1. THESE TERMS
- What these terms cover. These are the terms and conditions on which we supply products to you, whether these are physical goods or digital content. They are applicable to both single purchases and to subscription services.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us 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.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are? We are Worthy Gal Limited t/a Worthy Gal Digital and Worthy Gal. We are a company registered in England and Wales. Our company registration number is 11765745 and our registered office is at 20-22, Wenlock Road, London, England, N1 7GU.
- How to contact us. You can contact us by writing to us at firstname.lastname@example.org
- How we may contact you. If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product.
4. OUR E-COMMERCE PRODUCTS AND VIP MEMBERSHIP OPTIONS
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images and picture stills provided on our website, given that we are continually aiming to improve our product, it may be the case that we have implemented some changes which do not match those displayed on our website.
We provide a wide range of products which have varying forms of capabilities and user features. It must be noted and understood that all products provided by us, are digital in nature and no physical product will be shipped or delivered from us to you. Our Products include:
- Digital Planners – Our digital planners are designed and utilised for use on tablet and mobile devices. Our digital planners incorporate internal hyperlinks to link the user to various pages within the digital planner. You must note that our digital planners are specifically designed for use with tablet and mobile devices and are not designed, utilised or intended to be printed off in the physical form.
- Digital Sticker Kits. Our Digital Sticker Kits are a digital add on for use and incorporation with our Digital Planners. They provide an aesthetic addition to our Digital Planners. Our Digital Stickers are provided in Portable Network Graphics (PNG) format. Our Digital Sticker Kits are for use with our Digital Planners only and are not designed, utilised or intended to be printed off in the physical form.
- Digital Planner Inserts. Our Digital Planner Inserts are single/standalone pages which can be inserted in our Digital Planners. There are provided as an individual PDF or PNG file and can be inserted/affixed into an existing Digital Planner.
- Printable Planners. Our Printable Planners are provided as a PDF file and are designed, utilised and intended to be printed off. You must note that because of this, they do not include internal hyperlinks or interactive planner tabs.
You must take the time to read and understand the workings and usage restrictions of each of our products. We will not be held responsible or liable, nor will we facilitate a refund or cancellation of any order, based upon a misunderstanding of any of our products.
It must be understood that we do not provide live guidance to customers in relation to setting up the products. Tutorials are provided online, and the customer is required to watch these tutorials and acquire a clear appreciation of how our products work and function.
- Membership Options. We provide a range of membership options for our customers. Each membership option varies and includes the provision of various features and add-ons provided by us to you. Each option is subject to varying fees, paid for at varying times. It is essential that you read this section clearly and appreciate and understand what terms and conditions you are agreeing to.
A) Monthly Membership.
The features provided with the Lifetime Membership Package can be seen by following this link https://digital-planner.worthygal.com/vipclub
- All payments will be made via Stripe or PayPal. This option is subject to change. Where we alter the payment method, we will provide you will notice at least 30-days prior to the implementation of any changes.
- Payment under our membership options will be taken automatically as a recurring fee.
- Refunds are not ordinarily available on any of our products or membership options as detailed within Clause 8. Worthy Gal may in exceptional circumstances offer a refund on our product or membership options, but this is at the total discretion of Worthy Gal and is in no way to be viewed as an implied right.
- You may not in any way attempt to resell our products to any third-party. Such an attempt will be a breach of our intellectual property rights and you will be subject to legal action.
- Currently, as part of our membership subscription, our customers will be provided with access to a private Facebook Group where you can discuss, review and engage with other users of our service. It must be noted that access to our group is a complimentary feature and does not form part of our contractual service to you. We reserve the right, at any time, free from claim, to cancel this feature – in doing so, we will not have breached any term under our contractual relationship with you.
- In relation to Clause 4.8, any member may be removed from the private Facebook Group at any time, under the direct discretion of the Worthy Gal moderators. You may use our private Group for lawful purposes and must not:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way do anything which is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- Attempting to harm anyone in any way.
- Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
In relation to any content you upload within the private group, you must ensure that any Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trademark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from [NAME OF COMPANY], if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact us at email@example.com. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- OUR RIGHTS TO MAKE CHANGES
- Minor changes to the products. We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and
- (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
- Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it. Change to user interface or internal technology may be altered, without breaching the terms of this agreement.
- PROVIDING THE PRODUCTS AND YOUR USE
- Digital Downloads. We will make the digital content available for download by you as soon as we accept your order.
- Membership Services Delivery. We will supply the digital content to you until either the services are completed, or the subscription expires (if applicable) or you end the contract.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- What will happen if you do not give required information to us. We will require certain information from you so that we can supply the products to you, for example your email address. If you do not give us this information or if you give us incomplete or incorrect information, we will not be able to supply you with the information necessary to download our digital content. If we supply the relevant information to an email address which is incorrectly input by you during the order process, we will not be obligated to supply that information to alternative email address unless:
- a) the original email is bounced back, and it is made clear to us that no person has accessed the digital content/download links.
- b) Where during the order process we supply you with login information to access the digital content/downloads and it is made clear to us that no person has used that information to access/obtain the digital content/download links.
- We may also suspend supply of the products if you do not pay. Payments are taken automatically via the payment method chosen by the customer when signing up with our service. Where we receive no payment on the automatic billing day, we reserve the right to immediately withdraw the supply of services.
- We may suspend the continued supply of products if we believe or are made to believe that you are making commercial gain from our products or are in breach of any of the terms and conditions detailed within.
- All our digital products are provided for use on a variety of third-party apps, which include, but are not limited to: Goodnotes, Xodo, Notability, Metamoji. You must note, that in the use of such apps, you are bound by the third-parties suppliers’ terms and conditions and associated policies. In no way should the use of our product through a third-party service supplier be viewed as any form of legal affiliation with that third-party.
- The use of some third-party services may incur a fee, the payment of such fees is not associated with your commercial relationship with Worthy Gal.
- If you are provided with, a user identification code, password or any other piece of information as part of our procedures for the delivery of the services/goods, you must treat such information as confidential. You must not disclose it to any third party.
- If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
- YOUR RIGHTS TO END THE CONTRACT
- You can always end your contract with us. You can, subject to the minimum contract term detailed within Clause 4(2)(a)-(c), cancel your contract with us at any time. With regards to the lifetime and annual subscriptions, no refunds will be issued, but in accordance with this Clause 8.1, cancellation is a reserved right.
- Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. The products and services provided by us are excluded from these rights as detailed in Clause 8.3.
- When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of digital products after you have started to download these products or after you have been provided with a download link which provides you the means of downloading these products.
- OUR RIGHTS TO END THE CONTRACT
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due, and you still do not make payment within 14- days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the provisions of a suitable email address for us to provide you with the relevant information to enable you to download the products;
- We are made aware that you are infringing upon our copyright in relation to the products/services we supply to you.
- We are made aware that you are distributing our products to third parties.
- We are made aware that you are making commercial gain from our products
- You must compensate us if you break the contract. Should you breach Clause 9.1(a) we will end the contract with you, and we will issue you with a final invoice. The final invoice will be for the sum equivalent to the minimum contract term of the membership term plus a cancellation and administration fee of $150.
- IF THERE IS A PROBLEM WITH THE PRODUCT
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com.
- PRICE AND PAYMENT
- Payments are taken automatically via the payment method chosen by the customer when signing up with our service. Where we receive no payment on the automatic billing day, we reserve the right to immediately withdraw the supply of services.
- Where to find the price for the product. The price of the product (which includes VAT/SALES TAX) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 11.2 for what happens if we discover an error in the price of the product you order.
- What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products/services we sell/provide may be incorrectly priced. Where this occurs, you will be charged for the price included within the order process.
- When you must pay and how you must pay. Payment options in relation to the various membership grades are detailed within Clause 4(2)(a) -(c) and 4.4.
In relation to the general e-commerce purchases, payment will be made in accordance with Clause 4. 3
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- INTELLECTUAL PROPERTY
- All intellectual property rights in or arising out of or in connection with the Services or the provision of the goods will be owned by us.
- Any attempt to sell our products to a third-party will be a breach of these terms and this Clause 13. Where we are made aware that you have directly, or via a third-party made available our products for resale, you will be subject to legal action.
- You may not seek to modify, alter, copy or otherwise do any act which would impede upon Worthy Gal as the legal owner of the intellectual property rights in the products and services provided by us to you.
- OTHER IMPORTANT TERMS
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- Nobody else has any rights under this. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.