These are the same terms and conditions which you ticked a box to confirm you agreed to comply with before joining the Pretty Witty Academy membership.
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to the relationship between you and us, Pretty Witty Cakes Ltd and Pretty Witty Academy Ltd (collectively “Pretty Witty Cakes” and "PWC” "the Academy" "us" "our" and/or "we"). Using the website www.prettywittycakes.co.uk, www.prettywittycakes.com and www.prettywittyacademy.com (together the "Sites") (or any successor or linked site) in any way means you accept to be bound by these terms and conditions. The "Site" or "Sites" includes the site on any device whether desktop, laptop, mobile, app or any other device where the site is accessible including indirectly via social media or other internet sites. If you are using our website in any way whether directly or indirectly or communicating with us by phone, email or voicemail, you are bound by these terms and conditions.
Pretty Witty Academy is a subscription service providing cake tutorials and cake business tutorials. It is there to provide online resources for training, planning and assisting you in making cakes, or starting, growing or developing a cake business.
Pretty Witty Cakes Ltd and Pretty Witty Academy Ltd and any contractor, supplier, employee or other representative are providing an educational service. We do not give advice and nothing on this website is to be construed as advice. We offer guidance and examples of practices we have used but it is your sole responsibility to determine what, if any, of those practices, may be suitable for your own cake hobby or business. The content of the Website is for your general information and use only. Nothing on this website is to be deemed advice. It is merely opinions and you should not rely on any information on the website as advice.
YOUR USE OF THE SITE
To access our website, you must be over the age of 18 and have the requisite mental capacity to enter into these terms and conditions. All information on the website is subject to change at any time without notice and we provide no warranty or undertaking that anything will remain on the site for any set period. Tutorials may be removed if we see fit without notice.
You acknowledge that it is entirely your responsibility to check and ensure that you are complying with all laws and legislation that may apply to the making of cakes whether for business or pleasure in your country or further afield if applicatable in your situation.
Neither we nor our employees, directors, advisors nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, reliability, completeness or suitability of the information and materials found or offered on the website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies, mistakes, incorrect information or errors and we expressly exclude liability for any such inaccuracies, mistakes, incorrect information or errors. Tutorials may also contain out of date information. Whilst we will do our best to keep the information up to date, we do not guarantee that it is up to date.
We do not accept responsibility for any video or tutorial content by a guest tutor being accurate or correct. Any user of the website must do their own research as to whether they can follow the content given in a tutorial within their own business and in their own jurisdiction.
Business tutorials concerning the running of a cake business are expressly stated to be opinion and not advice as to running a business. Pretty Witty Cakes Ltd and Pretty Witty Academy Ltd, its employees, directors, and advisors take no responsibility in relation to business tutorials in connection with your business. You cannot take any information given in business tutorials as advice. It is 100% your responsibility to do your own research as to your own cake business and the viability of running a cake business in your own country. Pretty Witty Cakes takes no responsibility for the success or otherwise or your business.
Should you need any cake making advice or business advice if setting up your own business including tax advice, we advise that you always consult a competent professional such as an accountant, lawyer or tax adviser.
Your use of any information or materials on the website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements. In particular, you must not rely on suggestions in the videos as to what is food safe and individually check whether any item you are using is food safe in your own jurisdiction. Some items may have been food safe at the time of filming but subsequently international laws may have changed. It is your responsibility to ensure that your business complies with (i) any laws and regulations in your own country (ii) Food Safety laws (iii) applicable tax and statutory laws within your jurisdiction. Tutors will use various products which may or may not be food safe in your country. It is your responsibility to ensure that any products you use on, in or in connection with cake making is food safe and complies with laws in your own country. You must not rely on the tutorials alone.
The Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction and copying is prohibited under all circumstances and you agree to indemnify us for any costs or losses if we need to take action against you for copying material on the website.
All trademarks reproduced on the website, which are not the property of, or licensed to us, are acknowledged on the website.
Unauthorised use of the website may give rise to a claim for damages and/or be a criminal offence.
We may, at our absolute discretion, block access to the website for any reason whatsoever. If we block your access due to a breach of the terms and conditions (for example, publicising your login details) we will not reimburse you for any lost membership because it is your obligation to comple with the terms and conditions of usage and act within the law.
LINKS TO OTHER SITES
From time to time the website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse such website(s) or agree with any content on those other websites and you acknowledge that we are not responsible for the content of the linked website(s).
You must not provide links from the Academy website to other websites unless you are certain that the other website is virus free. If you post a link that contains a virus, you will hold Pretty Witty Cakes Ltd and Pretty Witty Academy Ltd harmless for any consequences of your actions. You also agree to indemnify us if a third party takes action against us based on your link.
If you follow a link in the forum created by another member, you are 100% responsible for ensuring that the link is free from any virus, malicious content or other damaging content. If in any doubt, do not click on links unless you are certain they are safe.
You agree to report to us if you see anything offensive on the website or social media accounts controlled by us, including but not limited to Facebook, Twitter, Flickr, Instagram, Linked In and Pinterest accounts so that we may take such action as we deem appropriate at our absolute discretion.
THE ONLINE TUTORIALS
The Online Tutorials comprise videos by various tutors on matters relating to baking and cake decorating or related fields. There are also extensive business tutorials and lifestyle tutorials relating to female entreprenuers. There is also supporting “Tutorial Content” comprising, in addition to the Online Tutorials, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, web pages and other materials related to the Online Tutorials.
Benefits of Membership other than Online Tutorials are not part of your subscription. Your payment for a subscription does not go toward these. This means the free benefit can be withdrawn at any time without notice. For example, special gifts, access to certain areas of the website, rewards points and facilities may be removed, modified or replaced by alternative offers. You do not receive a refund or right to a replacement free gift should we amend, modify or remove any member benefits.
The Tutorial Content is provided to you AS IS. You may access Tutorial Content for your information and personal use solely as intended through the provided functionality of the website and as permitted under these General Terms and Conditions.
If you have Membership over a period of more than 3 months, it is likely that certain member benefits and Tutorial Content will change or be amended during this period.
We reserve the right to make any changes that we see fit to the Tutorial Content and Website functionality at our sole absolute discretion and without notice. The Tutorial Content is constantly being updated and is subject to change. We will wherever reasonably practicable, place a site notice of any material necessary work to be undertaken.
We cannot guarantee any particular tutorial will be added to the site during your membership or that any tutor tutorial will show during your membership.
TERM OF MEMBERSHIP
You can be a monthly or yearly member at the Pretty Witty Academy. All Members are known as Subscribers ("Subscribers" or "Members"). Any period of membership that existed on another website (including Pretty Witty Cakes former website www.prettywittycakes.co.uk) does not count in this membership. This is an entirely new product and service and you will be required to create a brand new Subscription and Membership account on this site.
If you had an active paid for the membership on Pretty Witty Cakes' former site www.prettywittycakes.co.uk prior to the launch of this new businesses, you will have received a coupon enabling you to continue the period you paid for on this site as a Hobby Member. Should you wish to upgrade to Business membership you will need to start a new Business Membership but you will be offered a pro rata deal. In short, you will not lose any payment you have paid as the equivalent service will be provided to you. If you have any concerned regarding the transfer of a former membership to this new Academy site, please email the office at firstname.lastname@example.org
You cannot be a free member of the Pretty Witty Academy website. If you do not wish to pay for a Subscription you are welcome to view any free content located on www.prettywittycakes.com or Pretty Witty Cakes social media channels including Facebook and Youtube where they have some limited content.
The Pretty Witty Cake Academy only sells membership subscriptions. If you wish to purchase Pretty Witty Cakes or and Pretty Witty Academy Ltd videos individually, you can do this at www.caketutorialsonline.com and www.onlinecaketutorials.com whcih are subsidiary businesses owned by Pretty Witty Cakes. Any individually purchased tutorials that were purchased for lifetime use on the former Pretty Witty Cakes website www.prettywittycakes.co.uk will be accessible on www.caketutorialsonline.com and www.onlinecaketutorials.com. If you are unable to access a tutorial that you purchased individually for life at any point, please email email@example.com and we shall endeavor to assist you.
Monthly and yearly memberships are recurring payments. That means you agree to payment being taken each month or each year on the renewal date and you enter into a Billing Agreement with Pretty Witty Academy Ltd or Pretty Witty Cakes Ltd when you join the Membership site.
By continuing to use the site you accept that the payment is recurring. Monthly payments are taken on or around the same day each month without notice. For yearly payments, we shall send you a reminder that payment is due about one month before your renewal date.
By making a payment with a card or PayPal, you are expressly confirming that you have authority to use that card. If you are using another person's card, it is up to you to obtain consent from them. If you do not and they take action or seek to charge back the payment, you agree to indemnify us by making the original payment and covering our fees and expenses in dealing with the issue.
You can cancel the recurring payment part of your subscription at any time in your Account by clicking the cancel button. This will stop all future payments but does not entitle you to a refund for any amount already paid (see further below). When you cancel, you will not be billed further and you will retain full access for the period you have paid for. You will not be refunded for unused periods on your membership.
upgrades and downgrades
A special feature of the Pretty Witty Academy site is that you can change your level of membership with ease. For example, if you decide to buy a monthly subscription, you can upgrade to a yearly subscription and will receive a pro rata credit for any unused period of your monthly subscription. The credit is applied against the price of your upgrade often reducing the price.
Similarly, you can also change levels. For example, if you are a Business Member, you can downgrade to Hobby Member (or vice versa) and we will credit any unused period to your account. This means that if you have a credit in your account that is equal to 2 years of Hobby membership after downgrading, you will not pay anything further for those two years. If you upgrade and have a credit applied, you will pay less on the upgrade price as it will be reduced according to your credit amount.
PRICES DO NOT INCREASE IN ACTIVE ACCOUNTS
The price of a subscription is the price that you join the Academy. If there is subsequently an increase in prices your membership price will NOT increase as long as you keep your membership active. If you cancel your membership or if your payment fails and you have to rejoin, you will need to rejoin at the current market price even if this is more expensive than the original price you paid. We therefore suggest you advise your bank NOT to decline your payments to Pretty Witty Cakes as banks often decline payments for no reason.
This enables us to reward loyal members. For example, if you join at a price of $20 a month or $200 a year, you will remain on that price tariff for as many years as you remain a member even if the advertised price for new members increases. If, however, you stop or cancel your membership or your payment fails and you have to rejoin, you will need to rejoin at the current new prices on the website.
SPECIAL OFFERS, COUPONS AND VOUCHERS
If you join the Membership using a special offer code, trial or other discounts, this will ONLY apply to your first year. We do not offer any discounts or special offers for second or subsequent years of your subscription. Instead, as more fully described above, we do not increase the price that you join up at. We only increase the prices for new members joining. In other words, if you join at a rate of $200 a year, you will ALWAYS pay that. You would not be subjected to price increases.
Special offers are at our sole discretion and can be removed or revoked at any time without notice.
If you receive a coupon or voucher code, you must use it within the time limit on the coupon or voucher. We cannot extend deadlines so the voucher or coupon will become null and void if it has expired.
Payments are taken in US$. If your bank account is in another currency, your bank may charge you a foreign currency conversion fee for processing the payment. If your bank is not in US$, you may see a very small price fluctuation each month in accordance with exchange rates between the banks.
END OF MEMBERSHIP
You can terminate your membership at any time and stop any future payments. We are unable to reimburse payments already made before you cancel your membership. If you cancel with a long period of your subscription still to run we cannot offer a pro-rata refund for this. You will be entitled to access for the entire period you have paid for. By canceling you will not then continue on automatic renewal.
Should Pretty Witty Cakes and/or Pretty Witty Academy Ltd cease trading for any reason, be sold (share or asset sale), be declared bankrupt, insolvent or enter into any kind of administration or voluntarily close, it will end your membership. There is no obligation or liability whatsoever on Pretty Witty Cakes Ltd or Pretty Witty Academy Ltd to return any funds paid to you should any such event happen. Further should either your death take place or should Pretty Witty Cakes cease to run online tutorials for any reason whatsoever or in any way, there is no liability to refund any payments to you.
If Pretty Witty Cakes moves its website or sells or otherwise transfers its website to another website provider or hosting service that is controlled by Pretty Witty Cakes (not by a third party business), it would make reasonable efforts to transfer your membership to the new website but it may require some amending of your membership price, term or other features. Without notice, Pretty Witty Cakes is permitted to make whatever changes it needs to or that it sees fit in order to transfer memberships when changing websites. This could result in existing members gaining new features or losing some features depending on the changes Pretty Witty Cakes or Pretty Witty Academy Ltd makes when creating or transferring to a new website.
We may terminate your Membership without notice at any time if you breach these General Terms and Conditions or if we otherwise determine in our absolute discretion that there is a valid reason to terminate your Membership, including but not limited to breach of the Proper Use Policy.
Should you repeatedly contact other members and take action which, in our absolute discretion, is not for the benefit of Pretty Witty Cakes or abuse the private messaging service included in your membership, your membership will be terminated and you will not be entitled to a refund.
If you opt to buy a subscription, you become, or continue to be, a Member on the day that we receive payment from you for your subscription (whether monthly, yearly or lifetime membership).
When you purchase a subscription, your payment reimburses us for costs that we have already incurred in the development, maintenance, operation, and payment of third party suppliers of the Online Tutorials, and also pays for administrative costs of creating or maintaining your Membership.
Your payment allows you to access the Online Tutorials that are on the website on the day that you pay therefore full delivery of the service is delivered within 24 hours after payment. You will continue to be allowed access for the period you have paid for. Ay content comsumed for the remainder of your membership if effectively provided free of charge.
As a digital product, in your first year or first month, you are entitled to a refund if you notify us within 14 days that you wish to cancel provided you have not accessed the subscription by logging in. If you login then you are expressly waiving your right to ask for a refund and will not be entitled to a refund as you have already accessed the digital product. In your second month or second year and renewal periods, you will be billed as per your billing agreement and there is no right to a refund as this is not a new subscription. If you wish to cancel at any time, you must cancel your payment before it renews or use the option to switch off auto-renewal. We do not refund payments that you let accidentally renew because you have the option to switch off auto-renewal or cancel yourself with a cancel button.
When you cancel, your account access will cease but we are happy to provide you access for the period you have paid for in this case. Please email firstname.lastname@example.org if you need any assistance in this regard.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service.
CHANGES TO THE ONLINE TUTORIALS
If you have Membership over a 3 month period, it is likely that certain member benefits and Tutorial Content will change or be amended during this period.
We reserve the right to make any changes that we see fit to the Tutorial Content and Website functionality at our sole absolute discretion and without notice. The Tutorial Content and Member Benefits are constantly being updated and are subject to change. We will wherever reasonably practicable, place a site notice of any necessary work to be undertaken.
We cannot guarantee any particular tutorial will be added to the site during your membership or that any tutor tutorial will show during your membership. We also cannot guarantee that Member perks or benefits will continue indefinitely as third-party providers made cease to offer the benefit. We shall keep the Member benefits section updated as best we can. If you find a Member benefit is no longer active please let us know and we shall remove it.
Should the Online Tutorials cease to operate for any reason whatsoever your membership will terminate and no refund would be provided if your subscription has been in existence more than 24 hours.
We have Gift Vouchers available generally in respect of the online tutorials. If you are buying a gift subscription for someone you must buy a gift voucher. This enables the recipient to become the user on the site with the account in their name.
A gift voucher recipient will be obliged to enter their own card details where they are redeeming a voucher for a subscription. Future subscription payments will be charged to their card (unless they cancel before renewal).
If you buy a subscription in your own name, then the renewal of the account will remain in your name and charges will be made to your card. If the account contains your card details but the recipients email, you may not receive any notifications about charges falling due. We therefore do not recommend you do this. It is your responsibility to ensure that you cancel the subscription before a renewal if you leave the card payment in your name and with your card details. We do not take any responsibility for charges made to your card if you fail to follow these terms and conditions when purchasing a gift voucher.
INTERUPTION OF SERVICE
Although we try to ensure the Online Tutorials are available 24 hours a day, 7 days a week to users, we cannot guarantee that the web interface will be operational and available to you all the time. Accidents and incidents do happen, and you should not rely on continuous, uninterrupted access to the Online Tutorials.
We will not be liable to you, and you will not be entitled to a refund, credit or damages if the Online Tutorials are unavailable for any reason whatsoever.
We will wherever reasonably practicable place a site notice of any necessary work to be undertaken. If the Website or the Online Tutorials is/are down for any period (including permanently), we are not liable for any loss of use as our contractual obligations with you in terms of providing content are fulfilled within 24 hours of you becoming a member.
ACCEPTABLE USE OF CONTENT
You agree not to circumvent, disable or otherwise interfere with security-related features of the Online Tutorials or the Website or features that prevent or restrict use or copying of any Tutorial Content or enforce limitations on use of the Online Tutorials or the Tutorial Content.
Online Tutorial Membership is intended to provide you with access to Online Tutorials via the Website only – they may not be saved on a hard drive or any other medium, and may not be used on other websites or devices. You are prohibited from downloading Tutorial Content unless you see a “download” or similar link displayed. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Tutorial Content for any other purposes without our prior written consent or the respective licensor at Pretty Witty Cakes.
We reserve all rights not expressly granted in and to the Online Tutorials and the Tutorial Content.
YOUR ADDITIONAL RESPONSIBILITIES
You may not authorize anyone to access your account, and you are responsible for keeping your login, account and password details confidential. You agree to notify us of any unauthorized use of your password or account or any other security breach.
We cannot be responsible for any loss you suffer as a result of these details being disclosed, and you must indemnify/reimburse us for any loss we suffer as a result. Should a third party access or attempt to access the Online Tutorial using your account and/or your details, we may, at our sole discretion, terminate your subscription or other membership immediately and you will receive no refund.
If you publish or otherwise distribute your password or other login details, whether privately or publically, you accept and expressly agree that this may detrimentally affect access to Online Tutorials or the Website or other functionality (for example, in the event of a cyber-attack). You therefore agree to indemnify/reimburse us for any loss incurred in connection with a breach of your obligations to us whether caused directly or indirectly and whatever the type of damage or loss including economic loss, indirect loss, loss of profit, loss of revenue, loss of sales or loss of opportunity – i.e. including loss that was not foreseeably caused by your disclosure. For the avoidance of doubt, by agreeing to these General Terms and Conditions, you expressly agree not to distribute in any form whatsoever the Tutorial Content.
You agree not to advertise other online tutorial sites on our website unless you have been given permission in writing. This particularly applies to comment in the forums. Should you advertise another site illegally, we reserve the right to terminate your membership without reimbursement.
OUR MAXIMUM LIABILITY TO YOU
If for any reason, the Online Tutorials were to cease or the Pretty Witty Academy website were to close or stop running, we are unable to provide a return of any payments made by you.
If our software or hardware fails for any reason which results in us being unable to stream the videos or if third-party software we rely on fails we will terminate your subscription and we will not refund any subscription or other amounts paid to us under any circumstances.
In the event that you make any claim against us for any reason, our liability to Members in respect of anything relating to the Online Tutorials or the Website is capped at $100.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, PRETTY WITTY CAKES LTD IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF PRETTY WITTY CAKES HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PRETTY WITTY CAKES CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM PRETTY WITTY CAKES, AND IF NO PURCHASE HAS BEEN MADE BY YOU PRETTY WITTY CAKES LTD CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
FORMER LIFETIME MEMBERS AND DEFINITION OF LIFETIME
If you were a lifetime member on the former Pretty Witty Cakes website, you will be able to transfer your membership to this new business Academy site as a Hobby Member only. If you wish to upgrade to Business Membership you will need to purchase a new subscription as this is an entirely new product and it is not compatible with the former Lifetime Membership product.
"Lifetime" means either at your death or upon Pretty Witty Cakes ceasing to run online tutorials, the website or the business for any reason whatsoever - - whichever is sooner. Pretty Witty Cakes could cease to run online tutorials for the following reasons (this list is not exhaustive) - a share or asset sale, closing for personal reasons, ill-health bankruptcy, liquidation, insolvency or for any other reason it chooses. You cannot leave your subscription to someone else at your death. If Pretty Witty Cakes ceases to sell or distribute or make or be connected with online tutorials or cease to run online tutorials for any reason whatsoever then your lifetime subscription will terminate and you will not be entitled to a refund. The same will also apply to monthly and yearly subscriptions - if Pretty Witty Cakes ceases to run online tutorials, produce online tutorials or closes for any reason, or sells the shares or the assets in the company, your membership will cease and you will not be entitled to a refund for periods already paid for.
You agree that you may access the Online Tutorials for your personal use only. You are prohibited from copying, reproducing or distributing the Tutorial Content in whatever format. You may not sell the Tutorial Content except as an Affiliate (see Section "Affiliates" in this regard). If you breach this provision you agree that you will be liable to account for profits, amongst other remedies.
If you own, run or operate (or intend to own, run or operate) a website offering online food tutorials, classes, courses or diplomas, or if you work for, are employed by, are the agent of, or advise such a person, you cannot use any material from this Website or and on any social media account controlled by us, including but not limited to Facebook, Twitter, YouTube, Flickr and Pinterest accounts ("Our Social Media Accounts"), and you expressly agree that you may not replicate the Online Tutorials in any way. You also agree that you will not: use any Tutorial Content whatsoever as teaching material in your classes; copy any Tutorial Content in any of your own online tutorials/videos; publish or otherwise use "knowhow" from the Online Tutorials (i.e. methods for doing things) in your own class if they are substantially the same as those taught by us.
In relation to the Business Tutorials and Pro Tutorials, you will not use any material given in those to teach your own online tutorials or your own business class or produce any fact pack using that material. If you do you agree to hand Pretty Witty Cakes 100% of the takings on account of any profit you have made by illegally using our content. All information and written supporting material contained within the Cake Business Tutorials is copyright of Pretty Witty Cakes Ltd and Pretty Witty Academy Ltd. No reproduction is permitted in any format. Should you reproduce it in any format you will be deemed to have acted as an unauthorised agent and will (i) compensate us for any loss we may have suffered and our decision is determinative as to whether we have in fact suffered loss (ii) compensate us for any damage to reputation or hurt feelings and (iii) account to us for any profits made. For the avoidance of doubt, you cannot post any examples of documents from the Online Tutorials to any social media sites or other internet sites or blogs. Should you run face to face classes, you are not permitted to replicate materials from the online cake business tutorials.
Except for the purposes of advertising, you are also expressly prohibited from posting or using any Tutorial Content or our Social Media Accounts on any social media page, your own website or another person’s website. ALL Tutorial Content is solely for distribution by us to customers.
Your failure to comply with these General Terms and Conditions could result in a substantial loss of sales, profit and/or opportunity to us and legal action would likely be taken to recover such loss. You agree that, should you use material from the Online Tutorials on your own website, social media or otherwise, damages would not be a sufficient remedy, and that we shall be granted injunctive relief to stop such breach of these General Terms and Conditions. You accept that the jurisdiction would be England and to be bound by any judgment made in England.
As a Member, you may be able to collect reward points if they are made available and use them as described further on the Website. We may stop the reward point system, or change it in any way (including without limitation how you get points, how many points, relevant thresholds, bandings, etc), as we see fit in our absolute discretion at any time. We will not be liable to you for any such changes. Please note reward points and discounts only apply to online purchases and may not run at all.
FORUMS AND DISCUSSION BOARDS
When you publish content or information on the Website, it means that you are allowing everyone to access and use that information, and to associate it with you/your ID/username. It is for this reason that we try to create a safe environment for you and other users of the Website (including non-paying and paying members) ("Users") to share ideas and creations by having the following Proper Use Policy.
You should not rely on any information on our forums, discussion boards and social media accounts controlled by us, including but not limited to Facebook, Twitter, Flickr, Linked In and Pinterest accounts ("Our Social Media Accounts"). You should do your own research and, not take it as advice in any sense at all. You should consult a competent professional such as an accountant, lawyer or tax adviser if in doubt.
We will not be liable for statements made by anyone on our Website or Our Social Media Accounts. It is your responsibility to report it to us so that we may take action as we consider in our absolute discretion to be appropriate.
PROPER USE POLICY
By interacting with the Website, you agree to abide by this Proper Use Policy which we may revise from time to time.
Users must keep all posting respectful and contributions should be accurate (where they state facts) and genuinely held (where they state opinions). Any abusive, vulgar, obscene, disrespectful or negative comments will be removed as we see fit.
Attacks on individuals or businesses are prohibited. The Website is intended to be helpful, friendly and supportive. Any person or company found to attack another individual or company for any reason may have their membership suspended as in breach of these terms. It is left to the discretion of Pretty Witty Cakes Ltd and Pretty Witty Academy Ltd as to whether a comment or post is deemed an attack.
Advertising of competing sites that run online tutorials will be removed as we see fit. If a User seeks to advertise another online tutorial site in the forum, their membership or usage will be terminated as we see fit.
It is prohibited to download, reprint, copy, repost or otherwise share in any way whatsoever content, copy, photos and other intellectual property including but not limited to the design and functionality of the Website. This includes using in any way or sharing in any way on another website, blog, Facebook page or any other social media forum or site any content from the Website. It also includes copying, imitating the functionality and design of the including, but not limited to the online tutorial video content, blog content, Reward Point System and any other aspects of the Website. Should a User be found to have done this, they accept to account for the profits of any proceeds that they make from breaching this clause. Pretty Witty Cakes reserve the right to take legal action for loss caused arising in any way from breach of this Policy.
Unless otherwise stated, you cannot advertise your business, trade goods or service or use the Website in any commercial way whether for profit or otherwise unless Pretty Witty Cakes has stated that it is acceptable in writing. Any advertising on the Website is limited to that which is arranged directly with Pretty Witty Cakes Ltd and Pretty Witty Academy Ltd. Should you wish to advertise on the website, please contact email@example.com for a rate sheet. We reserve the right to terminate your account if you advertise your or a competing business or website on the Website without permission.
No bulk email, spam or repeated postings are permitted any way on the Website. Any User in breach of this clause will have their account terminated.
You will not collect Users' content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not upload, transmit or facilitate viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or other malicious code.
You will not solicit login information or access an account belonging to someone else and you will only have one account and keep your login information safe.
You will not do anything that could disable, overburden, or impair the proper working or appearance of the Website, such as a denial of service attack or interference with page rendering or other Website functionality.
Pretty Witty Cakes Ltd will remove without notice any postings that are considered inappropriate. The decision as to whether a post is inappropriate is left to the sole discretion of Pretty Witty Cakes Ltd and its employees. We reserve the right to terminate the account of members who post inappropriate comments.
Your contributions/posts and content you load onto the Website must not:
WHAT IF THERE IS A BREACH OF THE PROPER USE POLICY?
We rely on you and the community of Users to report to us any breach of the Proper Use Policy so we can take appropriate action.
The Proper Use Policy is incredibly important to us and, if we believe (in our absolute discretion) that there has been a breach of this Proper Use Policy, we may take whatever action we think is appropriate notwithstanding the above. The Proper Use Policy exists for the protection of every user of the Website and you agree to hold us harmless and not take any action against us for any action we may take in response to breaches of it.
If we believe that you have breached this Proper Use Policy, we may immediately and without notice take any action including but not limited to:
Breach of the Proper Use Policy is a material breach of these Terms and Conditions. We will not be liable for actions taken in response to breaches of this Proper Use Policy
In particular, we are not liable for the content you upload to the site. Should you upload anything which infringes any person or company's copyright or IP, you are liable for that infringement. If action is taken against us in this regard, you will indemnify us for failing to ensure that the action you took was compliant with copyright and IP laws.
WHAT DO I NEED TO CONSIDER BEFORE I POST PHOTOS, VIDEOS OR OTHER INTELLECTUAL PROPERTY?
If you post content that is covered by intellectual property rights, like photos and videos ("IP"):
COMPETITIONS AND PRIZE DRAWS
All competition entries are bound by the terms and conditions on the website. In order for you to enter one of our Competitions/Prize Draws:
Competition/Prize Draws that are judged according to the skill will be judged by us and/or such other person(s) as we may designate. If there are no entries for a Competition/Prize Draw that meet all of the judging criteria, we may not choose a winner
In the event that you submit a video or photo, you warrant to us that:
You will indemnify us for any loss that we suffer and hold us harmless against (i.e. ensure the defense of) any claim made by a third party against us in respect of such video or photo.
The prizes are non-exchangeable, non-transferable and not redeemable for cash or any other prize.
All prizes are subject to availability. We reserve the right to substitute the prize with an alternative prize of similar value in the event that the original prize offered is not available.
The winner is responsible for any tax liability arising from winning the prize. We accept no responsibility for any costs associated with the prize that are not expressly included in the description of the prize.
We will notify the potential winner of each Competition/Prize Draw of their potential win via email and/or social media no later than 30 days after they have been selected. In order to win, the potential winners must respond, provide any proof of identity and proof that they satisfy these Prize Terms and Conditions reasonably requested by us, sign and return an affidavit of eligibility and liability release (if requested) and claim their prize within 2 days of us sending notification of their potential win. If the prize is unclaimed after this time or these conditions are not satisfied, the prize is rejected or the selected entry is invalid or in breach of these Prize Terms and Conditions, we reserve the right to offer that prize to a substitute potential winner using the process outlined in this paragraph. You have only won a prize if confirmed by us.
We will use data you submit as part of your entry only for the purposes of running the Competitions/Prize Draws, communicating the names of prize-winners, marketing, offering services and organizing post-event publicity and promotional activities. By entering a Competition/Prize Draw, you hereby consent to our collection, retention, use, and distribution of your personal data for these purposes. You agree to take part in reasonable post-event publicity and promotional activities relating to the Competition/Prize Draws and our activities and to co-operate with us in that regard. In addition, you hereby consent to the use by us, both before and after the closing date of each Competition/Prize Draw, for an unlimited time, of your name, photograph, voice and image in such publicity (in any medium, including still photographs and films, and on the internet, including the Website) and in advertising, marketing or promotional material without additional compensation or prior notice.
We reserve the right to withdraw, amend or suspend any Competition/Prize Draw at any time and without notice if we deem it necessary to do so (at our absolute discretion), including but not limited to, if for any reason such Competition/Prize Draw cannot proceed as planned due to computer virus infection, unauthorized intervention, tampering, fraud, technical failure or any other cause beyond our control.
We reserve the right, at our sole discretion, to disqualify your entry if:
In the event of disqualification, we may select a new winner. Our decision and the judges' decisions shall be final and we will not respond to queries or enter into correspondence.
We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering any Competition/Prize Draw or accepting a prize. We further disclaim liability for any injury or damage to your or any other person's computer relating to or resulting from participation in or downloading any materials in connection with a Competition/Prize Draw. We are not responsible for any typographical errors in the announcement of prizes or these Prize Terms and Conditions, or any inaccurate or incorrect data contained on the Website in relation to any Competition/Prize Draw. Nothing in these Prize Terms and Conditions shall exclude our liability under the law for fraud or fraudulent misrepresentation, or for death or personal injury resulting from our negligence
We shall not be liable for any failure to comply with our obligations relating to any Competition/Prize Draw where the failure is caused by something outside of our reasonable control. Such circumstances shall include, but not be limited to, computer hardware or software failures, loss of data, telecommunications issues, weather conditions, fire, flood, hurricane, strike, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, supervening legislation or any other circumstances amounting to force majeure.
If a prize is damaged by a courier on route to you, we will not offer a replacement or a cash refund.
You acknowledge that:
In these Prize Terms and Conditions and all Competitions/Prize Draws, all references to times and dates are to those in the UK time zone unless otherwise stated.
If you join the Pretty Witty Cakes Affiliate Program you will be bound by our terms and conditions and also any terms and conditions of whomever or whichever third-party provider we use to provide the affiliate service site.
Please read these Affiliate Terms and Conditions carefully before you join our programme or begin marketing our programme. By signing up to the Pretty Witty Cakes affiliate programme ("Affiliate Programme"), you agree to the Affiliate Terms and Conditions contained this section and are responsible for your employees', agents' and contractors' compliance with them.
You can apply to enroll as an Affiliate at any time. Once you are accepted into the Programme, you will be able to participate in the Programme subject to these Affiliate Terms and Conditions. We will contact you if we have any queries about you or your enrolment. We may reject your application or terminate your enrolment at our absolute discretion, including but not limited to where we believe (in our sole discretion) that your Site is unsuitable, links to our Website are in breach of these Affiliate Terms and Conditions, or there are reputational issues or is a lack of trust.
It is a condition of the Affiliate Programme that any website or other platforms that you will link to the Website ("Sites") be suitable at all times. Unsuitable sites include, but are not limited to, those that:
You represent and warrant that the Sites comply with these requirements and that you have authority to perform or procure the performance of the obligations relating to the Sites as required by these Affiliate Terms and Conditions.
Upon becoming an Affiliate, you will receive an email directing to an area where you can control your Affiliate the affiliate interface. The interface has hyperlinks connected to our Website together with images, banners and other formats of online advertising (each a “Link”) that we provide for you to send potential customers to us.
It is a condition of the Affiliate Programme that the Links that you put in place to the Website comply with the following best practices.
EXCLUSION OF REPRESENTATIONS AND WARRANTIES
Except for the above representations neither party makes any representations or warranties to the other party including, but not limited to, any implied warranties or merchantability or fitness for a particular purpose.
Use of any of our intellectual property or name as part of the domain or sub-domain for your website is strictly prohibited (e.g. pretty-witty.com or witty.cakes.com).
You must ensure at all times that your advertising and description of our offering complies with the written materials that we publish, including on our Website.
You may not advertise or promote Pretty Witty Cakes except using materials that we endorse (through the affiliate interface) or as we otherwise agree in writing. Banners and images that we publish are subject to change and you must promptly use the updated versions.
We grant you a revocable, non-exclusive license to use, reproduce and transmit the name, logos, trademarks and service marks that we provide solely for the purpose of creating Links from Sites to the Website during your enrolment as an Affiliate, but you shall not sub-license any of these. This will not create any right, title or interest for the Affiliate in this intellectual property, and you are prohibited from using these in connection with any activity that disparages us or our offering or that damages our reputation for quality.
You may send emails containing Links to your customers or persons who otherwise directly agreed to receive such communications (but not where you bought the mailing list), but you may not spam when sending emails to potential customers, and any promotional email must be stated to come from you. You may promote us on your social media pages (whether Facebook, Twitter, Pinterest or other) but may not use our Social Media Accounts for this purpose.
We reserve the right to withhold commissions, set the Affiliate’s commission to 0% or suspend or terminate the Affiliate’s enrolment if the Affiliate breaches these requirements, and Affiliate shall cease using our intellectual property.
COMPLAINCE WITH ALL LAWS
You must comply with all applicable laws, rules, and regulations when promoting Pretty Witty Cakes and Pretty Witty Academy Ltd or Linking to the Website. Where your actions result in a requirement incumbent upon us (e.g. a tax registration in a particular jurisdiction) or any kind of damage (e.g. from blacklisting the Website in a particular jurisdiction) you will indemnify/reimburse us for any action that we have to take as a result, or any damages we suffer as a result.
We believe in open dialogue with Affiliates. You must provide such information as we may request, upon request, otherwise it may not be possible to substantiate your claims for a commission. Clarity and truthful communication are vital in order for us to trust you, and it is a condition of being an Affiliate that we can trust you. We reserve the absolute right to reverse orders, set your commission to 0% or suspend you or terminate you from the program for the period or orders in question if this communication and truthfulness do not exist.
Details of the offers under the Affiliate Programme will be published from time to time. We will pay you commission based on the evidence that we have of the number of relevant purchases made by customers that you introduce. Your Link to a particular URL, or a customer’s cookie, should ordinarily provide such evidence. Our calculations based on such parameters are final. Cookies may only remain active for a certain amount of time or may be disabled, and this may affect the amount of commission that can be evidenced.
We reserve the right to reverse commission payment either due or made due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
You agree to keep strictly confidential all information that we provide, including without limitation our business information, financial information, customer lists, pricing, and sales information. You will not use this confidential information for your own business purposes. Information will not be confidential where it is generally known or available to the public through legitimate sources (not including persons in breach of their confidentiality obligations). We retain all rights, title, and interest in all client databases and other such confidential information.
As an Affiliate, you are responsible for maintaining the confidentiality of your login username and password. You are also responsible for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for any actions that occur under your account or password. You should inform us immediately if you suspect that your password is, or is likely to be used in an unauthorized manner.
Either party may terminate your enrolment as an Affiliate at any time, for any reason, provided that they provide at least five days prior written the notice of such termination to the other party.
In addition, we are entitled to terminate your enrolment as an Affiliate immediately if you materially breach or violate any of these Affiliate Terms and Conditions, or if we determine, in our sole discretion, that there are technical or operational issues (e.g. interruptions caused by or shifts in online/Internet technology) that adversely affect compliance with this Agreement, or the orders/referrals were obtained fraudulently or through misrepresentation, in which case we reserve the right to withhold payment of commissions pending an investigation of the suspected fraud or misrepresentation.
Termination of your enrolment as an Affiliate shall also terminate any outstanding obligations we have toward you. However, all non-recurring rights to payment, causes of action and any provisions, in relation to transactions prior to termination, shall survive termination of this Agreement. Confidentiality provisions shall also survive termination.
You agree to indemnify, reimburse, defend and hold us and our affiliates, directors, officers, employees, and agents harmless (i.e. defend the litigation), from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) brought by a third party, arising out of a breach, or alleged breach, of any of your duties.
LIABILITY AND INDEMNITY / REIMBURSEMENT
This Section is general in its application and is not intended to be a detailed breakdown of liability and related matters. Therefore, it is only supplemental to, and does not override, the other terms and conditions.
- LIMITATION OF LIABILITY
In no event shall we be liable to you for any direct, indirect, special, exemplary, consequential or incidental damages, even if informed of the possibility of such damages. Any loss (including but without limitation loss of sales or opportunity), no matter how indirect, arising from your breach of these General Terms and Conditions, your poor practices or reputation, or your disparaging comments or detrimental behavior shall be recoverable by us.
You agree that the use of the Website and the affiliate interface is at your sole risk and we disclaim all warranties in connection with them. We make no warranties about the accuracy or completeness of the content of the Website on the content of any sites linked to the Website. The content of the Website and affiliate interface is constantly being updated so we cannot guarantee all features will be available on any particular date.
We assume no responsibility for any errors, mistakes or inaccuracies or content on the Website, including but not limited to affiliate interface. We do not accept responsibility for any unauthorized access to or use of our servers and all personal information stored therein. We do not accept responsibility for any interruption or cessation of transmission of our services or any bugs or viruses which may have been transmitted through the Website or our systems (including but not limited to email systems) by third parties.
In no event shall we or any of our officers, directors, employees or agents be liable for any indirect, incidental, special, punitive or consequential damages whatsoever or for any viruses that may infect your computer equipment or other property on account of your access to, use of, downloading of or browsing in the Website. All such liability is excluded to the fullest extent permitted by law.
You are responsible for all computer, telephone and other equipment and services necessary to access the Website and the affiliate interface. You are also responsible for any access charges incurred including but not limited to those charged for online services by telephone companies and Internet service providers.
We cannot be held liable in any way whatsoever if a third party hacks the website and obtains any data whatsoever. Regular precautions are taken against such occurrence but in the unlikely event that this occurs, we accept no responsibility whatsoever. It is for you to decide which information you opt to share with our website and if you share any information, it is on the understanding that Pretty Witty Cakes Ltd or its employees, agents or directors are not liable in any way if there is unauthorized access to data through third-party hackers.
We make no representation that the operation and availability of the Website and services will be uninterrupted or error-free, and we will not be liable for interruptions or errors. We shall not be held liable for any failure of service that is caused by any circumstance outside of our control.
- FORCE MAJEURE
We shall not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and you agree that the following shall all be Force Majeure Events:
ALL content on the Website and on any social media account controlled by us, including but not limited to Facebook, Twitter, Flickr and Pinterest accounts ("Our Social Media Accounts"), other online page or presence, book and any other area whatsoever which we use for any reason is the intellectual property of Pretty Witty Cakes Ltd and Pretty Witty Academy Ltd unless otherwise stated herein. It is forbidden to use any photo, copy, text or other material from the Website for any reason. Downloading of any images, text, videos, online tutorials, face packs or any material is strictly prohibited. Should these General Terms and Conditions be breached, we reserve the right to take immediate legal action against you. If such action is in a small claims court, you expressly agree to pay our legal expenses if we succeed in any action.
In particular, we retain all Intellectual Property Rights in the Website and our Marks, and nothing shall be construed as granting any rights to you or any other person in respect of such Intellectual Property Rights. Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the content of the Website (including the Tutorial Content) shall remain with us. Except as expressly provided in these General Terms and Conditions, nothing shall be construed to grant to you any right, title or interest in or to such content.
For the avoidance of doubt, all intellectual property in the online tutorials, pdf tutorials and any other material and content on the Website belongs to Pretty Witty Academy Ltd and Pretty Witty Cakes Ltd. You accept this by confirming these terms and conditions when you join the site.
"Intellectual Property Rights" means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, Marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights, rights to sue for passing off or privacy right.
"Marks" means any and all trademarks, trade names, service marks, trade dress, logos, URLs or identifying slogans of Pretty Witty Cakes Ltd, whether or not registered.
This Section "Miscellaneous" applies whenever any of other Section of these General Terms and Conditions apply. The provisions in this Section are supplemental to the other provisions in these General Terms and Conditions, so they apply to the extent they do not conflict with the detailed contents of other Sections.
These terms and conditions bind you from the moment you use this Website. They will be periodically updated to reflect the changing nature of the website and all changes will have binding and retrospective effect to the date you first became a member. We, therefore, advise you to regularly read the terms and conditions.
- VAT AND LOCAL TAXES
You are responsible for paying all taxes, levies, and duties. However, where applicable, VAT is applied. In certain circumstances, import/export duties may be applied in addition to all prices quoted (typically if you are outside the UK your postal services provider will act as collection agent for import/export duties and you will need to pay those prior to delivery). It is your responsibility to verify import/ export duties in advance and advise us accordingly if we need to act.
- FOREIGN CURRENCY CONVERSION
All foreign payments will need to be converted by your bank. You are responsible for any bank charges.
- AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
We reserve the right to unilaterally amend these terms and conditions at any time and for any reason at our sole discretion. Publishing the new version of these General Terms and Conditions will suffice to give you notice. If any modification is unacceptable to you, your only recourse is to cease your user or the site or cancel your membership or subscription. Your continued use of the site is following our posting of the new terms on the website will constitute binding acceptance of the chance.
- ILLEGAL TERMS
If any court or competent authority finds that any provision of these General Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these General Terms and Conditions shall not be affected.
- GOVERNING LAW AND JURISDICTION
These General Terms and Conditions and any matter relating to Pretty Witty Cakes Limited (including non-contractual matters) are governed by English law, and you and we agree that any dispute shall be subject to the exclusive jurisdiction of the courts of England – i.e. that any litigation must be brought before the English courts.
If you experience any queries or problems please contact us on firstname.lastname@example.org during office hours of 10am to 5pm Monday to Friday London GMT.