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Terms & Conditions

GENERAL TERMS AND CONDITIONS

  1. These General Terms and Conditions apply to the relationship between you and us, Pretty Witty Cakes Ltd (collectively “Pretty Witty Cakes” “PWC” “us” “our” “we”).  Using the website www.prettywittycakes.co.uk (the “Site”) (or any successor or linked site) in any way means you accept to be bound by these terms and conditions. The “Site” 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.
  1. These terms apply to everyone using the website for any reason including but not limited to the following:
  • Members of the Online Tutorials subscriptions
  • Those purchasing individual Videos (IPVs)
  • Lifetime members
  • Those using the site to browse
  • Those entering a competition or a prize draw
  • Affiliates
  • Those using the forum or other features on the site including the members photo gallery, the blog or any free features on the site
  • Those with free memberships
  1. These terms are governed by English law and any contract between us and you is governed by English law and under the jurisdiction of the English courts.
  1. Each time that you access or use the Website you signify and acknowledge that you have read, understand and agree to be bound by the terms and conditions and our privacy policies.  If you do not agree to any or all of the terms and conditions of the website, you must discontinue using the Website and all services connected to Pretty Witty Cakes.  It is your obligation to take such steps to discontinue usage. We do not provide refunds where you cancel for periods before you cancelled.

USE OF THE SITE GENERALLY AND CONTENT OF THE SITE

  1. The content of the website is subject to change without notice.
  1. 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.
  1. 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 application in your situation.
     
  2. Neither we, nor our employees, directors, advisors 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 website 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. 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.
  1. 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, 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 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.
  1. Should you need any cake making advice or business advice if setting up your own business, you must consult a competent professional such as an accountant, lawyer or tax adviser.
  1. 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. It is your responsibility to ensure that your business complies with (i) any laws and regulations in your own country (ii) Food Safety laws.  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.  
  1. 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.
  1. All trademarks reproduced in the website, which are not the property of, or licensed to us, are acknowledged on the website.
  1. Unauthorised use of the website may give rise to a claim for damages and/or be a criminal offence. 
  1. 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). 
  1. You may not create a link to the website from another website or document without our prior written consent. This includes in the forum. If you create a link without our consent which must be obtained in writing via email before you post such a link, then you are 100% responsible for ensuring that the link is free from any virus, malicious content or other damaging content. You also agree to indemnify us if a third party takes action against us based on your link.
  1. 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 and Pinterest accounts so that we may take such action as we deem appropriate at our absolute discretion.
  1. We may, at our absolute discretion, block access to the website for any reason whatsoever. If we block your access due a breach of the terms and conditions we will not reimburse you for any lost membership.

ONLINE TUTORIALS

Content of the Online Tutorials

  1. The Online Tutorials comprise videos by various tutors on matters relating to baking and cake decorating or related fields. There is also supporting “Tutorial Content” comprising, in addition to the Online Tutorials, text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features, web pages and other materials related to the Online Tutorials.
  1. Benefits of Membership other than Online Tutorials are not part of a subscription. Your payment for a subscription or IPV does not go toward these.  This means the free benefit can be withdrawn at any time without notice. For example, discounts in the shop and 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 be amend, modify or remove any member benefits.
  1. 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.
  1. If you have Membership over a 12 month period, it is likely that certain member benefits and Tutorial Content will change or be amended during this period.
  1. 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 necessary work to be undertaken.
  1. 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 and Termination of Membership

  1. You can be a monthly, yearly or lifetime member at Pretty Witty Cakes (“Subscribers”). You can purchase videos individually (“IPVs”) or you can be a free member on the site. All persons using the site whether Subscribers, IPV Members, Free Members or other users of the Site are fully bound by all terms and conditions.
  1. Monthly and yearly memberships are recurring payments.  That means you agree to payment being taken each month or each year on the renewal date without further notice (a countdown clock is provided on your Album so you can always check the date of a payment).  All receipts state that the subscription is a “recurring payment”. Payments will be charged as per the current price on the website but for foreign payments not in £ stirling, there will be a currency conversion charge of around 4% which is in respect of payments we are charged by the banks to process your payment in another currency.
  2. Lifetime memberships incur a one of payment for all content that is there at the time you become a lifetime member.  "Lifetime" means either at your death or upon Pretty Witty Cakes ceasing to run online tutorials for any reason whatsoever - whichever is sooner.  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.  
  3. IPV purchases means you buy an individual video to access for as long as Pretty Witty Cakes is in existence and still operating under the original director owner.  The video will remain in your Album at all times for as long as Pretty Witty Cakes is in existence.
  4. Should Pretty Witty Cakes 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 to return any funds paid to you should either your death take place or should Pretty Witty Cakes cease to run online tutorials for any reason whatsoever or in any way.  
  1. Pretty Witty Cakes can also unilaterally alter the term or termination of a lifetime membership at its sole discretion for any reason whatsoever and at any time without notice to you and you accept this when purchasing a lifetime subscription.  
  1. You may stop being a Member at any time but we are unable to reimburse payments already made before you cancel your membership.
  1. 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.
  1. Should you repeatedly contact other members and take action which, in our absolutely discretion, is not for the benefit of Pretty Witty Cakes or abuse the private messaging service your membership will be terminated and you will not be entitled to a refund.
  1. Should your Membership terminate for any reason before the following payment is due under your chosen payment plan, you will not be entitled to a refund because you receive everything we owe you the moment you become a Member: You receive access to ALL Online Tutorials and Tutorial Content at that point.  Our obligation to you is fulfilled the moment you receive your login details.

Details on payments for different users on the site

Free content on the website

  1. Certain content is provided for free on the website and can be accessed by logging into your free account.
  1. Free content can be removed or amended at any time and all free tutorials are also subject to these terms and conditions.
  1. We have no obligation to provide free content and videos that are free can be converted to paid for videos without notice.

Individually Purchased Videos (“IPVs”)

  1. You are entitled to purchase a tutorial to keep forever (or as long as pretty Witty Cakes is in existence as an online tutorial website) from the section of the Website that caters for this.
  1. The price of the IPV is the price marked at the time of purchase.  Should you later see it for a lower price, you are not entitled to a refund.
  1. Should you buy an IPV you can access it by logging into your account and watching it from the area it is stored in your Album
  1. You are not permitted to download or in any way play or attempt to watch the IPV in any way other than from the Website.
  1. If you purchase in error and have not accessed your account, we can refund 100% of your IPV.  If you have logged into your account, we cannot offer a refund. For the avoidance of doubt we do not offer refunds on IPVs.

Subscriptions

  1. 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).  
  1. 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. 
  1. 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.  
  1. You are given access to the Online Tutorials on the day that you make your payment, but this is not a promise to continue providing the Online Tutorials to you.  We do not guarantee a certain number of tutorials during your membership. You receive everything we owe you under the contract the moment you become a Member because you receive access to ALL Online Tutorials and Tutorial Content at that point. Future videos are likely to be provided on the basis of 4 a month but this is not guaranteed. Our obligation to you is fulfilled the moment you receive your login details to access this. 
  1. You are responsible for payment for your subscription as and when due.  If your payment is not received when due, we may, at our sole discretion, immediately suspend or terminate your Membership.  Payment is ‘received’ for these purposes if your credit card transaction is successfully processed on the day payment is due, or if we are not in receipt of cleared funds from you.
  1. 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 charge back, you agree to indemnify us by making the original payment and covering our fees and expenses in dealing with the issue. 
  1. We are entitled to set the amount to be paid for subscriptions as we see fit.  There is no representation that the monthly or yearly cost will remain the same each month or year. We may increase the price of the subscriptions upwards as the number of tutorials on the site increases.  You will be notified via a notice on the website and/or an email of any price increases as and when they arise and they will apply to your membership regardless of the price you originally subscribed for. 
  1. Should the price of a subscription increase, we will notify you by putting a notice on the website (“Price Notification”) so that when you login you will not be able to use the site until you confirm you have read and accept the price increase or new terms and conditions.  We will also email via email newsletter notification of any price increases. Provided we can prove we sent the email to your email address or you tick the box to confirm the Price Notification showing you have read revised terms and conditions when logging into the website after the price has increased, you are bound by any price increase and cannot later seek a retrospective refund.
  1. Failure to re-confirm the terms and conditions when we make a change to the terms and conditions will result in you being unable to use the site and we will not be able to reimburse you. 
  1. If the price of the subscription increases and you do not wish to continue using the site, you must cancel your subscription using the cancel button in your Album before your news payment is due. Emailing us alone is not sufficient notice. If you do not want to be bound by a price increase you are entitled to cancel your subscription any time before the price increase takes effect at your next renewal date but will not receive a refund for payments already processed.
  1. There may be special offers and/or discounts from time to time.  If we run a special promotional offer or discount, you will not be entitled to any refund of the subscription price you have already made before the offer. Likewise, if the cost of Membership increases, we will not seek a balancing payment from you in respect of your historic payment.

Recurring payments for subscriptions

  1. When you purchase a monthly or yearly subscription, this means that you are consenting to payment on a recurring basis at the current price for the subscription. BY continuing with your purchase of a subscription and ticking these terms and conditions you accept this and are aware of the fact that the payment is recurring as it is, by its nature, a subscription with a recurring payment. 
  1. When the subsequent payment date comes, your payment will automatically be taken for the same term. You consent to this by confirming these terms and conditions and proceeding with becoming a member.
  1. Payment is taken each month on or around the same days.  You can check when payment is due by checking against the previous month or looking on the countdown clock on your Album page. We cannot guaranteed payment on the same day each month as the banks process on our behalf.  Please ensure you check the Album if you want to know the exact day of payment. The Album clock is permanently displayed to give you a live 24 hour update as to how many date until automatic renewal.
  1. It is 100% your responsibility to ensure you check your emails and your spam or junk folder to ensure you do not miss emails from us as to renewal or special offers email.  You can also check your Album countdown clock for a live update of when your payment is due.
  1. If you do not wish your subscription to automatically renew, you can cancel the renewal at any time up to the payment date by clicking the cancel button in the billing section in your Album.  It is your responsibility to cancel before the payment is taken.  
  1. Should you forget to cancel your subscription: (i) for monthly members if payment has been taken you will be able to cancel at any time but no reimbursement for payments made prior to the cancellation date can be given. You will need to cancel for the following month. (ii) for yearly members, you can cancel any time but  if you choose to cancel after the annual payment has gone through provided you notify us within 30 days of the payment being taken (counted from the date of the renewal being due), we are happy to refund you provided you have not accessed the account after payment was due.  After 30 days we are unable to offer refunds for accounts that you forgot to cancel.  
  2. If you have accessed your account within the 30 day period you will be unable to be refunded you in full but we can refund you less a charge for one month which is based on the standard monthly charge at the time.  This is becuase accessing an account is inconsistent with maintaining you forgot about your payment or account being there.  If we feel a refund is available as an option (which is discretionary), if may be subject to an admin charge depending on the circumstances. For the avoidance of doubt, we do not offer partial refunds part way through a year.  The right to a refund is lost after 30 days subject to our discretion.   
  1. For the avoidance of doubt, do NOT login or use your account if you wish to exercise your right to cancel your subscription.
     
  2. If you opt to purchase a subscription in PayPal, PayPak will manage the recurring payment element.  As a result of the way PayPal and PWC interact, it is not possible to cancel your recurring payment element of the subscription in PayPal in advance of the due date. If you cancel in PayPal, the subscription will cancel immediately regardless of the number of days you have left on your subscription.  Instead, you need to make a note of when your subscription is due to renew and ensure you cancel just before that date. We are unable to restart subscriptions once cancelled and cannot refund past payments.  

Special offers

  1. We occasionally run special offers on the Website, social media accounts controlled by us, including but not limited to Facebook, Twitter, Flickr and Pinterest accounts ("Our Social Media Accounts") and elsewhere. We also send out special offers via our Mailing Lists.
  1. Special offers can be removed at any time without prior notice.  Only one special offer can be used against a purchase.  Special offers cannot be combined or used in conjunction with other special offers.  When making a payment using a special offer or otherwise taking advantage of a special offer, you are bound by these General Terms and Conditions in the same way as if you had purchased online as a full paying member. 
  1. If you obtain access to the Online Tutorial Membership for your first year, month or quarter via a special discounted price, once your renewal date comes around, you will be charged the normal price for that year NOT at the discounted price. If you do not wish to renew at the normal price after your discounted period, you must ensure that you cancel the membership before the renewal price is taken automatically.  If you fail to cancel before the renewal payment is taken, we cannot offer a refund at all in the case of an original special offer payment. If you wish to continue at the original price, please contact us before renewal at the full price. 
  1. We run offers where you can gain access to the Online Tutorials for 14 days (or other period) for free or for a small fee (usually 50 p or £1).  Where these offers apply, you will be asked for your payment details as once the trial period has ended, you will be charged the monthly membership fee starting on or around the end of day 14.  You can cancel at any time but will not be refunded for payments already taken before your cancellation date and cannot seek to recover such sums where you forgot to cancel. You can cancel any time using the Cancel button in the billing section of your Album.
  1. We occasionally run offers where you can gain a period of access (for example 14 days) to the Online Tutorials in exchange for you paying a small sum which is then given to charity.  Where these offers apply, you will be asked for your payment details as once the trial period has ended, you will be charged the monthly membership fee starting on or around the end of day 14.  You can cancel at any time but will not be refunded for payments already taken before your cancellation date and you agree that you cannot seek to recover such sums where you forgot to cancel. You can cancel any time using the Cancel button in the billing section of your Album.
     
  2. We often issue vouchers for discounts on subscriptions or IPVs.  A voucher can only be used online and if you forget to input the voucher code we cannot manually apply it for you and refund part of your payment. If you purchase a subscription full price and a sale is released after you purchase, you are not able to retrospectively back date the price you paid to make it the same level as the sale price. You can of course add on a future period at the sale price if you choose.  

Changes to the Online Tutorials

  1. If you have Membership over a 12 month period, it is likely that certain member benefits and Tutorial Content will change or be amended during this period.
  1. 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 necessary work to be undertaken.
  1. 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.
  1. 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.    

Gift Membership

  1. We have Gift Vouchers available generally (for use against membership and in the online shop) and also specifically 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. 
  1. A gift voucher recipient will be obliged to enter their own card details where they are renewing a voucher for a subscription.  Future subscription payments will be charged to their card (unless they cancel before renewal).
  1. 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.  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. 

Interruption of service

  1. 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.  
  1. 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 out contractual obligations with you in terms of providing content are fulfilled within 24 hours of you becoming a member.

Acceptable Use of Tutorial Content

  1. 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.
  1. 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 licensors of the Tutorial Content.
  1. We reserve all rights not expressly granted in and to the Online Tutorials and the Tutorial Content.

Your Additional Responsibilities

  1. 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 unauthorised 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.
  1. 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.
  1. 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 Members photo gallery and the forum and under the video Questions tab. Should you advertise another site illegally, we reserve the right to terminate your membership without reimbursement.

Our Maximum Liability to You

  1. If, for any reason, the Online Tutorials were to cease, we are unable to provide a return of any payments made by you.
  1. 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 nor refund any subscription or other amounts paid to us under any circumstances.
  1. 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 the amount such Member has paid in the preceding 24 hour period. As you gain full access to the site at this point there is no further liability on our part after 24 hours to provide you with continuing access no matter what type of membership you have.

Competitors and prohibition on copying or resale

  1. 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.
  1. 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, 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.
  1. 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 Ltd 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. 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 form the online cake business tutorial   
  1. 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.
  1. 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.

Members Photo Gallery

  1. Use of the Members' Photo Gallery requires users to ensure they do not breach other copyright or intellectual property rights. In particular:
  • If you upload a photo, it must be of your own work and by uploading that photo, you state that it is your own work and that you hold the full copyright and intellectual property rights to those photos
  • You cannot upload photos which breach the copyright of others. We reserve the right to remove such photos but we are not responsible for removing such photos
  • Should you upload photos which breach intellectual property rights of others, and action is taken against Pretty Witty Cakes Ltd or any of its directors or employers, you agree to indemnify us for any loss we may suffer as a result. It is not permitted for you to upload images which breach the copyright or other intellectual property of any other person or company.  It is your sole responsibility to ensure you do not breach another person or companies intellectual property when uploading a photo to the Members Gallery or anywhere else on the website.
  • By uploading photos to the members gallery you are giving us unfettered rights to use such images for any marketing or publicity or for any reason we may wish and we do not need to seek your consent to use such images. For example, we may post such images to social media sites or use them for marketing of the Pretty Witty Cakes' website or brand or for competitions. 

Pdf Tutorials

  1. All terms and conditions also apply to the pdf tutorials.  All pdf tutorials are owned by Pretty Witty Cakes Ltd (including for the avoidance of doubt all intellectual property rights).  If you purchase a pdf tutorial, it is for personal use only. You are prohibited from sending it to third parties, reselling, re-formatting for sale or any other commercial use whatsoever. If you sell, distribute, copy or otherwise use pdf tutorials other than for personal use, you agree to account to Pretty Witty Cakes for any profits and sales made by you or instigated or facilitated by you. You also agree to indemnify us for any costs in relation to you breaching this clause. 

Rewards Points

  1. As a Member, you can collect reward points 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. Purchases made over the phone will not qualify and will be charged at non-member-price

FORUMS AND DISCUSSION BOARDS

  1. 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.
  1. 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 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.
  1. 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

  1. By interacting with the Website, you agree to abide by this Proper Use Policy which we may revise from time to time.
  1. 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.
  1. 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.  It is left to the discretion of Pretty Witty Cakes Ltd as to whether a comment or post is deemed an attack.
  1. Advertising of competing sites that run online tutorials or online cake decorating classes 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.
  1. 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. 
  1. 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. Any advertising on the Website is limited to paid advertising which is arranged directly with Pretty Witty Cakes Ltd.  If you wish to advertise with us, contact cupcakes@prettywittycakes.co.uk 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.
  1. 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.
  1. 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.
  1. You will not upload, transmit or facilitate viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or other malicious code.
  1. 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.
  1. 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.
  1. 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.
  1. Your contributions/posts and content you load onto the Website must not:
  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • breach any applicable law or regulation, including English law and regulation;
  • be likely to deceive any person;
  • be for the purpose of harming or attempting to harm minors in any way and you must not be a convicted sex offender;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to bully, intimidate, harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

WHAT IF THERE IS A BREACH OF THE PROPER USE POLICY?

  1. 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.
  1. 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.
  1. 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:
  • withdraw your right to use the Website; and/or
  • terminate our agreement with you; and/or
  • remove any posting or material uploaded by you to the Website; and/or
  • issue a warning to you; and/or
  • institute legal proceedings against you for reimbursement of all our or others’ costs, damages and losses on a full indemnity basis (including, but not limited to, all administrative and legal costs); and/or
  • disclose such information immediately to law enforcement or other authorities as we feel is necessary
  1.  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
  1. In particular, we are not liable for the content you upload to the site. Should you upload anything which infringes and 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?

  1. If you post content that is covered by intellectual property rights, like photos and videos (“IP”):
  • you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP that you post on or in connection with the Website (“IP Licence”). This IP Licence ends when you delete your IP unless your IP has been shared with other Users or re-used by other Users on the Website, and they have not deleted it.  When you delete IP, it may persist in backup copies for a reasonable period of time (but will not be available to others); and
  • you warrant to us that you have the power and authority to grant us the IP Licence and in particular that:
  • you own the copyright to the IP as its author. If another person has photographed or filmed the IP, you warrant that you have received an assignment of all associated copyright to that IP from that person. We may ask to see evidence of that assignment at any time;
  • your entry has not been copied, does not contain any third-party materials and/or content that you do not have permission to use, does not promote any goods or services other than ours or include any trade marks (other than those belonging to us), and does not show inappropriate or dangerous behaviour, or otherwise be obscene, defamatory, distasteful, offensive, or in breach of any applicable law or regulation, or in breach of any confidentiality obligations owed by you to third parties; and
  • each individual whose image is featured in the IP has given consent for the use of his/her image in connection with this IP and in accordance with these General Terms and Conditions. Where an individual whose image is featured in such IP is aged less than the age of majority in the jurisdiction in which they reside you confirm that the parent or guardian of that individual has given the relevant consent.
  • You will indemnify us for any loss whatsoever that we suffer and hold us harmless (i.e. ensure the defence of) against any claim made by a third party against us in respect of the IP or the IP Licence.

SHOP PURCHASES, INCLUDING VOUCHERS

  1. 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.
  1. An order is not accepted until we have confirmed it is dispatched.  Occasionally we run out of stock of items and we will notify you and offer a full refund if this is the case.  We are not obliged to fulfil orders where we do not have adequate stock particularly during sale periods as we make no confirmation that the stock is in stock when you order. The website stock levels are only indicative.  

How do I place an order?

  1. 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
  2. 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.
  3. 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.
  1. The Online Shop can take payments using credit or debit cards as well as PayPal .

Gift Vouchers

  1. We sell gift vouchers (“Gift Vouchers”) in our shop which can be redeemed against anything of monetary value on the Website including Classes (where available), Online Tutorial Membership and products from our shop.
  1. They cannot be exchanged for cash but may be exchanged for items at a higher price than their face value on payment of the difference. If the full value of the Gift Voucher is not used, no change will be given and we will not credit the balance to your account.
  1. Gift Vouchers must be redeemed by the expiry date, which is typically six months from the date of purchase.  If it is not used by such expiry date, it is invalid and can no longer be redeemed against anything of monetary value on the Website.
  1. When you purchase a Gift Voucher, we will send an electronic Gift Voucher to you by email so it arrives in time for any occasion.  If you want us to send the Gift Voucher to the recipient by email, you must input the recipient’s email address into the system at the time of purchase and the Gift Voucher will be sent automatically.
  1. Full details of how to redeem the Gift Voucher are provided to you or the recipient (as the case may be) in the cover email.
  1. The copy and design of the Gift Vouchers belong to Pretty Witty Cakes Ltd and any attempt to copy any Gift Voucher or the text therein will be treated as intellectual property / copyright theft and action will be taken accordingly.
  1. Gift Vouchers are not for a specific thing and can be used for online tutorials, the shop or classes where available. There is no guarantee that a class will run during the term of a voucher and we cannot extend vouchers for any reason as they can be used elsewhere on the site.
  1.  Should the specific item that you wish to purchase with your voucher be unavailable or discontinued, there is no right to a cash refund for the voucher. You may instead use the voucher for another product or service on the site. 
  1. Should PWC cease to operate all voucher will automatically become null and void. There is no right to a refund in such circumstances. 
  1. Should you purchase a Gift Voucher for someone, please ensure you are certain the recipient would like a Gift Voucher as we cannot later exchange the Gift Voucher for cash.
  1. If you buy a Gift Voucher and the recipient does not want it, we cannot refund the Gift Voucher.   

Special offers in the online shop  

  1. We occasionally run special offers on the Website, social media accounts controlled by us, including but not limited to Facebook, Twitter, Flickr and Pinterest accounts ("Our Social Media Accounts") and elsewhere. Special offers can be removed at any time without prior notice.  Only one special offer can be used against an order.  
  1. Special offers cannot be combined or used in conjunction with other special offers.  When making a payment using a special offer or otherwise taking advantage of a special offer, you are bound by these General Terms and Conditions in the same way as if you had booked online.  Special offers do not apply to corporate group bookings where separate price lists are available by negotiation.
  1. In particular, you cannot use special offers when redeeming coupons as Special offers only apply to “purchases” not to “redemptions” of vouchers.
  1. All orders are subject to availability.  In normal periods and in sale periods we may not be able to fulfill your order if these is high demand and we are not obliged to. In such circumstances, a full refund will be given

Despatch and Delivery

  1. Delivery to the UK can be by courier or Royal Mail.  Delivery outside the UK is by airmail or an international courier.
  1. We are restricted in what we can send by UK and international rules and the policies of postal services providers.  Full details of restrictions can be found at http://www.royalmail.com/sites/default/files/6966_Dangerous_Goods_A5_Bus... In particular, we cannot despatch aerosols for delivery outside the UK.   In addition, sale of knives in the UK is restricted so purchasers must be over 18 years of age.  It Is up to you to ensure that your order complies with restrictions in the destination jurisdiction.  We do not check this.  For example, in certain jurisdictions the purchase of items containing alcohol may be prohibited and such items may be confiscated.
  1. Should you order something in our shop which we cannot ship to your country and we be aware of this, we will remove it from your parcel and refund you.  Should we not be aware of any restriction and the item be confiscated during transit we will not be liable for any replacement or reimbursement.
  1. If you selected delivery to the UK by courier and we received your order before 2 pm on a weekday when we are open for business (a “Business Day”), we aim to despatch your order on that day.  We cannot guarantee a same day despatch or a next day delivery. Courier orders received after 2 pm on a Business Day will be despatched on the next Business Day or as close as possible to that.   Deliveries other than by courier are despatched within three to five Business Days.
  1. Courier orders are typically delivered to UK destinations the day (not being a Sunday or a bank holiday) after despatch.  Courier orders to the ‘offshore destinations’ (Northern Ireland, Channel Islands, Isle of Man, Scilly Isles and Isle of Wight), the Scottish Highlands (AB30-38, AB44-56, FK17-99, G83, IV1-28, IV30-39, IV52-54, IV63, KW1-14, PA21-33, PA34-40, PH18-26, PH30, PH31-41, PH49-50) and the Scottish Islands (HS1-9, IV40-51, IV55-56, KA27-28, KW15-17, PA20, PA41-49, PA60-78, PH42-44, ZE1-3) will typically take another day.  Courier services are fully tracked so you can track progress. Couriers will attempt delivery to UK destinations three times.  Delivery other than by courier should take the time indicated by Royal Mail but there is no guarantee of this.
  1. Whichever delivery option you select, postage and packaging costs are calculated based on a combination of weight and destination and will be calculated as disclosed to you before you complete your purchase.  If for any reason, the cost of postage and packaging is higher than that previously disclosed to you, we will notify you prior to taking further payment from you.  If a courier has attempted UK delivery of your order three times but been unable to do so, you may need to make a further payment in order to take delivery.
  1. You must notify us at cupcakes@prettywittycakes.co.uk in the unfortunate event that your order is not delivered:
  • within 48 hours of the expected delivery time, if delivery by courier to a UK destination.  It is very rare that the delivery cannot  be tracked, but we need you to contact us urgently if you don’t receive it as, the more time passes, the less likely that the courier company will be able to put its finger on it.  The courier company only compensates for losses over £35 so if you fail to notify us within 24 hours we may not be able to refund you if the parcel is not located
  • within 14 days of your order for UK deliveries by Royal Mail.  We cannot take action (such as contacting the postal services) for 28 days as Royal Mail insists certain time periods have passed before they will conduct an investigation, following which we will help you deal with the Royal Mail.  You can claim up to £50 from Royal Mail; and
  • within 28 days of your order for non-UK deliveries.  We will provide such reasonable assistance as we can in finding the parcel and making a claim but may not be familiar with your local postal service.  If the delivery problem occurred in the UK, you can claim up to £50 from Royal Mail. 
  1. We do not pay refunds if an international order is lost where you have opted for a non tracked service and you agree not to seek any recourse to us if your parcel does not arrive in any overseas jurisdiction. We cannot accept responsibility for loss caused by the postal agencies’/courier’s failure to deliver a parcel on time or at all as these are outside our control but we will assist you to deal with them where possible.  In no circumstances will we accept liability for any direct or consequential loss caused directly or indirectly through use of, non-delivery or damaged condition of a product purchased in the Pretty Witty Cakes Ltd online shop.
  1. If your goods arrive in a damaged condition, send us a photo within 48 hours at cupcakes@prettywittycakes.co.uk.  We will then investigate the matter and either replace the goods or provide you with a refund, at our discretion.  Prior to such replacement/refund you may need to return the damaged parcel and/or provide supporting evidence (in order to support any claim we make) at your own cost.   We will refund transport up to the value of first class post only (and not for courier, taxi or other costs). .  In no circumstances will we accept liability for any direct or consequential loss caused directly or indirectly through use of, non-delivery or damaged condition of a product purchased in the Pretty Witty Cakes Ltd online shop.
  1. Ownership of the goods ordered passes to you when we hand your order to the courier or otherwise obtain ‘proof of postage’ at the time of posting.  This means that damage of, or loss to, your item after that point in time is at your expense and we are under no obligation to compensate you for that.  You are welcome to arrange insurance for your item to cover the risk of its loss or damage in transit.
  1. If a foreign authority/customs office detains a parcel for any reason (for example, local customs and excise rules and regulations), it is for you to obtain the release of that parcel.  We will try to help (by providing delivery/manifest details, for example) where we reasonably can.
  1. For items that are shipped internationally, you may be charged import tax/duty or a levy or fee by your local authorities.  It is your responsibility to pay these.  We cannot advise for particular jurisdictions whether these apply or how much they are likely to be but we will try to help you minimise the cost if we can.
  1. For European orders, our website cannot operate a reverse charge principle on VAT automatically. We therefore do not supply goods or services to European companies that are VAT registered in reverse charge countries only to non VAT registered companies and natural persons. If you wish to purchase from Europe you will need to complete your purchase both in terms of billing address and shipping address as a natural person not as a VAT registered company. Failure to do so will be your responsibility and we accept no responsibility for any loss this may cause you. You may be required to return your goods for a refund at your own expense should you failed to comply with this condition - subject to edible goods which cannot be returned. 
  1. If, for any reason, there is a problem with your order or an item missing, you must notify us within 24 hours of receipt via email of the problem.  Failure to notify us within this time means that we cannot take any steps to deal with the problem. 
  1. We do not make any representations as to whether you can use the items in the shop in your own jurisdiction. You are 100% responsible for fully checking that the shop item is safe and legal to use in your own jurisdiction. In relation to food items, it is your responsibility to ensure the item is food safe in your own country and we accept no responsibility if you purchase something which are you are not permitted to use in your own country. 

Returns and Refunds

  1. 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.  Please note that for health and safety reasons, we cannot exchange or refund any edible products for any reason whatsoever.

Sale Goods

  1. If you buy anything in our sale section you cannot return it for any reason.  Sale items are items that may be nearing the end of their shelf life or items that are end of line and we cannot therefore accept returns. Please note edible items cannot be returned whether they are full price or sale price to ensure all health and safety laws are complied with 

CLASS BOOKINGS

  1. This section applies to face to face live classes if we are running those.
  1. 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.
  1. 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 cupcakes@prettywittycakes.co.uk.
  1. 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.
  1. 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.
  1. We cannot hold class places pending payment under any circumstances.
  1. Class places cannot be booked in instalments unless specifically advertised for that class. Instalment payment options can currently only be made by phone or offline via a PayPal request and therefore do not qualify for online payment prices, discounts or for reward points. Although instalment options are available, they are only available to the original non-discounted price of the class.
  1. 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.
  1. 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.
  1. 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.

Special offers on classes

  1. We occasionally run special offers on the Website, social media accounts controlled by us, including but not limited to Facebook, Twitter, Flickr and Pinterest accounts ("Our Social Media Accounts") and elsewhere. Special offers can be removed at any time without prior notice.  Only one special offer can be used against a booking.  Special offers cannot be combined or used in conjunction with other special offers.  When making a payment using a special offer or otherwise taking advantage of a special offer, you are bound by these General Terms and Conditions in the same way as if you had booked online.  Special offers do not apply to corporate group bookings where separate price lists are available by negotiation

Joining details

  1. 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.
    Classes are taught by those tutors stated as stated on the website.

Booking classes for other people

  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. If you buy a place as a gift for someone else, please notify us at the time of booking.

Cancelling, moving place and refunds on classes.

  1. 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.
  1. 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.
  1. 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.
  1. Taking out insurance is particularly important during the winter months when the likelihood of unfavourable weather and associated travel disruption is higher.
  1. 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 and cannot be greater than £250.  To the maximum extent permissible in law, Pretty Witty Cakes Ltd excludes all liability for loss (whether direct, indirect, economic or consequential loss) however incurred by the Customer, arising from any act or omission or failure by Pretty Witty Cakes Ltd, its owner, employees or contractors  in connection with the Class.
  1. We cannot be responsible if a tutor cancels a Class as this event would be outside of our control.   However, we will try to assist you in recovering monies from the tutor.
  1. 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.
  1. 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.
  1. 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.

Arriving late

  1. 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.

Class content

  1. We reserve the right to change the Class content at any time
  2. 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, you accept that this is opinion only and not advice and you will not rely on any information given as advice. You should consult a competent professional such as an accountant, lawyer or tax adviser.

Using designs learn in the class

  1. 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.
  1. 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 very similar.  It is our intention to teach you skills which will enable you to come up with your own class designs, therefore offering the market place something novel.  If you run classes or intend to run classes in the future, you may not use lesson plans, class format, outlines, 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.
  1. You are also prohibited from copying the Fact Pack (in whole or in part) for any purpose whatsoever.

Transport of cakes

  1. We are in no way responsible for your cake after you leave the premises. Should anything happen to your cake during transportation that is your responsibility and we bear no responsibility for you cake or other belongings once you have left the classroom. Leaving the classroom means once you have left the kitchen and entered the hallway to exit the premises.  

Property on the premises

  1. You bring all personally property onto our premises at your own risk. We bear no responsibility for your property at time when you are on the premises or after. Should you ask to keep a cake on the premises overnight, we accept no responsibility for it. As this is a residential premise, there is a possibility of damage and therefore we advise against you leaving cakes on the premises between classes.

COMPETITIONS AND PRIZE DRAWS

  1. All competition entries are bound by the terms and conditions on the website.
  1. In order for you to enter one of our Competitions/Prize Draws:
  • you must be aged 18 or over and be either (i) UK residents or (ii) permitted by your local law to enter without registration or other formalities.
  • you do not need to purchase anything to enter a Competition/Prize Draw.  Entering a Competition/Prize Draw is free. 
  • you must submit your own valid email address (you must be authorised by the internet/online service provider for that account) or username, if the system permits.  Only one entry per person except where if the Competition/Prize Draw states otherwise.
  1. Please ensure that your entry is not incomplete, illegible, corrupted and reaches us in time otherwise we cannot process it. Proof of sending is not proof of receipt.
  1. You are responsible for the cost (if any) of sending your entry to us.
  1. Competition/Prize Draws that are judged according to 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.
  1. In the event that you submit a video or photo, you warrant to us that:
  • you own the copyright to your Competition/Prize Draw entry as its author. If another person has photographed or filmed your entry, you warrant that you have received an assignment of all associated copyright to that entry from that person. We may ask to see evidence of that assignment at any time;
  • your entry has not been copied, does not contain any third-party materials and/or content that you do not have permission to use, does not promote any goods or services other than ours or include any trade marks (other than those belonging to us), and does not show inappropriate or dangerous behaviour, or otherwise be obscene, defamatory, distasteful, offensive, or in breach of any applicable law or regulation, or in breach of any confidentiality obligations owed by you to third parties; and
  • each individual whose image is featured in the Competition/Prize Draw entry has given consent for the use of his/her image in connection with this Competition/Prize Draw and in accordance with these Prize Terms and Conditions. Where an individual whose image is featured in a Competition/Prize Draw entry is aged less than the age of majority in the jurisdiction in which they reside the entrant confirms that the parent or guardian of that individual has given the relevant consent.
  1. You will indemnify us for any loss that we suffer and hold us harmless against (i.e. ensure the defence of) any claim made by a third party against us in respect of such video or photo.
     
  2. The prizes are non-exchangeable, non-transferable and not redeemable for cash or any other prize
  1. 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.
  1. 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.
  1. 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.
  1. 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 organising 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.
  1. 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.
  1. We reserve the right, at our sole discretion, to disqualify your entry if:
  • you have tampered with the entry or Competition/Prize Draw process or who has damaged the Website or undermined its legitimate operation; or
  • it does not comply with these Prize Terms and Conditions, you have not obtained the consents detailed in condition 6 above, you are not eligible to enter the Competition/Prize Draw, or you cannot be contacted.
  1. 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.
  1. 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 law for fraud or fraudulent misrepresentation, or for death or personal injury resulting from our negligence
  1. 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 our reasonable control. Such circumstances shall include, but not be limited to, computer hardware of 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.
  1. If a prize is damaged by a courier on route to you, we will not offer a replacement or a cash refund.
  1. You acknowledge that:
  • any Competition/Prize Draw is in no way sponsored, endorsed or administered by, or associated with, Facebook or other social media or other service providers;
  • any information you provide to any social media account controlled by us, including but not limited to Facebook, Twitter, Flickr and Pinterest accounts ("Our Social Media Accounts") is provided to us rather than the social media or other service providers; and
  • you hereby release Facebook and other social media and other service providers from any claim or liability suffered in connection with any Competition/Prize Draw.
  1. 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.

AFFILIATES

  1. 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 Share a Sale who provide the affiliate service site.
  1. 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 in this Section 7, and are responsible for your employees’, agents’ and contractors’ compliance with them.

Enrolment

  1. You can apply to enrol 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.
  1. It is a condition of the Affiliate Programme that any website or other platform that you will link to the Website (“Sites”) be suitable at all times.  Unsuitable sites include, but are not limited to, those that:
  • Infringe trademark rights of yours or any third party or otherwise violate the rights of any third party; or
  • Contain sexually explicit materials; or
  • Contain hate/violent/offensive content; or
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; or
  • Promote illegal activities or otherwise violate any applicable laws, including those targeting “spyware,” “adware” or SPAM; or
  • Violate any intellectual property rights, including, without limitation, scraping text or images from the Websites or any social media account controlled by us, including but not limited to Facebook, Twitter, Flickr and Pinterest accounts ("Our Social Media Accounts"); or
  • Do not clearly state an online privacy policy to its visitors; or
  • Otherwise are considered offensive or inappropriate at our sole discretion; or
  • Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information; or
  • Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website
  1. You represent and warrant that the Sites comply with these requirements and that you have authority to perform or procure performance of the obligations relating to the Sites as required by these Affiliate Terms and Conditions.

Conditions

  1. 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.
  1. 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.
  • You will only use linking code, banners and images for Links obtained from the affiliate interface without manipulation.
  • All domains where you place your links must be listed in your affiliate profile.
  • Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
  • You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating).
  • Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
  • If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
  • You represent and warrant that the Links comply with these requirements and that you have authority to perform or procure performance of the obligations relating to Links as required by these Affiliate Terms and Conditions.

EXCLUSION OF REPRESENTATIONS AND WARRANTIES

  1. 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.
  1. 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).
  1. 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.
  1. 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.
  1. We grant you a revocable, non-exclusive licence 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-licence 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.
  1. 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.
  1. 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.

Compliance with all laws

  1. You must comply with all applicable laws, rules and regulations when promoting Pretty Witty Cakes 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.

Communications

  1. 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 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 does not exist.
  1. 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 amount 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.
  1. 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

Confidentiality

  1. 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.
  1. 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 unauthorised 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 unauthorised manner.

Termination

  1. 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 notice of such termination to the other party.
  1. 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 determines, 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.
  1. 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.
  1. 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

LIABILITY AND INDEMNITY / REIMBURSEMENT

  1. 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

  1. 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 behaviour, shall be recoverable by us.
  1. 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.
  1. 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 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 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.
  1. 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.
  1. 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 on-line services by telephone companies and Internet service providers.
  1. 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 unauthorised access to data through third party hackers. 
  1. 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

  1. 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:
  • extreme weather conditions preventing Classes taking place, shop deliveries being delayed or the Website not working for any reason including, but not limited to winds, snow, rain, storm, fire or floods or any natural disaster whatever;
  • impossibility or difficulties with the use of any relevant means of public or private transport for any reason;
  • cancellation by any third party of related services;
  • impossibility or difficulties with the use of public or private telecommunications networks including the internet for any access of any part of the Website;
  • inability to receive materials ordered due to a third party supplier failure which was beyond our control;
  • civil unrest, riots, strikes, transport delays and anything connected with such events;
  • the failure of any computer or telecommunications system or hardware or software of any description; or
  • the failure of the Website, affiliate interface or supporting or connected technology.
  • Our obligations under these General 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 General 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.

INTELLECTUAL PROPERTY

  1. 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 uses for any reason is the intellectual property of Pretty Witty Cakes 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.
  1. 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.
  1. 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 Cakes Ltd. You accept this by confirming these terms and conditions when you join the site.   
  1. “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.
  1. “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.

 PRIVACY POLICY

  1. This Section  “Privacy Policy”, applies to our collection, storage and use of your personal data.
  1. All personal details supplied by you to us are kept confidential.
  1. We list some of our former students on our Website. We do not mention the name of former students (natural persons) on our Website 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.
  1. 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.
  1. We reserve the right to update our privacy policy at any time by updating these General Terms and Conditions.  You should check this page from time to time to ensure that you are happy with any changes.
  1. 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.
  1. 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 do not store credit card details nor do we share financial details with any 3rd parties. 
  1. We are entitled to use information about you for marketing purposes and we may use cookies or allow affiliates we work with to use cookies for marketing purposes.
  1. A cookie consists of information sent by a webserve to search a browser and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.  We may use both "session" cookies and "persistent" cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website. We will use the persistent cookies to: enable our website to recognise you when you visit. Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date. We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google's privacy policy is available at:http://www.google.com/privacypolicy.html. Our advertisers/payment services providers may also send you cookies. We publish Google AdSense sense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour across the web using cookies. You can view, delete or add interest categories associated with your browser using Google's Ads Preference Manager, available at: http://www.google.com/ads/preferences/. You can opt-out of the AdSense partner network cookie at: http://www.google.com/privacy_ads.html. However, this opt-out mechanism uses a cookie, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plug-in available at: http://www.google.com/ads/preferences/plugin. Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer you can refuse all cookies by clicking "Tools", "Internet Options", "Privacy", and selecting "Block all cookies" using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites.

MISCELLANEOUS

  1. 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.

Retrospective effect

  1. 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 advice you to regularly read the terms and conditions. 

VAT and import/export duties and local taxes

  1. 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

  1. All non-sterling payments will need to be converted to sterling before they reach Pretty Witty Cakes Ltd's bank account. This is done by a bank or payment gateway such as PayPal. The cost of the currency conversion must be borne by the payee and will be added to the transaction as a 4% charge on top of the payment of goods. Please note that this payment of 4 is paid in part or in full towards the relevant bank charged and currency exchange rates. It is set at 4% due to the variations in daily exchange rate and we reserve the right to increase or decrease this percentage at will without notifying you. The 4% charge will always appear on your receipt at checkout. If the bank increase the charge above 4% we will increase our charge and will not notify you.

AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

  1. 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 acceptable of the chance.

Illegal terms

  1. 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

  1. 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.

SUPPORT

  1. If you experience any queries or problems please contact us on cupcakes@prettywittycakes.co.u.  during office hours support may be contacted via the contact number found on the website.

CREDITS

We are grateful to all persons or corporates who allow us permission to use material on our site.  Our sound affects in some videos are supplied courtesy of http://www.freesfx.co.uk/ and we are grateful to them for such effects.