These terms and conditions are the contract between you and Buttercream Petals (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
They are based on a set written by Net Lawman (https://www.netlawman.co.uk) and released under licence. They protect your rights as well as ours.
I / We are Buttercream Petals founded by Neetha Syam.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
These are the agreed terms
|“Consumer”||means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.|
|“Content”||means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, video tutorials, blogs, logos and animations. It includes content Posted by you.|
|“Buttercream Petals Membership”||means any service we provide, whether through Our Website or otherwise. It includes the membership service we provide as set out on Our Website and in this contract.|
|“Post”||means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.|
|“Services”||means all of the services available from Our Website, whether free or charged.|
|“Our Website”||means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.|
1. Our contract
2.1. These terms and conditions regulate the business relationship between you and us. By buying Buttercream Petals Membership or using Our Website free of charge, you agree to be bound by them.
2.2. We do not offer the Services in all countries. We may refuse to provide the Services if you live in a country we do not serve.
2.3. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
2.4. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.
2.5. Our contract with you and licence to you last for ‘lifetime’ of this course from the start of your payment. Your continued use of our Services after that shall be deemed acceptance by you of the changed service, system and/or terms.
2.6. The contract between us comes into existence when we receive payment from you for a Service.
2.7. Definition of “Lifetime”- “Lifetime” means either at your death or upon Buttercream Petals ceasing to run online tutorials, the website or the business for any reason whatsoever, whichever is sooner. Buttercream Petals could cease to run online tutorials for the following reasons (this list is not exhaustive) – a share or asset sale, closing for personal reasons, ill-health, bankruptcy, liquidation, insolvency or for any other reason it chooses – then your lifetime subscription will terminate and you will not be entitled to a refund.
2.8. If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
2.9. We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.
3. Your account and personal information
3.1. When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
4. Buttercream Petals Membership
4.1. You cannot be a free member in Buttercream Petals Website. You can view all the introduction videos before making the decision whether to purchase the Buttercream Petals online classes or not. Once you purchase the courses, according to the plan chosen, you have the courses for lifetime use in our website.
4.2. To access our website, you must be over the age of 18 years and have the requisite mental capacity to enter into these terms and conditions.
4.3. Details of the cost and benefits of Buttercream Petals Membership are as set out on Our Website. You may subscribe to Buttercream Petals Membership Services at any time.
4.4. We have the right to change any information or tutorials in the website at any time without notice and we provide no warranty that anything will remain on the site for any set period.
4.5. The legalities of running a business varies globally so it is your responsibility to check with your local food authority to ensure you are complying with all the laws/regulations that may apply to making cakes whether as a business or for hobby. You also acknowledge to check that any of the ingredients/practises mentioned in the Buttercream Petals classes or anywhere in this website are safe for execution in your country.
4.6. We do not accept responsibility that any information anywhere in the videos, tutorials, blog or website contents being accurate or correct. Whilst we will do our best to keep the information correct and up to date, we do not guarantee this. You acknowledge that you will do your own research as to whether you can follow the content given in a tutorial within your own business and in your own jurisdiction.
4.7. Your use of any information or materials on the website is entirely at your own risk, for which we shall not be liable. You acknowledge to check with your local food authority/jurisdiction as to what is food safe before using the practises or products mentioned in the courses, whether it be for hobby cake making or for business.
4.8. If you subscribe to Buttercream Petals Membership as a Consumer (meaning you login and start viewing/accessing the online course content), the law provides that you can opt out of your right to the 14-day cancellation period. Of course, we will not accept your subscription request unless you agree to lose your cancellation right.
4.9. You do this by instructing us to allow subscription immediately, or as soon as we can. If you do that, we will give you Buttercream Petals Membership immediately and you lose your right to cancel your order.
4.10. By accepting these terms, you now agree that you are instructing us to give you Buttercream Petals Membership immediately and you understand that, in doing so, you lose your right to cancel your order within 14 days.
4.11. Apart from your cancellation right, termination of Buttercream Petals Membership will be regulated by this contract set out in paragraph 14 below.
4.12. You may not transfer your Buttercream Petals Membership to any other person.
4.13. We reserve the right to modify the Buttercream Petals Membership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of Buttercream Petals Membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement.
5. Prices for Buttercream Petals Membership
5.1. The price payable for Services that you order is clearly set out on Our Website.
5.2. The price charged for any Service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
5.3. Prices are inclusive of any applicable value added tax or other sales tax.
5.4. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.5. Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
5.6. You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
5.7. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
5.8. Buttercream Petals Membership is non-transferable.
5.9. Sales – From time to time, we offer sales/discounts/offers on our online classes as well as ‘Face to Face’ classes. This will be time bound meaning any courses or membership purchased before or after the sale period will be charged at the normal full price.
6. Face to Face Classes
6.1. The prices payable for classes/workshops are as set out on Our Website.
6.2. If you’d like to pay by instalments, please get in touch email@example.com
6.3. In the unlikely event that Buttercream Petals has to cancel a class, a full refund will be made to the customer or given an option to book in to another course.
6.4. If you are unable to attend your class, please inform us 30 days prior to the course date (firstname.lastname@example.org), in which case we will refund your course fee after deducting a £50 (booking fee). If cancellation is made in less than 30 days of course date, you can find a replacement to attend the course, if no replacement is available you will forfeit your place and payment.
6.5. We cannot be held liable for any money spent by students, such as travel arrangements, hotel bookings, lost time etc. If we have to cancel a class and you have already made travel/hotel bookings, the maximum refund amount from Buttercream Petals will be limited to the total amount you have spent on booking class(es) with us. For such unforeseen circumstances, we advise you to purchase class insurance. There are a number of companies that offer such insurance policies, we advise you to look in to it and buy an appropriate insurance policy.
6.6. International Students: Please note that we cannot issue refunds if your visa application was not successful. We cannot help you with any visa advises, you need to make your own application to your nearest British High Commission. Please allow plenty of time for visa procedures and make a class booking only when it is confirmed that you can travel to the UK.
6.7. The minimum age for students is 12 years.
6.8. Incase the students need a helper of any sort (Translator/special needs helper), please email to enquire first before making a booking – email@example.com
6.9. Students are not allowed to videograph our classes. Also any booklets/information sheets/recipes/course notes are the property of Buttercream Petals and students are not allowed to shared, distribute or publicise the contents without the prior consent from us.
7. Security of your credit card
We take care to make Our Website safe for you to use.
7.1. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
8. Restrictions on what you may Post to Our Website
8.1. We may, at our discretion, read, assess, review or moderate any Content Posted on Our Website. If we do, we need not to notify you or give you a reason.
8.2. You agree that you will not use or allow anyone else to use Our Website to Post a Content which is or may:
8.2.1 be malicious or defamatory;
8.2.2 consist in commercial audio, video or music files;
8.2.3 be obscene, offensive, threatening or violent;
8.2.4 be sexually explicit or pornographic;
8.2.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
8.2.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
8.2.7 solicit passwords or personal information from anyone;
8.2.8 be used to sell any goods or services or for any other commercial use;
8.2.9 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
8.2.10 link to any of the material specified above, in this paragraph.
8.2.11 Post excessive or repeated off-topic messages to any forum or group;
8.2.12 sending age-inappropriate communications or Content to anyone under the age of .
9. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
9.1. hyperlinks, other than those specifically authorized by us;
9.2. keywords or words repeated, which are irrelevant to the Content Posted.
9.3. the name, logo or trademark of any organisation other than that of you or your client.
9.4. inaccurate, false, or misleading information.
10. How we handle your Content
10.2. If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control over who sees it or what anyone does with it.
10.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
10.4. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
10.5. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
10.6. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
10.7. Please notify us of any security breach or unauthorised use of your account.
11. Removal of offensive Content
11.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
11.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
11.3. If you are offended by any Content, the following procedure applies:
11.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by email – firstname.lastname@example.org
11.3.2 we shall remove the offending Content as soon as we are reasonably able;
11.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
11.3.4 we may re-instate the Content about which you have complained or not.
11.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
11.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
12. Security of Our Website
12.1. If you violate Our Website, we shall take legal action against you.
12.2. You now agree that you will not, and will not allow any other person to:
12.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
12.2.2 link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
12.2.3 download any part of Our Website, without our express written consent;
12.2.4 collect or use any product listings, descriptions, or prices;
12.2.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
12.2.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
12.2.7 share with a third party any login credentials to Our Website.
12.3. Despite the above terms, we now grant a licence to you to:
12.3.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
12.3.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
13. Disclaimers and limitation of liability
CUSTOMERS BASED IN EU
13.1. The law differs from one country to another. This paragraph applies to sales throughout the EU.
13.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
13.3. We make no representation or warranty that the Services will be:
13.3.1 useful to you;
13.3.2 of satisfactory quality;
13.3.3 fit for a particular purpose;
13.3.4 available or accessible, without interruption, or without error;
13.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
13.5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
13.6. We shall not be liable to you for any loss or expense which is:
13.6.1 indirect or consequential loss; or
13.6.2 economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
13.7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.
13.8. If you become aware of any breach of any term of this agreement by any person, please tell us by email – email@example.com. We welcome your input but do not guarantee to agree with your judgement.
CUSTOMERS OUTSIDE EU
13.9. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
13.10. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
13.11. We make no representation or warranty that the Services will be:
13.11.1 useful to you;
13.11.2 of satisfactory quality;
13.11.3 fit for a particular purpose;
13.11.4 available or accessible, without interruption, or without error.
13.12. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
13.13. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
13.14. We make no representation or warranty and accept no responsibility in law for:
13.14.1 accuracy of any Content or the impression or effect it gives;
13.14.2 delivery of Content, material or any message;
13.14.3 privacy of any transmission;
13.14.4 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
13.14.5 any aspect or characteristic of any goods or services advertised on Our Website;
13.15. Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website or email firstname.lastname@example.org
13.16. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
13.17. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
13.18. Our total liability under this agreement, however it arises, shall not exceed the sum of £100. This applies whether your case is based on contract, tort or any other basis in law.
13.19. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017.
13.20. If you become aware of any breach of any term of this agreement by any person, please tell us by emailing email@example.com. We welcome your input but do not guarantee to agree with your judgement.
13.21. Nothing in this agreement excludes liability for a party’s fraud.
14. Duration and termination
14.1. This agreement shall operate for the ‘lifetime’ of Buttercream Petals Membership Service.
14.2. You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on the Our Website and submitting it. We reserve the right to check the validity of any request to terminate membership.
14.3. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
14.4. Termination by either party shall have the following effects:
14.4.1 your right to use the Services immediately ceases;
14.4.2 we are under no obligation to forward any unread or unsent messages to you or any third party.
14.5. In the event of such termination by us, we will within seven days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed.
14.6. There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.
14.7. We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
15. Storage of data
15.1. We assume no responsibility for the deletion or failure to store or deliver email or other messages.
15.2. We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
15.3. You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
16. Interruption to Services
16.1.If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
16.2.You acknowledge that the Services may also be interrupted for many reasons beyond our control.
16.3.You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
17.1. any act, neglect or default of yours in connection with this agreement or your use of the Services;
17.2. your breach of this agreement;
17.3. your failure to comply with any law;
17.4. a contractual claim arising from your use of the Services.
18. Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
18.1. If you are not happy with our services or have any complaint then you must tell us by email message to firstname.lastname@example.org
18.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.
18.3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: https://ec.europa.eu/consumers/odr/.
19. Miscellaneous matters
19.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
19.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
19.3. If you are in breach of any term of this agreement, we may:
19.3.1 terminate your account and refuse access to Our Website;
19.3.2 remove or edit Content, or cancel any order at our discretion;
19.3.3 issue a claim in any court.
19.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
19.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
19.6. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery (10 Dowley Croft, Binley, Coventry, CV3 2UU)
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
19.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
19.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, [including any labour dispute between a party and its employees].
19.9. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.