Terms and Conditions
Terms and Conditions
These Terms and Conditions apply in the circumstances outlined below.
1 – Use of Websites
Your visit to and use of the websites at www.prettywittycakes.co.uk and www.prettywittycakeshop.co.uk (together, the “Websites”) is subject to the terms set out in this Section 1, “Use of the Websites”. Section 5, “General Terms”, also applies to you and contains terms generally applicable to our relationship with you.
a) The content of the Websites is for your general information and use only. It is subject to change without notice.
b) Neither Pretty Witty Cakes Ltd (“we”, “us” and “Pretty Witty Cakes Ltd”) nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Websites for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
c) Your use of any information or materials on the Websites 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 Websites meet your specific requirements.
d) The Websites contain 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 is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
e) All trademarks reproduced in the Websites, which are not the property of, or licensed to us, are acknowledged on the Websites.
f) Unauthorised use of the Websites may give rise to a claim for damages and/or be a criminal offence.
g) From time to time the Websites 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) and you acknowledge that we are not responsible for the content of the linked website(s).
h) You may not create a link to the Websites from another website or document without our prior written consent.
2 – Class Bookings
Your purchase from us of a face-to-face class (“Class”) or a voucher for one or more Classes (“Voucher”) is subject to the terms set out in this Section 2, “Class Bookings”. Section 5, “General Terms”, also applies to you and contains terms generally applicable to our relationship with you.
Making a Booking
a) You can make a booking (“Booking”) for a Class using the online booking system on the website at www.prettywittycakes.co.uk (the “Class Website”), over the phone or in person.
b) If you have any questions before or after you make a Booking or if you have a problem booking, please call us on 079 7632 7278 or email us at email@example.com.
c) A place is not secured on a class until a full payment has been made and you have received a confirmation by email from Pretty Witty Cakes. You will receive a separate email confirming your payment via our payment systems but this is NOT a confirmation of a class place. You should not make transport arrangements purely relying on this email. You should wait to receive a written email from Pretty Witty Cakes Ltd confirming you have a place on the class.
d) If you make a booking and for whatever reason, no class place is available at the time you make your purchase, we will notify you and offer to transfer or refund your booking.
e) We cannot hold class places pending payment under any circumstances.
f) Class places cannot be booked in instalments unless specifically advertised for that class.
g) If you pay by instalments, your place is secured only once you have paid your deposit. If you later fail to make the instalment payments on the due date, you will lose your deposit and all prior payments. ALL payments made are completely non-refundable if you fail to complete the payments on the instalment date. We will remind you via email of any payment dates for instalments. It is your responsibility to provide an active email address when booking so we can notify you of instalment payments. We are not obliged to notify you if you have missed a payment date. If you miss a payment date, we reserve the right to pass your place to someone else without further notice.
h) Refunds are not available once payment has been made for any reason. Please check carefully that you can make the dates before you book. This applies to any class booking, bulk booking, gift or any other method of booking.
i) All class bookings are bound by these terms and conditions whether made online, over the phone, via a PayPal request or in person. We refer you to the footer of every class page and the booking page which clearly states that my making a booking you are bound by the terms and conditions. We also notify you of this fact when you book in person.
a) Full details about the class, its location and any other information you may need will be sent to you by email once you have booked and paid for the class.
b) Classes are taught by those tutors stated as stated on the website.
Booking for other people
a) You can book classes for yourself or for other people. If booking for someone else, please ensure you tell us of the name and email address of the person who will be attending. In default of this, all information will be sent to you rather than the attendee.
b) If we are not notified of the person attending the class, we reserve the right to refuse entry to a person who is not recorded as the attendee at or during the booking process.
c) We do not allow children under 16 to attend the class (with the exception of special children’s classes). A child under 16 can attend with an adult accompanying them who would also have to purchase a place on the class.
d) Once you have purchased a class, this class cannot be resold by you under any circumstances. The attendee must the person notified to us at the time of booking and held on our records. If you buy a place as a gift for someone else, please notify us at the time of booking.
Cancellations, moving places and refunds
a) Once a class has been booked and paid for, the contract is not cancellable by the Customer. We are unable to offer any refunds for any reason if you are unable to attend. This includes if you cancel a place at any time for any reason or if you make a mistake in booking.
b) Due to the popularity of classes, we cannot move your place on a class to another date after you have booked so please ensure you can attend that date.
c) Pretty Witty Cakes Ltd strongly advise that students arrange insurance to cover unforeseen events which may prevent them from attending their class and seek to cover any class cost or any travel and accommodation costs that have been incurred. Students are advised to research companies who provide insurance to cover the position if you cancel your place. For example, www.cancelsure-insurance.co.uk. We do not recommend Cancelsure as a provider for you as you must make your own decision as to which insurance company to use.
d) Taking our insurance is particularly important during the winter months when the likelihood of unfavourable weather and associated travel disruption is higher.
e) In the unlikely event that we have to cancel your place on a class, we will offer an alternative date(s) to you and if no alternative date is made available by us, we will provide you with a full refund of the cost of your class. Our liability is limited to the cost of the class place only. By purchasing a class, you accept that our liability is limited to the cost of the class place with a maximum liability of £250. To the maximum extent permissible in law, Pretty Witty Cakes Ltd excludes all liability to any loss or consequential loss however incurred by the Customer, arising from any or omission or failure by Pretty Witty Cakes Ltd, any owner, employee or contractor in connection with the contract.
f) You accept that you cannot make a claim for costs of other arrangements you may have made in order to attend a class whatever they may be. For the avoidance of doubt, this includes costs of transportation, accommodation or anything else.
g) In the event a class is cancelled by us due to bad weather such as snow, we will use best endeavours to reschedule your class place to another date and/or offer you a voucher so you can rebook for a date of your choice in the future.
h) In exceptional circumstances, if we have to cancel your class place for any reason which we consider appropriate (at our sole discretion), we will offer you a transfer to another class date.
If you arrive more than 1 hour late for your class, you will be unable to join the class as you will be too far behind to catch up and it would be unfair on other class participants. In such circumstances we cannot move your place to an alternative date. You would therefore lose your booking. Please ensure you leave plenty of time when planning your journey.
a) Pretty Witty Cakes Ltd sells Gift Vouchers which can be redeemed against the price of a Class, Online Subscription or used in the Online Cupcake Equipment Shop. All vouchers specify usage in the shop or classes but if you buy vouchers through www.prettywittycakes.co.uk they are only for use against classes. If you buy vouchers through the online shop www.prettywittycakeshop.co.uk you can use them for classes or in the online shop.
b) We can sell vouchers in any denomination if you notify us of a denomination you would like that is not on those listed.
c) A voucher cannot be exchanged for money so you need to either use the full value of your voucher when purchasing or accept a partial voucher if you do not which to use the full voucher.
d) Should you wish to redeem a voucher during a period when we are running a special offer on class places, the special offer will not apply to the voucher purchased. Any special offers are for classes “purchased within an offer period” and the redemption of a voucher purchased before an offer period started do not benefit from the offer price. This is because the voucher was not “purchased within the offer period” merely redeemed within an offer period. Should you redeem a voucher in an offer period, you will not benefit from any special offer price. In appropriate circumstances, we will use our discretion to permit usage of vouchers within sale periods and allow you to keep a credit to use in the future.
e) The expiration date of a voucher is written on the face of the voucher. If the voucher is unused by the expiration date (which is also printed as 6 months from the date of purchase, it is invalid.
e) Standard vouchers are valid for 6 months. The term cannot be extended.
f) No usage is permitted if the voucher has expired for any reason.
g) When you purchase a Voucher, we will send a hard copy voucher in the post to you unless you request an E voucher.
h) If you wish for the voucher to be posted to the recipient, it is your responsibility to inform us of the recipient’s full name and address at the time of purchasing the voucher. You can do this either in the “notes to seller” when you make payment or by sending us an email.
i) Full details of how to redeem a voucher are included with the Gift Voucher.
j) The copy and design of the gift vouchers belong to Pretty Witty Cakes Ltd and any attempt to copy the gift voucher or the text there to create a gift voucher which is substantially the same will be treated as theft of copyright and action will be taken accordingly.
Course Content when attending Classes and Online Tutorials
We reserve the right to change the class content or online tutorials content at any time.
All information given in courses whether online or face to face (or in any other way) is based on our opinion only and should not be taken as advice in any sense at all. Our opinion is nothing more than an opinion. By purchasing a class place or subscribing to the online tutorials, you accept that this is opinion only and not advice and you will not rely on any information given as advice.
Designs learnt in the Classes
You will be taught many different designs during Pretty Witty Cakes’ Classes. All these designs and the methods for making the designs on the cakes that you are taught belong to Pretty Witty Cakes Ltd and/or have been licenced to Pretty Witty Cakes Ltd. By purchasing a class place, you are free to copy all of these designs for the purpose of your own cake making.
If you run Classes or intend to run Classes, you are strictly prohibited from using the designs you learn in our classes to advertise or run a class which is substantially the same. It is our intention to teach you skills which will enable you to come up with your own class designs thus offering the market place something original to you. If you run classes or intend to run classes in the future, you may not use lesson plans, class format, structures, photographs, teaching techniques, pre class information, notes, wording from the PWC Classes or website for your own classes or the promotion of your own classes.
You are also prohibited from copying the Fact Pack (in whole or in part) for any purpose whatsoever.
3 – Shop Purchases
This Section 3, “Shop Purchases”, applies to you if you buy a product (other than a Class or a Voucher) from the online shop at www.prettywittycakeshop.co.uk (“Online Shop”). Section 5, “General Terms”, also applies to you and contains terms generally applicable to our relationship with you.
Pretty Witty Cakes Ltd is the operator of the online cupcake shop known as the Pretty Witty Cake Shop. Any orders placed in the online shop are between the Customer and Pretty Witty Cakes Ltd.
How do I place an order?
To place an order in the shop, just chose the product(s) you would like and press “Add to Cart”. The products will then appear on the right side of your screen in your Shopping Cart.
When you have added all your products, select “Go to Check Out”. You will be taken to the Check Out page but you will be able to review your order prior to purchasing.
You will then need to enter your billing details and you will be asked to “Make Payment”. When you select Make Payment, you will be taken to the Checkout to complete your transaction.
The Online Shop can take payments usig credit or debit cards as well as paypal
Despatch and Delivery
We aim to despatch all orders in mainland England, Scotland (not the Highlands) and Wales that are received Monday to Friday the same day as received (provided received by 2pm) with a next day delivery service if that option is checked at the checkout. Orders received after 2pm will be despatched the next day with a next day delivery service if that option is selected at the checkout. Orders placed on Saturday will be despatched the following Monday according to the delivery option selected. The courier service is fully tracked so we can trace parcels on route.
Orders outside England, Mainland Scotland and Wales are sent using 1st class post in the UK and Air Mail for overseas orders. We can only send overseas parcels via standard royal mail and not via courier.
As we are reliant on third parties not operated by Pretty Witty Cakes Ltd (for example, the Royal Mail), we do not accept responsibility for loss caused by the third party failure to deliver a parcel on time. Ownership of the goods ordered passes to the customer upon Pretty Witty Cakes Ltd Ltd obtaining proof of postage. We will assist in any investigation in local countries should your parcel be delayed locally in delivery but should a parcel go missing in a jurisdiction outside the UK we cannot be held responsible and you will be required to liaise with your local post office. We do not consent to refunds if a parcel is lost in an overseas jurisdiction and by accepting these terms and conditions, you agree not to seek any recourse to us if yoru parcel does not arrive in any overseas jurisdiction.
Should a parcel be damaged by the party delivering you must notify us with 48 hours of its delivery. We will then replace the goods and investigate the matter. We may need you to return the damaged parcel and/or provide evidence to support any claim we make for damaged goods. If you return good to us and we find they are faulty, we will refund your postage for returning them up to the value of standard first class post. We will not refund postage for next day delivery, courier or any other option.
We obtain full proof of postage for each order so we can always prove it has been posted should it not arrive at its destination.
In the event a parcel does not arrive, you must notify us within 14 days that it was been lost. We are unable to take any action (such as contacting the postal services) for 28 days as the post office insists certain time periods have passed before they will conduct an investigation.
In the event that a parcel does not arrive in an overseas jurisdiction, you must notify us within 21 days that it has been lost. We will do our best to assist you in finding the parcel and making a claim. However, we bear no responsibility for lost parcels overseas provided we can provide evidence of proof of postage. This is because we are reliant on foreign postal services over whom we have no control.
Should we make a claim for a missing parcel, we can only claim for parcels up to the value of £50 and therefore our compensation is limited to this amount. We cannot make a claim if there is evidence that a parcel did reach the local destination postal service. In such a case, you will be required to make a claim locally.
In relation to overseas parcels, in the event that a local customs office detains a parcel for any reason (for example, local customs and excise rules and regulations), the burden of obtaining the release of that parcel is on the customer and not Pretty Witty Cakes Ltd or any of its directors.
For items that are shipped internationally, you may be charged import tax/duty when you receive the item. This will be your responsibility to pay upon delivery. Unfortunately we are not able to estimate the amount of import tax/fees for specific goods as local customs’ decisions are beyond our control. Please be reassured we will do our utmost to legally minimize the tax for you.
Boxes and Heavy Items over 2kg in total.
All shipping is £4.99 in England, Wales and Scotland (excluding the Highlands). We send parcels via courier on the next day service (although cannot be liable if the third party courier is delayed for reasons beyond our control. Parcels overseas are charged at £9.99 up to 2kg. For parcels over 2kg, we will email you to collect additional postage if required.
Pretty Witty Cakes Ltd’s cutters
Pretty Witty Cakes Ltd has its own range of cutters. These cutters and the intellectual property relating to and in the design of these cutters belong to Pretty witty Cakes Ltd and must not be copied in any way whatsoever. If you purchase Pretty Witty Cakes Ltd’s cutters, you can use them in any way you like for your own cake making. However, if you run cake classes or intend to run cake classes, you cannot use the cutters in your own classes if it would result in the cakes being taught in your class being the same or substantially the same as those taught by Pretty Witty Cakes. This would prevent you using the bride and groom cutters in your cupcake classes. Pretty Witty Cakes Ltd’s cutters are not designed or intended to facilitate copying of Pretty Witty Cakes’ classes by another cupcake class provider. If it is your intention to try and copy Pretty Witty Cakes’ classes to run a similar class or one that is substantially the same or identical in your own name (whether as a sole trader, partnership or limited company), we suggest you do not purchase Pretty Witty Cakes Ltd’s cutters. If it is not your intention to run a similar or identical clause but we consider that it is similar, identical or substantially the same as one or more of Pretty Witty Cakes’ classes, the above clause also applies. Pretty Witty Cakes Ltd decision as to whether your class is substantially the same as those of Pretty Witty Cakes is final. If you purchase cutters on behalf or someone else, both you and the other person, sole trade, partnership or company would be deemed bound by these terms and conditions so we advise you to make that person aware of them. In other words, it is not possible to try and prevent yourself being bound by these terms and conditions by asking someone else to buy the cutters
on your behalf.
Returns and Refunds
If you change your mind about a product, you have the right to return it for a refund or exchange if you do so within 7 days (counted from the day you place your order). We do not offer refunds if you change your mind after that 7 days has expired. This right to a return within 7 days does not apply to edible items. If you return because you change your mind, we do not refund your postage costs and you have to pay the costs of returning the item to us.
Should a product arrive damaged or incomplete, we would offer a full refund provided you return the unused goods to us in their original packaging. If you have used a product, and it is faulty we will offer a replacement not a refund.
Please note that for health and safety reasons, we cannot exchange or refund any edible products.
If a product is faulty and you return it to us, we will cover the cost of postage for the return up to the cost of ordinary first class mail. We will not cover private courier, next day delivery or any other costs.
Our liability in respect of a faulty product is limited to replacing or refunding that product in accordance with the above clause. In no circumstances will we accept liability for any direct or consequential loss caused directly or indirectly through use of a product purchased in the Pretty Witty Cakes Ltd online shop.
If you wish to speak with us about a return or refund, please call us on 07976 32 72 78 or 01892 611 710 or mail firstname.lastname@example.org.
4 – Online Tutorials
By registering for, and/or subscribing for, and/or otherwise accessing, Pretty Witty Cakes’s online offering of video and picture tutorials and other products (“Online Tutorials”), you agree to be bound by the terms and condition set out in this Section 4, “Online Tutorials”. Section 5, “General Terms”, also applies to you and contains terms generally applicable to our relationship with you.
We provide access to the Online Tutorials (“Online Tutorial Service”) via the subsite of located at www.prettywittycakes.co.uk/online-cake-decorating-courses/ (“Tutorial Site”).
Subscription and Subscription Fee
Your subscription (“Subscription”) to the Online Tutorial Service will commence on the date that the fee for your Subscription (the “Subscription Fee”) is received by us and will last for 12 months (the “Subscription Period”).
The amount of the Subscription Fee shall be as set out on the Tutorial Site or as otherwise agreed with us. We are entitled to set this fee at any amount, change it, have special offer and discounts. If we run a special promotional offer discount on the annual subscription price, you will not be entitled to any refund of the subscription price you may have made. You are bound to honour the price paid for 12 months. Equally, if we increase the subscription price, you will not be required to increase your subscription price within the 12 month contract – we will honour your agreed rate for the 12 months.
You are responsible for payment of the Subscription Fee for your when due. If your Subscription Fee is not received when due, we may, at its sole discretion, immediately suspend or terminate your Subscription. For the avoidance of doubt, non-receipt of the Subscription Fee may take the form of refusal of a credit card charge or, if you are not paying by card, if we are not in receipt of cleared funds from you.
Content of the Online Tutorial Service
The Online Tutorial Service comprises Online Tutorials for viewing via the Tutorial Site only and includes access to such additional features added during the course of the Subscription. Online Tutorials must not be accessed via any other means.
In addition to the Online Tutorials, the content of the Online Tutorial Service includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, web pages and other materials you may view on, access through, or contribute to the Online Tutorial Service (“Tutorial Content”).
The Tutorial Content is constantly being updated and is subject to change. We reserve the right to change the Tutorial Content without notice at any time and for any reason in our absolute discretion.
Subscription to the Online Tutorials is intended to provide you with access to certain tutorials to view on your PC. Any other benefit which you may gain when you become a member is not part of your subscription and offered as a free gift. This means the free benefit can be withdrawn at any time without notice. For example, discounts on classes and on the online shop may be amended, modified, removed or replaced by alternative offers during the term of your subscription. You do not receive a refund or right to a replacement free gift should be amend, modify or remove any member benefits.
If you have membership during a 12 month period, it is likely that certain member benefits will change or be amended during this period. We reserve the right to may any changes whatsoever to the subscription service at our sole descretion and without notice.
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 Online Tutorial Service and as permitted under these terms and conditions. You shall not download any 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 licensors of the Tutorial Content. We reserve all rights not expressly granted in and to the Online Tutorial Service and the Tutorial Content.
Usage of the Online Tutorial Service
You agree not to circumvent, disable or otherwise interfere with security-related features of the Online Tutorial Service or features that prevent or restrict use or copying of any Tutorial Content or enforce limitations on use of the Online Tutorial Service or the Tutorial Content therein
Interruption of service
Although we endeavour to provide a continuous service to you, you should not rely on the continuous provision of the Online Tutorial Service to you. We will not be liable to you, and you will not be entitled to a refund, credit or damages if it becomes unavailable for any reason.
Term and Termination of Subscription
Term and Termination of Subscription
Your subscription is for 12 months and if you terminate before 12 months, you are not entitled to a refund as you will have already viewed the Online Tutorials. Upon expiry of the Subscription Period, your Subscription will automatically renew for a new 12 month Subscription Period unless you provide at least one month’s prior written notice to us at email@example.com entitled “Cancellation Subscription”.
Should a third party access or attempt to access the Online Tutorial Service using your account and/or your details, we may, at our sole discretion, terminate your Subscription immediately.
We may terminate your Subscription without notice at any time if you breach these Terms and Conditions or if we otherwise determine in our absolute discretion that there is a valid reason to terminate your Subscription.
Should your Subscription terminate part way through a Subscription Period we will not provide a refund or credit to you under any circumstances. For the avoidance of doubt. When you purchase the Online Tutorial Service, you receive all goods under the contract the moment you subscribe because you received access to ALL videos at that point. Our obligation to you is fulfilled the moment you receive your login details.
During your 12 month subscription, we will provide you with further videos free of charge and at no further cost to you. As these are free, these do not form part of your subscription payment structure. If you terminate your subscription before the 12 month period has ended, you will not received further free tutorials and you will not be entitled to a refund for those tutorials that were made available for you to view when you subscribed.
You may not authorize any minors or adults to access your account. You are responsible for supervising any disclosure or use of your account details.
In particular, you are responsible for keeping your password and account details confidential. You agree to notify us of any unauthorised use of your password or account or any other security breach.
Should you publish or otherwise distribute your password or other login details whether privately or publically, you accept and expressly agree this may detrimentally affect the Online Tutorial Service 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. For the avoidance of doubt, by agreeing to these terms and conditions, you expressly agree not to distribute in any form whatsoever the material on the Online Tutorials.
If you run a business teaching others to make cakes (for example running classes), you expressly agree you will not use any Tutorial Content (particularly videos, photos or fact packs) in whole or in part for any reason connected with your own classes. In particular, you 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.
It is expressly prohibited to post or use any material taken from the Tutorial Site on any social media page, your own website or another person’s website. ALL Material on the Tutorial Site is solely for use by subscribers and distribution by us.
Your failure to comply with these Terms and Conditions could result in substantial loss in sales. Therefore legal action is likely to be taken to recover such loss. You agree that, should you use material from the Online Tutorials on your own website, facebook page or otherwise this will cause loss to us, and therefore damages will be recoverable but will not be a sufficient remedy and therefore grant injunctive relief to us to stop the breach of these Terms and Conditions.
Changes To This Service
We may make changes to Online Tutorial Service and the Tutorial Content without prior notice although we will wherever reasonably practicable place a site notice of any necessary work to be undertaken. If we are doing work on the site and the site is down for any period, we are not liable for any temporary loss in viewing
Banning commercial resale
You agree that the Online Tutorial Service is for your personal use, and the use of other subscribers, only. You are not permitted to use the Online Tutorial Service for any commercial use, and in particular are prohibited from copying the Tutorial Content for commercial purposes or distributing the Tutorial Content.
5 – General Terms
This Section 5 applies to you if any of Sections 1 through 4 applies to you.
We occasionally run special offers on the Websites, social media pages or elsewhere. Such offers can be removed at any time without prior notice. When making a payment using a special offer or otherwise taking advantage of a special offer, you are bound by these terms and conditions in the same way as if you had booked online.
Only one special offer can be used against a booking. Special offers cannot be combined or used in conjunction with other special offers.
Offers do not apply to corporate group bookings where separate price lists are available by negotiation.
All special offers can be withdrawn at any time.
Credit cards and online payments
We do not store any credit/debit card numbers. These are only used to process payments and are not retained for any other purpose. The information may be disclosed only to our staff and to third parties involved in the completion of any transaction or the delivery of orders placed.
ALL content on the Websites, www.facebook.com/PrettyWittyCakes (“Facebook”), Twitter, Flickr, other online page or presence, book and any other area whatsoever which we uses for any reason is the intellectual property of Pretty Witty Cakes Ltd. It is forbidden to use any photo, copy, text or other material from the Websites for any reason. Downloading of any images, text, videos, online tutorials, face packs or any material is strictly prohibited. Should these 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 Websites 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 Websites (including the Tutorial Content) shall remain with us. Except as expressly provided in these Terms and Conditions, nothing shall be construed to grant to you any right, title or interest in or to such content.
“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 trade marks, trade names, service marks, trade dress, logos, URLs or identifying slogans of Pretty Witty Cakes Ltd, whether or not registered.
Limitation of liability
You agree that the use of the Websites 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 Websites on the content of any sites linked to the Websites. The content of the Websites 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 Websites, including but not limited to the Tutorial Content. We do not accept responsibility for any unauthorised 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 (including the Online Tutorials) or any bugs or viruses which may have been transmitted through the Websites 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 direct, indirect, incidental, special, punitive or consequential damages whatsoever.
You are responsible for all computer, telephone and other equipment and services necessary to access the Websites (including but not limited to the Online Tutorial Service). You are also responsible for any access charges incurred including but not limited to those charged for on-line services by telephone companies and Internet service providers.
Your indemnity to us
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents and customers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Websites and our services (including the Online Tutorial Service); (ii) your violation of any of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any Intellectual Property Right; or (iv) any claim that your caused damage to a third party. This defence and indemnification obligation will survive the termination of any arrangements between us or the application of these Terms and Conditions to you.
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:
(i) extreme weather conditions preventing Classes taking place, shop deliveries being delayed on the Websites not working for any reason including, but not limited to snow, rain, storm, fire or floods or any natural disaster whatever;
(ii) impossibility or difficulties with the use of any relevant means of public or private transport for any reason;
(iii) impossibility or difficulties with the use of public or private telecommunications networks including the internet for any access of any part of the website;
(iv) inability to receive materials ordered due to a third party supplier failure which was beyond our control;
(v) civil unrest, riots, strikes, transport delays and anything connected with such events;
(vi) the failure of any computer or telecommunications system or hardware or software of any description.
Our obligations under these Terms and Conditions are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period.
In all cases, we will take reasonable steps to bring the Force Majeure Event to a close or to find a reasonable solution by which our obligations under these Terms and Conditions can be performed despite the Force Majeure Event. If this is not possible, we will discuss with you how best to address this.
VAT and import / export duties
VAT is applied where applicable.
Import / export duties are applied in addition to all prices quoted. It is your responsibility to verify import/ export duties in advance and advise us accordingly.
Amendments to 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 the terms and conditions will suffice to give you notice.
Governing Law and Jurisdiction
All bookings, purchases, subscriptions and any other matter connected with Pretty Witty Cakes Ltd is subject to the laws and jurisdiction of England and Wales.
If you experience any queries or problems please contact us on firstname.lastname@example.org. During office hours support may be contacted via the contact number found on the website.
- All personal details supplied by you to us are kept confidential.
- We list some of our former students on our Websites. We do not mention the name of former students (natural persons) on our Websites unless otherwise agreed but we expressly reserve the right to mention on our Website the company name and/or trading names and/or publically accessible names of former students’ businesses which are already in the public domain for marketing purposes or other reasons.
- When you book a place, email us, subscribe to online tutorials or use the online shop, we will store your email on our Mailing List to keep you updated about offers. You can select to be removed from this Mailing List at any time.
- We do not record or store your financial details. If you provide us with your financial details for a specific transaction, we destroy those details once the transaction is complete.
- We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place a suitable physical, electronic and managerial procedure to safeguard the information we collect from you.
- We will not sell, distribute or lease your personal information to third parties other than in the performance of any obligations we may have to you.
- We are entitled to use information about you for marketing purposes.