Sophie Wheatley’s Online Membership “Felted Fungi Club”
By clicking “Join now”, “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you the (“Membership Member”) agree to be provided with products, programs, or services as part of Sophie Wheatley’s Online Membership “Felted Fungi Club ” (“Membership”) operated by Sophie Wheatley (“Owner”), acting on behalf of All Things Felt & Beautiful. (“Company”), and you are entering into a legally binding agreement with Sophie Wheatley of All Things Felt & Beautiful, subject to the following terms:
1.TERMS OF MEMBERSHIP
(a) Upon purchase and execution of this Agreement, the Membership Member (Member/s) will be provided with the following content and/or services as detailed on https://feltedfungiclub.co.uk/
(“the Website”) and selected prior to purchase for their own personal, non-commercial use. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:
Newsletters and Emails
Video tutorials and Practice Workshops
Facebook group and Knowledge Base Videos
Any other Content from Sophie Wheatley’s Online Teaching
(b) The scope of Services rendered by Sophie Wheatley of All Things Felt & Beautiful pursuant to this Agreement shall be limited to those contained herein and/or provided for on hhttps://feltedfungiclub.co.uk/ as part of the Course.
(c) Sophie Wheatley of All Things Felt & Beautiful reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.
(d) Sophie Wheatley of All Things Felt & Beautiful may from time to time offer extra Services to Members for an additional fee.
(e) Members will have monthly access to Sophie Wheatley’s Course “Felted Fungi Club” for as long as the members payments are in good standing. If the member cancels their payment, they will be removed at the end of the payment period. It’s up to the member to manage their account, which they can do from the members login page at www.feltedfungiclub.co.uk
(f) Sophie Wheatley of All Things Felt & Beautiful reserve the right to cancel or terminate a Member’s use of and access to the Website without prior notice if they do not comply with our Terms of Purchase.
(g) At any point, should Sophie Wheatley of All Things Felt & Beautiful be terminating Sophie Wheatley’s Online Membership, the Course Member will be given at least thirty (30) days notice.
(h) Accounts with overdue payments by more than 5 days will be removed from the membership until payment is received.
(i) Sophie Wheatley of All Things Felt & Beautiful reserve the right to make changes to the Facebook group in line with the evolution of the membership over time. This includes changing information stored in the Facebook group, deleting information and pausing the group.
2. INTELLECTUAL PROPERTY & MEMBER RIGHTS
(a) The needle felt tutorials, lessons and videos that Sophie creates for Members to follow, including the information within these, are considered legally to be the intellectual property of Sophie Wheatley and the copyright for these workshops, lessons or informative videos remains with Sophie Wheatley of All Things Felt & Beautiful.
(b) Members may not share, reproduce or copy or plagurise any of the taught content or information provided – ie any The needle felt tutorials, information resources, lessons and videos, in order to benefit financially.
(c) Members may teach their own taught version of the fungi pictures in live, in person workshops – but must not copy the workshops or share any learning created by or belonging to Sophie Wheatley of All Things Felt & Beautiful.
(d) Members may sell the physical pictures they create as a result of following the taught content in Sophie’s video tutorials for instance in a local art exhibition or online shop
[For further clarity – see section 6 Intellectual Property Rights below]
3. PAYMENT AND REFUND POLICY
(a) Upon execution of this Agreement, the Member agrees to pay to Sophie Wheatley of All Things Felt & Beautiful the purchase amount as stated on the “Felted Fungi Club” Website, or via a sales promotion.
(b) The Member agrees to provide us with true, accurate and complete information as required by the sign-up process (“Subscription Data”), including their legal name, address, telephone number, email address and applicable billing information.
(c) The Member agrees to maintain and promptly update the Subscription Data and any other information provided to us. If the Course Member provides any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate the Course Member’s membership, and if applicable, their user account, and refuse any and all current or future use and/or access by the Course Member to the Website.
(d) With their monthly payment the Member commits to monthly membership of the Online Membership “Felted Fungi Club”. If a member cancels their payments they will be removed from the membership and Facebook community group.
(e) Credit Card Authorisation. Each party hereto acknowledges that Sophie Wheatley of All Things Felt & Beautiful will charge the credit card chosen by the Course Member on the date of purchase and for the amounts specified upon purchase.
(f) The member agrees not to assign, transfer, share or sublicense their rights as a subscriber.
(g) Sophie Wheatley of All Thing Felt & Beautiful reserves the right to update terms and conditions at any time without prior notice.
(h) No refunds are offered. Each monthly payment is final.
(i) Refund requests on the grounds of internet issues you might be experiencing will not be granted as there as too many variables that could be involved including your own internet provider problems which cannot be verified.
(j) Spin off support Facebook groups linked to the course and created by members are not allowed and contravene the terms of the course. Anyone starting a Facebook group with other members will have their access to the membership revoked.
4. DISCLAIMER
By participating in the Membership, the Course Member acknowledges that Sophie Wheatley of All Things Felt & Beautiful makes no guarantees as to the outcome of any Services, sessions, teachings, or modules accessed through this Membership. By participating in this Course, the Course Member acknowledges that Sophie Wheatley of All Things Felt & Beautiful does not warrant the accuracy of any information provided, is not liable for any losses the Course Member may suffer by relying on modules, content, videos, services, or products.
By participating in the Membership, the Course Member acknowledges that Sophie Wheatley of All Things Felt & Beautiful nor any of its representatives are medical doctors, psychologists, therapists, or financial advisors, and content and/or services do not replace the care of other professionals. Services provided herein are in no way to be construed or substituted as medical advice, psychological counseling or any other type of therapy or advice.
Any testimonials or examples shown through the feltandbeautiful.co.uk or feltedfungiclub.co.uk website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. The Course Member acknowledges that Sophie Wheatley of All Things Felt & Beautiful has not and does not make any representations as to success of any kind that may be derived as a result of use of its video tutorials, products or Services.
Sophie Wheatley of All Things Felt & Beautiful may provide the Course Member with information relating to products that it believes might benefit the Course Member. Sophie Wheatley of All Things Felt & Beautiful is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. Sophie Wheatley of All Things Felt & Beautiful may provide the Course Member with third-party recommendations for such services as photography, marketing, technology, business, health, or other related services. Sophie Wheatley of All Things Felt & Beautiful may be involved in affiliate relationships with certain third-parties for such recommendations and will inform the Course Member when this is the case. The Course Member agrees that these are only recommendations and Sophie Wheatley of All Things Felt & Beautiful will not be held liable for the services provided by any third-party to the Course Member.
5. RECORDING AND REDISTRIBUTION OF CALLS
The Course Member acknowledges that group calls and/or trainings may be recorded. The Course Member also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by Sophie Wheatley of All Things Felt & Beautiful.
6. INTELLECTUAL PROPERTY RIGHTS
In respect of the Material specifically created for the Course Member as part of this Membership, including video tutorials, videos, photos, documents, or other content (known collectively as the “Material”), Sophie Wheatley of All Things Felt & Beautiful maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of Sophie Wheatley of All Things Felt & Beautiful to the Course Member, nor grant any right or license other than those stated in this Agreement.
The Course Member may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sophie Wheatley’s Online Felted Fungi Membership website or members group, content or intellectual property, in whole or in part without our prior written consent. Any unauthorised copying, reverse engineering, redistribution, reproduction, publication or modification of Sophie Wheatley’s Online Felted Fungi Membership website content by any person without Sophie Wheatley of All Things Felt & Beautiful’s prior written authorisation is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.
7. DISCLAIMER OF WARRANTIES
The Services provided to the Course Member by Sophie Wheatley of All Things Felt & Beautiful under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
8. LIMITATION OF LIABILITY
By using Sophie Wheatley of All Things Felt & Beautiful’s Services and purchasing this Membership, the Member accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. The Course Member agrees that Sophie Wheatley of All Things Felt & Beautiful will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. The Course Member agrees that use of this Membership is at user’s own risk
9. JURISDICTION AND DISPUTE RESOLUTION
This Agreement shall be construed in accordance with, and governed by, the laws of England as applied to contracts that are executed and performed in the United Kingdom. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be England. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement through the International Court of Arbitration (ICC). The parties further agree that their respective good faith participation in arbitration is a condition precedent to pursuing any other available legal or equitable remedy, including litigation or other dispute resolution procedures.
If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
10. NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to sophie(at)feltandbeautiful(dot)co(dot)uk
11. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.