Terms and Conditions for Online Templates
TERMS & CONDITIONS FOR ONLINE TEMPLATES
This page tells you the terms and conditions (Terms) on which we supply any of the templates (Templates) listed on our website [www.pictureyourbrand.co.uk / https://janemucklow.mvsite.app] (our site) to you. Please read these Terms carefully before ordering any Templates from our site.
You should print a copy of these terms and conditions for your future reference.
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.pictureyourbrand.co.uk and https://janemucklow.mvsite.app are sites operated by Jane Mucklow trading as Picture Your Brand/Jane Mucklow Photography (“we” or “us”). Our address is 23 Willow Park, Otford, Kent TN14 5ND and our email address is janemucklowphotography@gmail.com
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside those countries.
3. 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 at least 18 years old;
(c) You are resident in the United Kingdom;
(d) You are accessing our site from the United Kingdom; and
(e) You will only use a Template 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.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order is an offer to us to buy a Template. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Template 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.
4.2 The Contract will relate only to those Templates whose access or download we have confirmed in the Download Confirmation. We will not be obliged to supply any other Templates that may have been part of your order until the access or download of such Template has been confirmed in a separate Download Confirmation.
5. AVAILABILITY
5.1 Your order will be fulfilled automatically on your receipt of the Download Confirmation but in the event that our automated systems do not work immediately, please contact janemucklowphotography@gmail.com to advise us that the Template 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 Template.
5.2 Any digital materials included as part of the template require the following hardware and software and other functional requirements in order to be fully used: access to the internet to view the lessons, text and videos, MemberVault, Canva if you wish to use the same image templates (the free version is fine).
6. TITLE AND INTELLECTUAL PROPERTY
6.1 You will only be entitled to use the Template when we receive full payment of all sums due in respect of the Template.
6.2 As between us and you, all Intellectual Property Rights and all other rights in any Template 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 Template.
6.3 We shall enforce our Intellectual Property Rights in the Template to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLIING OR DISCLOSING A COURSE IS STRICTLY PROHIBITED.
6.4 You may not without our prior written consent make any audio or visual recordings of any part of the template.
6.5 The materials we deliver as part of the template do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances and shall not be liable for any reliance placed by you on the materials within the template.
6.6 We will endeavour to ensure that all information that we provide within the template is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
7. PRICE AND PAYMENT
7.1 The price of any Template will be as quoted on our site from time to time, except in cases of obvious error.
7.2 Where your order includes ongoing access to the template and course materials (for the period stated on the order form), your access shall expire (and the Contract shall terminate) on the date falling on the expiry of such stated period. If you wish to continue to have access to the template materials, you must renew your membership in the manner advised on our site.
7.3 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.
7.4 Payment for all Templates must be by such method of payment as is specified on our website. If you choose to pay by PayPal, you must have a valid PayPal account in order to purchase a Template.
8. REFUNDS
8.1 As you are able to download, make use of and copy the Template immediately, we will only offer refunds in limited circumstances at our discretion.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9. OUR LIABILITY
9.1 Our Templates 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 Templates as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply.
9.2 Nothing in these terms attempt to exclude or limit any liability 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).
9.3 If, for any reason, we are liable for any damages, our total liability shall be limited to the amount of the Template purchased.
9.4 By purchasing a Template, 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, or
(f) 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 Template, under any law or on any basis whatsoever whether contractual or otherwise.
10. WRITTEN COMMUNICATIONS
You agree that our communication with you will be mainly electronic and via email. We may however also provide you with information by posting notices on our site. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. NOTICES
All notices given by you to us must be given to Jane Mucklow at 23 Willow Park, Otford, Kent, TN14 5ND. We may give notice to you at the e-mail address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 12.2 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.
13. 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.
14. WAIVER
14.1 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.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 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.
15. 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.
16. ENTIRE AGREEMENT
16.1 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.
16.2 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.
16.3 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.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order Templates 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 Template).
18. LAW AND JURISDICTION
Contracts for the purchase of Templates 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.