in the Download Confirmation. We will not be obliged to supply any other Courses that may have been part of your order until the access or download of such Course has been confirmed in a separate Download Confirmation.
Your order will be fulfilled within 2 weeks (no later than 28th March 2022) on your receipt of the Download Confirmation but in the event that our automated systems do not work immediately, please contact [email protected] to advise us that the Course has not been made available for access or download. As our systems are automated, we shall not be liable for any delay in the access to or download of any Course.
5. Title and Intellectual Property
5.1 You will only be entitled to use the Course when we either receive full payment of all sums due in respect of the Course or your first initial payment has been made.
5.2 As between us and you, all Intellectual Property Rights and all other rights in any Course shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Course.
5.3 We shall enforce our Intellectual Property Rights in the Course to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLIING OR DISCLOSING A COURSE IS STRICTLY PROHIBITED.
6. Price and payment
6.1 The price of any Course will be as quoted on our site from time to time, except in cases of obvious error.
6.2 These prices do not include VAT
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Download Confirmation.
6.4 Payment for all Courses must be by such method of payment as is specified on our website.
6.5 If you have opted for a payment plan, you are obliged to meet the remaining payments when invoiced. Failure to make future payments will result in your access to the Course being revoked and your website removed, if you opted for the 1 year’s website hosting. You will also no longer have access to the Divi Theme or the Bloom Plugin. The payments already made will not be refunded.
7.1 You will have 14 days from purchase to request a refund for the Course you have signed up for. Should you wish to request a refund during that time, please email [email protected] to make the request. If requested within the required timeframe, you will be refunded in full. After 14 days refunds will not be available.
7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
8. Our liability
8.1 Our Courses are provided on an “as is” basis without any representations or endorsements made and without any warranty of any kind whether express or implied, other than where you are purchasing our Courses as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply.
8.2 If, for any reason, we are liable for any damages, other than those for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law), our total liability shall be limited to the amount of the Course purchased.
8.3 By purchasing a Course, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable. Arising out of or in any way connected with the use of a Course, under any law or on any basis whatsoever whether contractual or otherwise, except in relation to death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).
9. Written communications
You agree that our communication with you will be mainly electronic and via email. We may however also provide you with information by posting notices on our site. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Katrina Fouracre at Cardiff House, Cardiff Road, Barry, Vale of Glamorgan, CF63 2AW. We may give notice to you at the e-mail address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11. Transfer of rights and obligations
11.1 You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Entire agreement
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
16. Our right to vary these terms and conditions
16.1 We have the right to revise and amend these terms and conditions from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order Courses from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Download Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Course).
17. Law and jurisdiction
Contracts for the purchase of Courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
We will work together with a commitment of the below
Every Monday during the 11 week course a new module will be released. Katrina has specifically chosen programmes and features to include that she believes is the best option for your business. You are not obliged to use all the features and systems, and find alternatives if they do not meet your personal requirements, however, Katrina will not be able to provide support for each persons preferred tools.
Weekly Live Q&A and Demos
Every week (except for implementation weeks) there will be a 1-hour Live Q&A on a specific topic. Katrina will also provide a live Demo if required. If you cannot make the session, it will be available for you in your client area.
You will be invited to join a Private Facebook group for the duration of the programme so that you have access to others going through the same Course. Katrina will be in there to answer questions that she is tagged in and will do her best to answer all questions
1:1 Support and done-for-you work
There is no 1:1 support from Katrina on this Course including done-for-you work apart from what is available from the bonuses. All questions/contact will be in the Facebook group or on live sessions. Katrina will not respond to private messages either via personal profile or business page. Any private queries should be emailed directly to [email protected] and will be responded to within 24 hours.
Should you require more 1:1 support, this will need to be booked and paid for separately as part of Katrina 1:1 support offering.
Websites are everchanging and the course you will be provided with, will be the most up to date version of the platform at time of delivering the course. Any updates provided by WordPress or Elegant Themes, is out of Katrina’s control, and course materials will not be updated after the 11-week course has been delivered.
Katrina will always do her best to support you in every way she can, and that hard work and implementing the lessons provided is essential. However, as with anything in life, there are no guarantees and your success is dependent upon your effort, so no guarantees are being made in The Website Glow Up Course.
20. WEBSITE HOSTING
As part of the Course you will be offered 1 year’s free website hosting. This is provided by Digital Dragons Ltd and Katrina is a reseller of their services. You will be offered 1 year’s free website hosting from the date of set-up. After one year, your will be invoiced for the next years website hosting (prices may vary). You are not obliged to take this website hosting in the first instance or upon renewal. Website hosting does not include any website maintenance or design. However, should you have any technical issues with your website/emails being online, please email [email protected] and we will respond within 24hrs.
21. Using the Divi Theme
The Website Glow Up course teaches you how to use the Divi theme provided by Elegant themes. You are welcome to use another theme or page builder for your website; however, Katrina will not be providing teachings, or support on those themes.
22. Lifetime access to Divi Theme and Bloom Plugin
The Divi Theme and Bloom Plugin is provided by Elegant Themes and Katrina has a lifetime license for both. You are offered lifetime access to both Divi and the Bloom plugin as part of the Course, however this is defined, for as long as Katrina Fouracre Trading as Cariad Creative hold such licences. Should the license not be renewed by Katrina, you will no longer receive the theme updates provided by Elegant Themes. Whilst not necessary, it is advised to purchase your own licences to ensure security of your site. We are not liable for any damage or loss of business due to a licence being revoked.
As the API key is part of Katrina’s private licence, for the API key to be added to your website for you to gain access to the features of Divi and the Bloom plugin, please email [email protected] and this will be added directly by Katrina for you.
The three guest expert bonuses will be provided as live sessions. If you are unable to make the live sessions they will be available in your client area.
The deadline to use the 24hr bonus of a website review is 1st September 2022. After this date the bonus will expire.
24. LIFETIME ACCESS
Lifetime access to the course means you will able to have access to the course materials, including any recorded Q&A’s and bonuses that were available on the course version you enrolled on. Any further additions to the course in future enrolments will be available on your lifetime access, but this is subject to change.
If Katrina decides to stop offering the Course at any given time, you will still be given access to the course materials, however access may be through a link to cloud storage. If Katrina ceases trading, Katrina will make best efforts to ensure you have access to the course materials.