Terms and Conditions

WEBSITE TERMS OF USE

BACKGROUND:

These Website Terms of Use, together with the documents referred to in them, set out the terms under which You may use our website at www.gigglewhileyoulearn.com (Our Website).

1. Definitions and Interpretation

In these Website Terms of Use, the following expressions have the following meanings:

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information that appears on, or forms part of, Our Website and/ or our social media channels (including but not limited to @gigglewhileyoulearn)

“Data Protection Legislation”

means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made under it); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including the privacy of electronic communications);

“Intellectual Property Rights”

means:

(a) any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and email addresses, unregistered trademarks and service marks, copyrights, database rights, know-how, rights in designs, inventions and processes;

(b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);

(c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist in any part of the world; and

(d) the right to sue for past infringements of any of the foregoing rights;

“We/Us/Our”

means Serena's Cre8ive Solutions of Stoke-on-Trent, as the owner and operator of Our Website; and

“You/ Your”

means you, as a user of Our Website.

2. Acceptance of Terms

By accessing or using Our Website, you agree to comply with and be bound by these Website Terms of Use. If you do not agree to these terms, you should not use Our Website.

3. Changes to Terms

These Website Terms of Use may be revised from time to time without notice. Your continued use of our Website after any changes will constitute your acceptance of such changes. These Website Terms of Use were last updated on 1st February 2024..

4. Privacy Notice and Data Protection

4.1 Your use of Our Website is also governed by Our Privacy Notice, which can also be found on Our Website.

4.2 We will collect, use and process Your personal data (including any personal data you supply when setting up Your Account) in accordance with our obligations under the Data Protection Legislation and Our Privacy Notice.

5. Account

5.1 You may need to create an Account to access some parts of Our Website. You must ensure You provide accurate information when creating Your Account, and keep that Account information up-to-date if it changes.

5.2 You must create a strong password for Your Account. You must not share Your Account or password with anyone. You must not use anyone else’s Account.

5.3 You must contact us immediately at serena@gigglewhileyoulearn.com if You believe anyone else is using Your Account.

5.4 You may close Your Account at any time. However You will not then be able to access those areas of Our Website which require an Account to access them.

6. Intellectual Property

6.1 All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use.

6.2 Save as set out in Clause 6.3, You may not use, reproduce, distribute, sell, sub-licence, store or create derivative works based on any Content from Our Website or Our social media accounts without Our prior written consent.

6.3 You may access, view and use Our Website in a web browser, print pages from Our Website and save pages for later offline viewing. You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.

You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

6.4 You must always acknowledge Us (or Our licensors, as appropriate) as the owner of the Content on Our Website and on Our social media channels.

7. User Conduct

7.1 You agree to use Our Website for lawful purposes only and not to engage in any activity that could harm Our Website, its users, or third parties.

7.2 Whilst We endeavour to keep Our Website free from viruses and malware, You are responsible for protecting Your hardware, software and other materials from viruses, malware and other internet security risks.

7.3 You may not:

7.3.1 Use Our Website for any illegal or unauthorized purpose;

7.3.2 Post or transmit any content that is (or could be construed as) harmful, offensive, discriminatory or violates any applicable laws;

7.3.3 Deliberately introduce any virus or malware, or attack Our Website by means of a denial of service attack;

7.3.4 Attempt to gain unauthorized access to Our Website or its systems; or

7.3.5 Link to Our Website in a way which suggests any association between You and Us or any endorsement by Us, or in a way which might damage Our reputation or take unfair advantage of it.

7.4 We reserve the right to suspect or terminate Your access to Your Account or to Our Website if You breach the terms of this Clause 7, or any other terms of these Website Terms of Use.

8. Use of our Paid and Free Products

We may offer free products for you to download and we also sell paid digital products and any other related materials (collectively, “products”) on this website. We only grant you a limited, personal, non-exclusive and non-transferable license to use all our products for your personal use only.

You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any exploit our products. You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent.

9. Termination

We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.

10. Refund Policy

Due to the nature of digital products, all sales are final. However, in order to delight our customers, we are open to receiving feedback and will determine if we can give you Shop discount code as a good will gesture.

By purchasing these products you agree to these terms. If you have any questions please don’t hesitate to reach out to us at serena@gigglewhileyoulearn.com – we are always happy to help and answer any questions!

11. Links to Third-Party Websites

Our Website may contain links to third-party websites. We are not endorsing that content by linking to them. You should review the website terms and policies of any third-party websites you visit.

You agree that we are not responsible or liable for the accuracy, content or any information presented on these third party websites. You assume all risks for using these third party websites or resources and any transactions between you and these third party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third party websites or resources.

12. Disclaimers

12.1 We make no representations or warranties, express or implied, that Our Website will meet Your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software or hardware, or that it will be secure.

12.2 We make no representations or warranties regarding the accuracy or completeness of the Content, or that the Content is up-to-date. We shall not be liable to You for any inaccuracy contained in the Content or for any reliance You may place on that Content.

13. Limitation of Liability

To the fullest extent permitted by law, We shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with Your use of Our Website. If You are a business owner, We shall not be liable for loss of profits, sales, business or revenue, loss of business opportunity, goodwill or reputation, loss of anticipated savings, business interruption or for any other indirect or consequential loss or damage.

14. Indemnification

You agree to indemnify and hold Us, and Our officers, directors, employees, and agents, harmless from any claims, liabilities, damages, and expenses (including legal fees) arising from Your use of Our Website or from Your violation of these Website Terms of Use.

15. Governing Law

These Website Terms of Use are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16. Entire Agreement

These Terms and Conditions along with our Privacy Policy and Disclaimer constitutes the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.

A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

17. Severability

If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

18. Contact Information

If you have any questions or concerns about Our Website or these Website Terms of Use, please contact us at serena@gigglewhileyoulearn.com, or via any of the methods set out on Our ‘Contact Us’ page.

NO WARRANTIES

ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW..