Website Glow Up Membership Terms and Conditions

This page tells you the terms and conditions (Terms) on which we supply any of the memberships (Memberships) listed on our website www.cariadcreative.co.uk (our site) to you.  Please read these Terms carefully before joining any Memberships 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 join any Memberships 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 the Membership 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 email 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 join a Membership.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Membership 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 Memberships whose access or download we have confirmed in the Download Confirmation.  We will not be obliged to supply any other Membership or Course that may have been part of your order until the access or download of such Course has been confirmed in a separate Download Confirmation.

4.               Availability

Your order will be fulfilled within 24 hours on your receipt of the Download Confirmation, although most will be immediately. In the event that our automated systems do not work immediately, please contact [email protected] to advise us that the Membership 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 Membership.

5.               Title and Intellectual Property

5.1            You will only be entitled to use the Membership when we either receive  full payment of all sums due in respect of the Membership 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 Membership 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 Membership.

5.3            We shall enforce our Intellectual Property Rights in the Membership to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLING 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 Membership must be by such method of payment as is specified on our website.

6.5            If you have opted for a monthly payments, you are obliged to meet the remaining payments when invoiced. Failure to make future payments will result in your access to the Membership being revoked, including workshops and Facebook Community. The payments already made will not be refunded.

7.               Refunds

7.1            You will have 14 days from purchase to request a refund for the Membership 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 Memberships 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 Memberships 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 Membership 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 Membership, 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 and Facebook Community. 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.

10.            Notices

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 email address you provide to us when placing an order.  Notice will be deemed received and properly served 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee.

11.            Transfer of rights and obligations

11.1         You may not transfer, assign or otherwise dispose of a Membership, 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.            Waiver

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.

14.            Severability

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 Membership 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 Membership).

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.

18.                Membership Content 

We will work together with a commitment of the below

Monthly Workshops from industry experts beginning September 2022

Each month Katrina will arrange a guest expert to come into the Membership to deliver a live workshop held on Zoom to help you improve and make progress with your website or marketing your website. You are not obligated to join live as they will be recorded and posted in the membership area for you to access. 

Weekly Live Mini Website Reviews

Every week Katrina will host a live mini website review for members who have requested one, to give personal feedback and advice on their website. This will be hosted on Zoom and will be recorded, unless the member having the review requests otherwise. 

Facebook group

You will be invited to join a Private Facebook group for the duration of the Membership so that you can connect with others in the community and get updates on upcoming events. 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 included in this Membership including done-for-you work and website design. 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.

19.            GUARANTEES

Websites are ever changing and the Membership you will be provided with, will be the most up to date information at time of delivering the Memberpress. Any updates provided by Google or any website platform, hosting or other, is out of Katrina’s control. 

Katrina will not be offering advice on how to design a website, as the Membership is open to business owners on all website platforms. If you do not have a website and are looking for website design, please contact Katrina via email, to enquire about her done-for-you services or DIY website course. 

Katrina will also be unable to offer technical support on website platforms on how to change designs, layouts etc within the Membership. If you require more technical support, please email Katrina to arrange for this service separately. 

Katrina will always do her best to support you in every way she can, and that hard work and most importantly 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 Membership .

20. Who can join

The Website Glow Up Membership is at a beginners level for business owners who have a basic understanding of how to use their website to make changes, but unsure of the marketing and strategies around it. 

Katrina is very much in favour of collaboration over competition, however this Membership is not for website designers, developers, SEO specialists, hosting providers, or business owners in the web design industry. This is because you will gain no value from a beginners level membership, but also, this is not a place to promote your service which comes into conflict with Katrina’s offerings. 

Any individual who is within the website industry and joins the membership shall be removed and refunds will not be provided, unless it is within the 14 days of signing up. 

If you are a web designer, or in the website industry and you feel you can add value to the Membership, please reach out to Katrina via email on [email protected] to arrange a collaboration. 

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