No Rules Textile Society - Terms and Conditions
I am so pleased you have found us at No Rules Textile Society, online courses and membership - please read the following important terms and conditions before you sign up to them.
This contract sets out:
• your legal rights and responsibilities;
• my legal rights and responsibilities; and
• certain key information required by law.
The intention is that it will bring clarity to our relationship, protect both of us and take care of the business side of things so that we can get on with the good stuff! Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services.
In this contract:
• ‘I’, ‘me’ or ‘my’ means Jayne Emerson or trading as Jayne Emerson Textile Design or No Rules Textile Society.
• ‘You’ or ‘your’ means the person buying or using my services and resources.
If you would like to speak to me about any aspect of this contract, please contact me by e-mail at jayne@norulestextilesociety.com
BACKGROUND
I provide online courses, mentoring and a monthly membership group for textile artists.
I am a sole trader, and my trading address is : The Studio, Cullabine Court, Dumbleton WR11 7TH
Introduction
1.1 If you sign up for my online course, mentoring services or membership you agree to be legally bound by this contract.
1.2 If you use any of my free resources (for example courses, downloads, discovery sessions or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment and consumer rights legislation.
1.3 When signing up for my services or using any resources you also agree to be legally bound by:
1.3.1 my website terms of use and privacy policy.
1.3.2 extra terms which may add to, or replace, some of this contract, for example, any specific written contract between us.
1.3.3 specific terms which apply to my services, for example, programme, course or service descriptions which may be set out on the webpage or sales page for that programme, course or service or in email correspondence between us. If you want to see these specific terms, please visit the relevant webpage for the programme or look at the services description I have sent you in an email or request it from me.
All these documents form part of this contract as though set out in full here.
2 Information I give you
2.1 Certain sections of this contract only apply to you and me if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that
2.2 I must give you certain key information before a legally binding contract of sale between you and me is made (see the summary box below). I shall give you this information in a clear and understandable way either in this contract or the relevant programme or service description we agree between us.
I shall give you information on:
the main characteristics of the services you are buying
who I am, where I am based and how you can contact me
the price of the services
the arrangements for payment, carrying out the services and the time by which I shall carry out the services
how to exercise your right to cancel the contract in the cooling off period if you are a consumer
My complaint handling policy
3 Signing up for my services
3.1 Below, I set out how a legally binding contract to buy services between you and me is made:
3.1.1 You place your order at the end of the checkout process either by clicking on the relevant payment link on my site, by transferring payment to my bank account or I shall send you the link by email. Please read and check your order carefully before submitting it. Placing your order and making payment does not, however, mean that your order has been accepted.
3.1.2 Any quotation given by me before you place an order for services is not a legally binding offer by me to supply such services. Any prices set out in a quotation remain valid for 14 days.
When you decide to place an order for services with me, this is when you make a legal offer to buy such services from me.
3.1.3 I may contact you to say that I do not accept your order, for example if I do not think my services are right for you or there has been a mistake in the pricing or description of the services, or my circumstances have changed since I gave you the quotation for the services.
3.1.4 I shall only accept your order when I confirm this to you by sending you a confirmation email or start to provide the services, whichever happens earlier. At this point:
(a) a legally binding contract will be in place between you and me, and
(b) I shall start to carry out the services as set out in the programme description on this website or in a services description agreed between us.
4 Carrying out the services
4.1 If you are a consumer you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.
4.2 I shall carry out the services within the time period which is set out in the relevant programme or services description.
4.3 All sessions (including rearranged sessions) must be taken within the timeframe specified or they will expire.
All sessions take place remotely via the means of communication agreed with you in advance. There may be an additional charge for face-to-face.
4.4 Please note that I may record our calls for training purposes and administration purposes and by entering into this contract with me you consent to the recording of our calls for these purposes.
4.5 My carrying out of the services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, pandemics, epidemics, IT issues and problems with internet connectivity, any law or action taken by a government or public authority.
4.6 Where a session or event is due to take place in person, I reserve the right to move that session online where circumstances make it necessary or preferable to do so.
5 Your responsibilities
5.1 You will pay the price for the services in accordance with the programme or services description.
5.2 You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.
5.3 You and I shall agree a method of communicating with each other between sessions and adhere to that method.
6 Charges and payment
6.1 I am not registered for VAT so any prices quoted do not include a VAT element.
6.2 The price for the services is set out in the service description.
6.3 If you fail to make any of the payments on the due dates as set out in the service description, I shall invoice you immediately for the outstanding balance and payment for that invoice will be due by return.
6.4 The fees are non-refundable except for:
6.4.1 if you are a consumer, your right to a ‘cooling-off’ period, as described in clause 7 below;
6.4.2 In view of my clear no-refund policy, I do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.]
6.5 Payment is via the payment button on my website or sales page or as agreed between us.
7 Membership Fees and payment
7.1 I am not registered for VAT so any prices quoted do not include a VAT element.
7.2 The fees for the membership are set out in the membership description.
7.3 Membership fees are payable monthly. The membership fees are billed on a periodic basis as specified at the time of purchase Your membership subscription will continue on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription in accordance with clause 12 or the account or the membership is otherwise suspended or discontinued according to the terms of this agreement.
8 Cooling off period for consumers
8.1 Subject to the other provisions in this clause, if you are a consumer you have the right to cancel this contract within 14 days without giving any reason. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business.
8.2 The cancellation period will expire 14 days after the commencement of the contract.
8.3 However, if you confirm to me that you wish me to start to provide the services within the 14 day cooling off period, then at this point my refund policy set out in clause 8.4 will apply. You confirm you wish me to start to provide the services within the 14 day cooling off period by doing any of the following during that time: booking a session with me for which the allocated date and time will then, also as a service, be reserved for you to the exclusion of all others; or accessing or downloading any digital resources I make available to you; or joining any private social media group associated with my services; or accessing any other supporting materials made available to you.
8.4 If you cancel this contract in accordance with the cooling off period in clause 8.1, I shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. However, this will only be the case if you have not confirmed to me you wish me to provide the services as specified in clause 8.3. for which you will have to pay my reasonable costs.
8.5 Digital products. In accordance with clause 8.3, by accessing or downloading any digital products within the 14 day cooling off period, you give your consent to me to provide the content and you acknowledge that by doing so, you lose your right to cancel your purchase unless the content is faulty.
9 Online courses and the membership
9.1 When you gain access to the resources in the online courses and membership, the resolution and quality of the resources you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While I use all reasonable endeavours to provide a quality viewing experience, I cannot make any guarantee as to the resolution or quality of the content you will receive.
9.2 In order to gain access to the resources in the online courses and membership, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements of the membership platform and software from time to time. I may change the requirements for compatible devices from time to time and, whether a device is (or remains) compatible may depend on software or systems provided by the device manufacturer or other third parties. As a result, devices that are compatible when you sign up may cease to be compatible in the future.
9.3 I reserve the right to make changes to the online courses and membership from time to time. The availability of the content, as well as platforms and compatible devices, may change from time to time. I also reserve the right to replace or remove any resources and the platforms available to you through the membership, and to otherwise make changes in how I operate it. I may from time to time, with respect to any or all members offer certain features or other elements of the membership, including promotional features, user interfaces, plans, pricing, and advertisements.
9.4 No Sharing of login details. You may not share, give or sell your login details to any other person or entity. Excessive viewings or logins by any member may be treated as fraudulent use of the membership, in which case it will result in the immediate cancellation of membership without refund. When you become a member you agree to take all actions possible to protect your login details from fraudulent use. I reserve the right to cancel any membership I believe has been compromised, or is being used fraudulently, at my sole discretion.
9.5 The membership is not suitable for persons under 18 years of age, and by signing up you confirm that you are eighteen 18 years of age or older.
10 Membership and online courses responsibilities
10.1 Account, Password and Security. When you sign up my services, you will be required to choose your password and login details. You are responsible for maintaining the confidentiality of your password and other login information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify me of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Each registration is for a single user only. You may not use another member’s account without prior authorization from me.
10.2 Any content you post or submit to our site, platform or to our Facebook Groups while you are a member is subject to our website terms of use and acceptable use policy.
10.3 You acknowledge that deciding how to handle any issues which may arise as a result of your joining the membership, the choices you make in relation to them and whether or not you follow through on any information I provide is exclusively your responsibility. For this reason, although I fully expect great results to come from your participation in the membership, I cannot guarantee any specific outcomes or that all members will achieve the same results. The results are entirely dependent on your commitment and the effort you put into the resources I make available.
11 Intellectual property
11.1 If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.
11.2 The resources in the programmes are provided for your information and personal use only and (unless I explicitly state or agree otherwise in writing) may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever
11.3 You cannot use and monetise my methods, processes or systems. To do so would be a material breach of your legal obligations to me under the terms of this contract, and subject to immediate termination under clause 15.3.1
11.4 For the avoidance of doubt, without my prior written authority, you are not permitted to;
(a) deliver any training in my methods, processes or systems to a third-party individual or organisation;
(b)provide details of my methods, processes or systems to, a third-party individual or organisation;
(c)repurpose in whole or in part my methods, processes or systems to create and deliver your own services
11.5 Should you become aware of any unauthorised access to the materials provided to you, or of any unauthorised use of my methods, processes or systems, you agree to notify me immediately by email.
11.6 I record most of my live group sessions. If you participate in such sessions, you authorise me to use your image and voice in any such recordings (and to make use of such recordings in any way I think fit) without payment, other condition or need for further consent.
12 How I may use your personal information
12.1 I shall use the personal information you give to me to:
12.1.1 provide the services;
12.1.2 process your payment for the services; and
12.1.3 inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me.
12.2 I shall not give your personal information to any third party unless you agree to it.
12.3 For full details of how I deal with your personal data, see my privacy policy here https://www.norulestextilesociety.com/privacy
13 Confidential information
13.1 Personal information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others or to assist the prevention or detection of a crime.
13.2 Where you participate in any group sessions, for example as part of the membership, you agree to keep strictly confidential any personal information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant.
13.3 The obligations in clauses 13.1 and 13.2 will not apply to information which:
13.3.1 has ceased to be confidential through no fault of either party;
13.3.2 was already in the possession of the recipient before being disclosed by the other party; or
13.3.3 has been lawfully received from a third party who did not acquire it in confidence.
13.4 Your and my confidentiality obligations under this clause will continue after termination of this agreement.
13.5 You will not use any Confidential Information for profit or for your own benefit in any way.
14 Resolving problems
14.1 In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
14.2 I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
14.3 If you are buying services from me nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
15 End of the contract
15.1 If a programme or services description specifies a length of time for services to be provided, then subject to clause 15.3 below, the services will terminate at the end of that timeframe.
15.2 If I provide services to you on an ongoing basis and the relevant programme or services description does not specify a timeframe then I may terminate the services by written notice to you and you may terminate the services by either cancelling within your account or writing to me at jayne@norulestextilesociety.com prior to the next billing period.
15.3 Either you or I may terminate the services and this agreement immediately if:
15.3.1 the other party commits any material breach of the terms of this agreement and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this contract will be terminated if the breach is not resolved; or
15.3.2 the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
15.3.3 For the purposes of this clause, any breach by you of the rules governing your participation in my Facebook Groups or any other Group hosted by me on another platform, constitutes a material breach of this contract which is not capable of being resolved.
15.4 If I decide in my absolute discretion that we are not a good fit for each other, I may terminate this contract immediately on notice, in which case I shall give you a partial refund for any elements of the services which you have paid for in advance and which you have not received.
15.5 If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.
16 Limit on my responsibility to you
16.1 Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury caused by negligence), I am not legally responsible for any:
16.1.1 losses that:
(a) were not foreseeable to you and me when the contract was formed which means any losses that might have been sustained by you that would not ordinarily be sustained by a client in your industry ;
(b) that were not caused by any breach of these terms on my part; and
16.1.2 business losses, including loss of business, business interruption, loss of profits, loss of management time and loss of business opportunity.
16.2 My total liability to you is limited to the amount of fees paid by you for the services and you confirm your understanding that the price of my services is calculated bearing in mind this limit on my liability.
17 Disputes
17.1 I shall try to resolve any disputes with you quickly and efficiently.
17.2 If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
17.3 The laws of England and Wales will apply to this contract.
17.4 In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services.
18 Entire agreement
These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
19 Third party rights
19.1 No one other than a party to this contract has any right to enforce any term of this contract.
1 About my Terms
1.1 Thank you so much for visiting my website (the Site).These Terms explain how you may use this Site.
1.2 References in these Terms to the Site include all associated web pages.
1.3 You should read these Terms carefully before using the Site.
1.4 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
1.5 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
1.6 If you have any questions about the Site, please contact me by e-mail: jayne@norulestextilesociety.com
1.7 Definitions
Content means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
Terms means these terms and conditions of use as updated from time to time under clause 14;
Acceptable use policy means the policy set out at the end of these Terms
Cookie policy means the policy here https://www.norulestextilesociety.com/privacy
which governs how I use cookies in the Site;
I, me or my
Online terms and conditions for the supply of goods or services means Jayne Emerson trading as Jayne Emerson Textile Design or No Rules Textile Society of The Studio, Cullabine Court, Dumbleton, Nr Evesham WR11 7TH
means any terms and conditions which will apply to you ordering goods or services using the Site;
Privacy policy means the policy https://www.norulestextilesociety.com/privacy
which governs how I process any personal data collected from you;
Submission means any text, images, video, audio or other multimedia content, software or other information or material submitted by you or other users to the Site;
You or your means the person accessing or using the Site or its Content.
1.8 Your use of the Site means that you must also comply with my Acceptable Use policy, my Privacy policy, my Cookie policy and my Online terms and conditions for the supply of goods or services, where applicable.
2 Using the Site
2.1 The Site is for your personal use only.
2.2 You agree that you are solely responsible for any costs and expenses you may incur in relation to your use of the Site.
2.3 I seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact me at jayneemersontextiledesign@gmail.com.
2.4 I may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
3 Ownership, use and intellectual property rights
3.1 This Site and all intellectual property rights in it including but not limited to any Content are owned by me. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). I reserve all of my rights in any intellectual property in connection with these Terms. This means, for example, that I remain owner of them and free to use them as I see fit.
3.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site.
4 Submitting information to the Site
4.1 While I try to make sure that the Site is secure, I cannot guarantee the security of any information that you supply to me and therefore I cannot guarantee that it will be kept confidential. For that reason, you should not submit to the Site any information that you regard as confidential, commercially sensitive or valuable.
4.2 I may use any Submissions as I see reasonably fit on a free-of-charge basis. I shall not be legally responsible to you or anybody else for any use of Submissions.
5 Accuracy of information and availability of the Site
5.1 While I try to make sure that the Site is accurate, up-to-date and free from bugs, I cannot promise that it will be. Furthermore, I cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
5.2 I may suspend or terminate operation of the Site at any time as I see fit.
5.3 Content is provided for your general information purposes only and to inform you about me and my products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
5.4 While I try to make sure that the Site is available for your use, I do not promise that the Site is available at all times nor do I promise the uninterrupted use by you of the Site.
6 Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. I have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that I endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
Acceptable Use Policy
7 Acceptable use
7.1 As a condition of your use of the Site, you agree:
7.1.1 not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms
7.1.2 not to use the Site to commit any act of fraud;
7.1.3 not to use the Site to distribute viruses or malware or other similar harmful software code;
7.1.4 not to use the Site for purposes of promoting unsolicited advertising or sending spam;
7.1.5 not to use the Site to simulate communications from me or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
7.1.6 not to use the Site in any manner that disrupts the operation of my Site or business or the website or business of any other entity;
7.1.7 not to use the Site in any manner that harms minors;
7.1.8 not to promote any unlawful activity;
7.1.9 not to represent or suggest that I endorse any other business, product or service unless I have separately agreed to do so in writing;
7.1.10 not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks; and
7.1.11 not to attempt to circumvent password or user authentication methods.
8 Interactive services
8.1 I may make interactive services available on the Site, for example areas where you can comment on Content.
8.2 I am not obliged to monitor or moderate Submissions to my interactive services. Where I do monitor or moderate Submissions I shall indicate how this is performed and who should be contacted in relation to any Submission of concern to you.
8.3 I may remove or edit any Submissions to any of my interactive services whether they are moderated or not.
8.4 Any Submission you make must comply with my Submission standards set out below.
9 Submission standards
9.1 Any Submission or communication to users of my Site must conform to standards of accuracy, decency and lawfulness, which shall be applied in my discretion, acting reasonably. In particular, you warrant that any Submission or communication is:
9.1.1 your own original work and lawfully submitted;
9.1.2 factually accurate or your own genuinely held belief;
9.1.3 provided with the necessary consent of any third party;
9.1.4 not defamatory or likely to give rise to an allegation of defamation;
9.1.5 not offensive, obscene, sexually explicit, discriminatory or deceptive; and
9.1.6 unlikely to cause offence, embarrassment or annoyance to others.
10 Linking and framing
10.1 You may create a link to my Site from another website without my prior written consent provided no such link:
10.1.1 creates a frame or any other browser or border environment around the content of my Site;
10.1.2 implies that I endorse your products or services or any of the products or services of, or available through, the website on which you place a link to my Site;
10.1.3 displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos; or
10.1.4 is placed on a website that itself does not meet the acceptable use requirements of this Policy.
10.2 I reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by me to remove any such link.
11 Using my name and logo
11.1 You may not use my trademarks, logos or trade names except in accordance with these Terms.
12 Breach
12.1 I shall apply these Terms in my absolute discretion. In the event of your breach of the Terms I may terminate or suspend your use of the Site, remove or edit Submissions, disclose Submissions to law enforcement authorities or take any action I consider necessary to remedy the breach.
13 Limitation on my liability
13.1 Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:
13.1.1 losses that:
(a) were not foreseeable to you and me when these Terms were formed; or
(b) that were not caused by any breach on my part
13.1.2 business losses.
14 Variation
No changes to these Terms are valid or have any effect unless agreed by me in writing. I reserve the right to vary these Terms from time to time. My updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by me. It is your responsibility to check these Terms from time to time to verify such variations.
15 Disputes
15.1 I shall try to resolve any disputes with you quickly and efficiently.
15.2 If you are unhappy with me please contact me as soon as possible to let me know.
15.3 If you want to take court proceedings, courts of England and Wales will have exclusive jurisdiction in relation to these Terms.
15.4 The laws of England and Wales will apply to these Terms.