Terms and conditions of service
These Terms and Conditions shall apply to the provision of the “products or services” purchased through our website store; sent on behalf of Siân Morgan-Owen and/or Digitally Dazzling (“supplier or ‘I’ “) to you the “client”.
No other terms and conditions shall apply to the provision of Services unless there additional terms that are required and agreed in writing between the Supplier and Client (e.g. services under a bespoke/retainer contract, personalised to the clients requirements, specific programme or inclusive of non disclosure policy etc). If applicable these will be presented separately and require a signature.
The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation. The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Client upon making a purchase until the Client’s renewal of the Services occurs.
Monthly renewal, subscription payments or part instalments made re–occurring invoices by the Client of the Services will be deemed acceptable of the Supplier’s then current Terms and Conditions.
By using any of our services you agree to be legally bound by this contract as well as the suppliers website terms of use and their privacy policy.
Any Digital Products
Any Memberships/Subscriptions
All Services
Memberships
Please read the following important terms and conditions before you commit to joining any membership or subscription provided by the ‘supplier’
If you sign up to the membership/subscription you agree to be legally bound by this contract as well as the suppliers website terms of use and their privacy policy.
Specific terms which apply to the membership/subscription may also be set out on the webpage or checkout page for the membership/subscription.
The supplier has the right to refuse you entry to the membership/subscription, for example if the supplier does not think the membership/subscription is right for you, or there has been a mistake in the pricing/description of the membership/subscription. The supplier does not have any obligation to provide a reason for this refusal.
In the event that membership/subscription resources (or any content added by you or other members) are not available in whole or in part at any time, or become corrupted, are deleted or are failed to be stored, the supplier shall have no liability in any circumstances.
The supplier reserves the right to make changes to the membership/subscription from time to time. The availability of the content, as well as platforms and compatible devices, may change from time to time.
The supplier also reserves the right to replace or remove any resources and the platforms available to you through the membership/subscription, and to otherwise make changes in how it is operated. The supplier may from time to time, offer certain features or other elements of the membership/subscription, including promotional features, user interfaces, plans, pricing, and advertisements.
There must be no sharing of login details or other membership/subscription access information. The client 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/subscription, in which case it will result in the immediate cancellation of membership/subscription without refund. When you become a member you agree to take all actions possible to protect your login details from fraudulent use. The supplier reserves the right to cancel any membership/subscription the supplier believes has been compromised, or is being used fraudulently, at their sole discretion.
Client responsibilities
The client will pay the fees for the membership/subscription in accordance with the membership/subscription description.
Membership/subscription fees are payable monthly. The membership/subscription fees are billed on a periodic basis as specified at the time of purchase (e.g., monthly or yearly). 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 these terms or the account or the membership is otherwise suspended or discontinued according to the terms of this agreement.
As long as you remain a member in good standing, with no breaks in your membership payments, your membership fee will not increase.
The membership fees are non-refundable except for: if you are a consumer, your right to a ‘cooling off’ period as described below; and where the supplier may cancel your membership as described below, you are entitled to a partial refund for any period of time which you have paid for in advance and during which you will not have access to the membership.
In all other circumstances the supplier is unable to refund to you any of the payments you have made in advance.
You are responsible for maintaining the confidentiality of any passwords and/or other login information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the supplier of any unauthorised 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 authorisation from the supplier.
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 the supplier provides is exclusively your responsibility. For this reason, the supplier cannot guarantee any specific outcomes or that all members will achieve the same results.
At the time of writing all information, tutorials and guides are correct and tested. by the supplier themselves And although the data the supplier provides is assessed regularly; the supplier cannot be held responsibility for any errors, crashes or downtime as a result of implementing a instruction.
Termination of your membership/subscription
You may cancel your membership at any time. After you cancel, you will immediately forfeit entry and access to any part of the membership from your next date of renewal. Your membership fees are recurring and your membership must be cancelled 48 hours prior to the renewal date in order to avoid additional membership charges.
If you have signed up to a subscription where you pay for several months or a year in advance, that subscription is also recurring and will renew automatically on the expiry date. It is your responsibility to terminate your membership yourself or notify me if you wish to terminate your membership before the renewal date.
You cancel your membership by logging onto your account via the link provided or by contacting the supplier direct at hello@digitallydazzling.com. If you wish us to cancel the membership for you, you must let us know at least 48 hours before the renewal date.
The supplier may terminate your membership if you commit any material breach of the terms of this contract.
If the supplier terminates your membership and suspends or discontinue your access due to your breach of this contract, then you will not be entitled to any credit, refund or discount in relation to the membership fees already paid by you. Access will be restricted immediately.
If this contract is ended it will not affect the suppliers 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.
These terms constitute the entire agreement between us in relation to your purchase.
Please also refer to our refund policy.
Purchase of Digital Products
These terms also set out the terms on which we supply any of the following products via our site digitallydazzling.com (the site) to you:
- Digital downloads of audio products to your computer or mobile device
- Digital downloads of video products to your computer or mobile device
- Digital downloads of supporting materials
- Digital courses
- Digital Templates
Digital Products
You will not be able to access any digital products through our site unless confirmation is given you agree to these terms and conditions upon checkout. Any terms that you seek to impose in respect of your purchase of digital products through this site will not form part of any contract between us. Please read these terms of sale carefully before ordering any digital products from our site. If you have any queries on these terms please contact us a hello@digitallydazzling.com before placing any order.
By placing an order for digital products through our site, you warrant that you are legally capable of entering into binding contracts, that you are at least 18 years old and that you are purchasing our digital products for your private, non-commercial use only. You further warrant that you will not copy, rent, hire, record, edit, clip, exchange, lend, allow for the public performance, broadcasting, downloading or sharing of files or of access details, with anybody else other than may be allowed under the terms of any licence that is granted to you as a part of the sale.
By placing an order for any digital products through our site you agree that we may store, process and use personal data collected from you for the purposes of processing/fulfilling your order only. We work with third parties to process your payment (for example Stripe) who will also have access to your personal data to enable them to help us process/fulfil your order only. More information on how we may store, process and use your personal data is contained in our Privacy Policy.
You are responsible for ensuring that you do not lose, destroy, or damage any digital product you purchase through this site.
You are responsible for ensuring that any hardware you use to download and/or access these digital products function correctly with this site. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. We are not obliged to ensure that our products are compatible with every manufacturer of mobile handsets.
Placing an Order
After placing an order for any digital products via our site, you will receive an on-screen message and e-mail from us acknowledging receipt and setting out the details of your order.
The contract for the purchase of any digital products will only be formed when you have agreed to these terms of sale, we have received payment in full for the digital product you are purchasing and we either make the digital product available for download or you are enrolled into said eCourse. We reserve the right, in our sole discretion to reject any order we receive.
Availability
Where applicable, digital products featured on our site may be subject to availability. We reserve the right to change or remove a digital product or other content on the site at any time without notice or liability to you.
While some digital products will normally be available to download immediately upon purchase but they could be services of which that aren’t. For example live workshops/trainings, eCourses etc.
Where applicable we make no guarantee that any digital product ordered will be made available immediately (for example, if the site is taken down for maintenance or there is another technical issue). In such cases, we will use our best endeavours to give you access to your downloadable digital products as soon as possible following your purchase.
Where we are unable to provide you with any digital products that you have purchased, you agree that we can offer you either alternative goods to a similar value (upon your agreement that the alternative goods are suitable) or a complete refund. We will not be liable for our inability to fulfil a particular order from you.
Price & Payment
The price of any digital product will be as quoted on this site or via our checkout platform (WooCommerce/Easy Peasy Funnels/Stripe) at the current time and does not include VAT. We reserve the right to make certain digital products available only as part of a different purchase, for example, part of a Service package.
Prices for digital products are liable to change at any time, but changes will not affect orders in respect of which we have already taken payment and made the download available.
Please note that some network/service providers may charge you an additional amount for downloading digital products to a mobile handset. We recommend that you contact your network/service provider to understand the nature and extent of any additional charges before downloading to a mobile device. Note that overseas roaming charges may also apply. We will not be held liable for any such charges.
By providing the details of a credit or debit card or payment account to be debited, you confirm that you are authorised to purchase the digital products and that you have the permission of or are the holder of the credit or debit card, PayPal or other account being used to pay for the transaction. All card payments and cardholder details may be subject to validation checks carried out by us and/or the card issuer. If any validation checks are required, we will not be held liable for any delays or non-delivery nor are we obliged to.
In respect of validation checks and authorisation carried out by the card issuer, if the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery or any bank charges applied to you. We are not obliged to inform you of the reason for the refusal.
Refund policy
Refer to our Refund Policy below.
Conditions referring to all services
Confidentiality & Data Protection
Personal information or business information that the Client supply’s to us will be treated confidentially and in line with our Privacy Policy.
Communications
Email is the preferred method of contact between the supplier & the client.
However we aim to communicate with you by such methods as you may reasonably request. You may need to virus check electronic media and emails as, although we take reasonable precautions, we cannot guarantee that all electronic data is virus-free.
We will communicate with you and others when appropriate by email, but we cannot be responsible for the security of correspondence and documents sent by email. By paying for the Suppliers services, you give informed consent to enable the Supplier to communicate with you on confidential matters by email, unless you have asked us not to do so or we have discussed an alternative method.
The Suppliers core office hours are 10am – 6pm Monday through Friday, unless otherwise stated.
Although the Supplier and their Contractors works extremely flexibly in and around these hours; any communication, email, telephone calls outside of these hours will likely be dealt with the next working day.
We endeavour to meet any timetable or deadlines that have been agreed between us but time shall not be of the essence and you shall not be entitled to terminate this agreement or claim damages or any other remedy should we not meet such timetable or deadline.
Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the site and the digital products you purchase, including any databases that hold relevant information about the site and its products. They are protected by copyright and/or trademark registration and you may only use any of the digital products in line with these terms.
All of the digital products that are available for sale on our site are owned or controlled by our licensors, or us. Upon payment of the price for any of these digital products, we grant you a non-exclusive, non-transferable licence to use the digital products for your own personal, non-commercial use.
You shall not redistribute, transmit, assign, sell, commercially exploit, broadcast, modify, adapt, edit, sub-licence, rent, share, lend, or transfer any digital products that you purchase through this site.
Refund Policy
In accordance with Distance Selling Regulations, you have the right to cancel and obtain a full refund within 14 working days of purchasing our digital products but only if you have not downloaded or enrolled when the Digital Product was made available, have not requested and been accepted to join any of our private social media groups to which access is offered as part of a purchase from the site including any membership resources and have not accessed and/or used any supporting materials provided to you alongside your purchase of any digital products, within 14 calendar days from purchase.
If digital products are found to be defective, we shall have the right to attend to the cause of the problem and restore the digital products to functioning order, or offer you a repeat download. You shall not have the automatic right of refund in this case. You must notify us within 30 days of download of the digital product that it is defective at hello@digitallydazzling.com. If we are unable to fix it and a repeat download does not resolve the issue, we will provide you with a full refund within 30 days of ascertaining that the issue cannot be resolved.
If you cancel this contract in accordance with the cooling off period without accessing any element of the service, the supplier 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, as specified above this will only be the case if you have not logged in or accessed any accompanying materials.
Our responsibility to you
We do not guarantee the accuracy of the content of our digital products, and you are responsible for the way you use its content.
We shall not limit or exclude our liability for any service provided:
death or personal injury;
fraud or fraudulent misrepresentation; or
any act, omission or matter, liability for which may not be excluded or limited under any Applicable Law.
We shall not be liable to you for any indirect, special or consequential loss or damage, including:
loss of profit;
loss of goodwill;
loss of savings; or
loss of contract.
We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statutes.
Although we try to ensure our digital products work seamlessly and without errors, we do not warrant that your use of the digital products will be uninterrupted. We are also not responsible for any loss or damage you may suffer resulting from any interruptions or although we will do our utmost to rectify any issues you encounter as soon as possible.
Events out of our control
We will not be liable for any failure or delay to perform any of our obligations under a contract that is caused by events outside our reasonable control.
Complaints
If you have any questions or a complaint about any service provided by us please contact us at hello@digitallydazzling.com
Contact us
If you have any questions about these Terms & Conditions, please email at hello@digitallydazzling.com
These Terms & Conditions of Service is one of five important policies on digitallydazzling.com. They are all listed below for you to read. It is advised that you re-read this from time to time to make sure you are happy with the various policies.