TERMS AND CONDITIONS OF USE

Last Updated on 19th May 2023.

These are the official Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​for​ sm web designs studio located in Wilmslow, Cheshire, SK9 5ER, UK, herein known and referenced as “Company,” “My” “I,” and “Me.”

My email is [email protected]  “You” and “Your” refers to users of this Company’s website, communications, offerings and related materials, herein known as “Offering.”

NOTICE: These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​Your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use,​ ​or​ ​access​ ​of​ ​any​ ​of​ ​my​ ​products or services.

GENERAL PROVISIONS

This website is owned and operated by Company.

You must be at least eighteen years of age to use my website. Use of this website is at Your own risk. I host my site on a reputable platform and take reasonable efforts to maintain and host the site. However, I make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.

TERMS​ ​OF​ ​SITE & ​PURCHASER​ ​AGREEMENT

All products ​are owned and provided by Company. These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. I reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You agree to pay two payments of £273.50 (a total of £547) for this service.

You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of My Terms and Conditions of Use, please email me at the contact details listed at the top of this agreement,​ and I will make reasonable efforts to remove Your name, email, and access to My Offering and website(s).

YOUR​ ​PRODUCT​ ​OR​ ​COURSE​ ​USE​ ​AND​ ​CONSENT

When You purchased My Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You agree You are at least 18 years old or of the age of majority in Your applicable jurisdiction to access the Offering. Access of My Offering and related materials by a minor is a violation of use, and I reserve the right to terminate Your access if such an issue is discovered.

INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks, and service marks are owned by and property of Company, or the properly attributed party. It is a violation of federal law to use any of My intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should I choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using My intellectual property immediately.

You may NOT use My intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from My site to any third-party website including social media. I have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, I cannot allow any third party use.

YOUR​ ​MATERIALS​ ​AND​ ​CONTRIBUTIONS

​By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Me, including but not limited to third-party access sites, such as My Facebook group(s) or online software platforms that I use to distribute My Offering and related materials, You agree that I have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that I may not do so with said submission. You have no right to privacy by accessing My Offering or related materials, and I reserve the right to disclose Your participation in the same.

PRODUCT REVIEWS

I may ask You to leave a rating and/or review of Your purchase. If You choose to write a review, You must comply with the following guidelines:

• You have used and/or accessed the product(s) sufficiently to speak with reasonable knowledge as to its effectiveness, value, aesthetics or utility; and
• You do not use any offensive language, such as profanity, hateful or racist speech; and
• Your submission does not discriminate on the basis of race, gender, religion, nationality, age or disability; and
• You have not used your purchase in an illegal way, or made any implied or express claims to the same; and
• You are not related to anyone who owns any part of My site; and
• You are not claiming any false or misleading statements; and
• You are not affiliated with or working for any site or company I deem a competitor, at My sole discretion; and
• You do not organise a campaign encouraging others to leave reviews, whether good or bad, unless otherwise authorised to do so.

I reserve the right to accept or reject Your review at My sole discretion. Reviews are not My opinions or beliefs. I do not assume any liability for any review or for any claim, issue, liability or loss resulting from any posted review. By posting a review, You hereby grant to Me a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MODEL​ ​RELEASE

You​ ​must​ ​own​ ​the​ ​copyright​ ​to​ ​any​ ​image(s)​ ​You​ ​use​ ​by​ ​default​ ​or voluntarily​ ​on​ ​My​ ​platforms​ ​or​ ​in​ ​My​ ​Offering​ ​or​ ​related​ ​materials.​ ​You​ ​grant​ ​Me​ ​a commercial​ ​license​ ​to​ ​any​ ​image(s)​ ​You​ ​submit​ ​to​ ​Me​ ​by​ ​default,​ ​such​ ​as​ ​a​ ​Facebook profile​ ​photo​ ​or​ ​other​ ​profile​ ​image​ ​You​ ​voluntarily​ ​provide​ ​in​ ​accessing​ ​the​ ​Offering,​ ​or voluntarily​ ​upon​ ​My​ ​request.​ ​Such​ ​a​ ​default​ ​or​ ​voluntary​ ​release​ ​of​ ​Your​ ​image​ ​and likeness​ ​may​ ​be​ ​used​ ​for​ ​any​ ​reasonable​ ​future​ ​business​ ​use.

NOTIFICATION​ ​OF​ ​USE

​I are not obligated to notify You or anyone in photographs of My publication or other use of any image or images You submit by default or voluntarily.

INTELLECTUAL PROPERTY

LIMITED​ ​LICENSE

Any and all materials, paid or free, that You access on this or any related domains that contain My Offering are under the sole ownership or licensed use of Company.

To be clear, I own My page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of My website(s), program(s), product(s), service materials, or related communications.

You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms Me, and I have the right to seek damages and/or an injunction to remedy the situation until I are made whole.

You​ ​may:

• Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member).
• Download and/or print any Offering materials for Your personal use in Your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member).
• Use My trademarks and copyrighted materials with My consent and proper credit and marking, namely, using © with My Company name as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.

You​ ​may​ ​not:

• Re-sell or trade Your access to the Offering.
• Share the Offering with anyone else who has not yet purchased it or opted in to receive it.
• Reprint or republish any of the Offering, in part or in whole.
• Distribute any of the materials contained in the Offering or related materials and/or            communications as Your own, otherwise known as stealing.
• Reproduce and tweak any part or whole of the Offering for distribution as Your own work.
• Claim ownership or use over any of My intellectual property without My prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials).
• Use My Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

REQUEST​ ​FOR​ ​PERMISSION​ ​TO​ ​USE​ ​CONTENT ​

If You wish to use, publish, or access any of My content, Offering(s), or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Me.

CIVIL​ ​AND​ ​CRIMINAL​ ​PENALTIES

Even though My Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. I reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in My location​ by opting into or purchasing any Offering or accessing its related communications and/or materials.

SECURITY​ ​AND​ ​ASSUMPTION​ ​OF​ ​RISK

SECURITY

It is Your responsibility to secure Your username and password from theft or any other means of unauthorised use that would violate these Terms and Conditions of Use. To the best of My abilities, I do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or other third party payment processors, as selected by You at checkout. ​By utilising these payment processors to gain access to the Offering, You indemnify Me and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

CONFIDENTIALITY

​You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

ASSUMPTION​ ​OF​ ​RISK

​By accessing My Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.

YOUR COMMUNICATIONS

Any communications made through My ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to My phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. I own any and all communications displayed on My website, servers, comments, emails, or other media as allowed by My jurisdiction’s laws, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how I store and use Your communications or any data provided by You in those communications, please refer to My Privacy Policy.

I maintain a right to republish any submission in whole or in part as reasonably necessary in the course of My business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

DISCLAIMERS

My website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless My website and company for any direct or indirect loss or conduct incurred as a result of Your use of My website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While I may reference certain results, outcomes or situations on this website, You understand and acknowledge that I make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. I expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

This website is updated on a regular basis and while I try to make accurate statements in a timely and effective manner, I cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Me know, please email Me.

EARNINGS​ ​DISCLAIMER

​You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches My Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of My control. Therefore, I cannot guarantee Your success merely upon access or purchase of My Offering(s) or related material(s).

GENERAL​ ​DISCLAIMER

To the fullest extent permitted by law, I expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with My Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. I are not medical, legal, financial, or other professionals, or if I are, during the course of this Offering and related material(s), I are not offering My professional services and You expressly agree I are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.

THIRD-​PARTY​ ​DISCLAIMER

​You acknowledge and agree that I are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.

WARRANTIES​ ​DISCLAIMER

​I MAKE NO WARRANTIES AS TO My PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. I DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF My PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

TECHNOLOGY​ ​DISCLAIMER

​I make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access My Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge My lack of responsibility for said failure, and while I will make reasonable efforts to support You, some technological issues are far outside My control and will require You to access support from a third-party provider. To be clear, you hold Me and Flodesk, Inc. harmless from any claims arising out of any technological failure except in the unforeseen case of gross negligence, as determined by industry standards.

ERRORS​ ​AND​ ​OMISSIONS

​I make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in My Offering(s). I are not liable for any inaccuracies, errors, or reliance on personal opinions contained in My Offering(s) or related material(s).

INDEMNIFICATION,​ ​LIMITATION​ ​OF​ ​LIABILITY,​ ​AND​ ​RELEASE​ ​OF​ ​CLAIMS

INDEMNIFICATION

​​​You ​​agree​​ at ​​all​​ times​​ to​​ indemnify​​ and ​​hold​​ harmless​​ My​​ Company, ​​as well​ ​as​ ​any​ ​of​ ​My​ ​affiliates,​ ​agents,​ ​contractors,​ ​officers,​ ​directors,​ ​shareholders, employees,​ ​joint​ ​venture​ ​partners,​ ​successors,​ ​transferees,​ ​assignees,​ ​and​ ​licensees,​ ​as applicable,​ ​from​ ​and​ ​against​ ​any​ ​and​ ​all​ ​claims,​ ​causes​ ​of​ ​action,​ ​damages,​ ​liabilities, costs​, ​and​ ​expenses,​ ​including​ ​legal​ ​fees​ ​and​ ​expenses,​ ​arising​ ​out​ ​of​ ​or​ ​related​ ​to​ ​My Offering(s)​ .

LIMITATION​ ​OF​ ​LIABILITY

​​​I​ ​will​ ​not​ ​be​ ​held​ ​responsible​ ​or​ ​liable​ ​in​ ​any​ ​way​ ​for​ ​the information,​ ​products,​ ​or​ ​materials​ ​that​ ​You​ ​request​ ​or​ ​receive​ ​through​ ​or​ ​in​ ​relation​ ​to​ ​My Offering(s).​ ​I​ ​do​ ​not​ ​assume​ ​liability​ ​for​ ​any​ ​third​ ​party​ ​conduct,​ ​accidents,​ ​delays,​ ​harm, or​ ​other​ ​detrimental​ ​or​ ​negative​ ​outcomes​ ​as​ ​a​ ​result​ ​of​ ​Your​ ​access​ ​of​ ​My​ ​Offering(s) and​ ​related​ ​material(s).

TERMINATION

If at any time I feel You have violated these Terms and Conditions, then I shall immediately terminate Your use of My website and any related communications as I deem appropriate. It is within My sole discretion to allow any user’s access of My website, and I may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to My site(s).

FINANCIAL​ ​CONSIDERATIONS

PURCHASES AND PAYMENT

You authorise Me to charge your chosen payment provider for the total amount stated on Your checkout cart screen. You agree to abide by the terms and conditions of Your card issuer agreement and any other applicable third party agreement that may affect Your purchase with Me. You agree to provide current, accurate and complete details as requested to process your payment. If necessary, You agree to update your payment information in a timely manner so I can complete any outstanding orders and/or contact You as needed.

I reserve the right to change My prices for new purchases at any time.

You agree to pay any applicable shipping and/or handling fees as stated on your checkout cart screen.

ERRORS OR MISTAKES IN PRICING

I reserve the right to correct any errors or mistakes in pricing, even if I have already received payment. Any such changes will be conveyed in writing via email to notify You of My correction and to allow You to take the most appropriate action in the event of such a correction or mistake.

REFUNDS AND RETURN POLICY

Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.

PROMOTIONAL PRICING DEVICES AND PRICE ADJUSTMENTS

I are not able to accommodate a price adjustment after Your purchase.

CHARGEBACKS

​​You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of My bonuses, affiliate bonuses, or other materials afforded to You in exchange for Your original purchase of My Offering. I reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.

REVOCATION​ ​OF​ ​ACCESS

​You have the unilateral right to terminate Your use and access to any of My Offering(s). Please send an email to Me to initiate this process. Termination will not excuse You of further payment. Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.

CURRENCY

All payments will be processed in the local currency, or if not specified at checkout, in UK Pound Sterling.

TAXES

Sales taxes will be applied to your order as required by law in either Your or My local area(s).

ORDER REVERSAL OR CANCELLATION

I reserve the right to refuse to fulfill any order placed on My website, in part or in full, and will issue a refund accordingly. I reserve the right to limit or cancel quantities purchased by any given user or household at My sole discretion. I may restrict order quantities based on personal data provided by You, such as orders placed under the same customer account, orders placed on the same payment method, and/or orders that use the same billing and/or shipping address.

NO RESELLING OR DISTRIBUTION OF My PRODUCTS

I expressly prohibit orders that, in My sole discretion, appear to be placed in an attempt to resell My products. I expressly prohibit orders placed by resellers, dealers, distributors or wholesalers and will ban Your access to My site in any lawful way possible if I discover your prohibited use(s).

DISPUTE​ ​RESOLUTION

​If You and My Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.

NON-DISPARAGEMENT

​If You are found to be slandering, libeling, or otherwise disparaging My Company, Offering(s), or related materials at My discretion, You will be immediately removed from the Offering(s) and any related communications. I reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm My Company.

ENTIRE AGREEMENT

Before You register with My website or make any purchases therefrom, You will be asked to consent to My Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and My company relating to the use of this website.

LAW AND JURISDICTION

These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with My country’s law. Any dispute arising out of or related to the information contained herein is subject to adjudication in My company’s local courts.

CONSENT

By using My website, You hereby consent to My Terms and Conditions of Use and Privacy Policy.

If You require any more information or have any questions about My Terms and Conditions of Use, or My Privacy Policy, please feel free to contact Me by email.

ALL​ ​RIGHTS​ ​RESERVED​

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.

SEVERABILITY

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.