Terms and Conditions

General Terms and Conditions

General Table of Contents

The ‘Company’ – Pink Fizz Social or any other trading name.

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Pink Fizz Social (“Company”, “we”, “us”, or “our”), concerning your access to and use of thehttps://pinkfizz.social website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in England and have our registered office at 11 Harlech Close, Haslingden, Rossendale BB4 6TL. The Site provides an online marketplace for the following goods, products, and/or services: Merchandise, 121 Coaching, Courses and Training (the “Marketplace Offerings”). In order to help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms and Conditions. You agree that by accessing the Site and/or the Marketplace Offerings, you have read, understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE Terms and Conditions, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

Supplemental Terms and Conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or use the Marketplace Offerings.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site or the Marketplace Offerings, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions ; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site.

 

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Marketplace Offerings and the Site is provided for informational and advertising purposes only.

USER REGISTRATION

You may be required to register with the Site in order to access the Marketplace Offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

MARKETPLACE OFFERINGS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the Marketplace Offerings available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the Marketplace Offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All Marketplace Offerings are subject to availability, and we cannot guarantee that Marketplace Offerings will be in stock. Certain Marketplace Offerings may be available exclusively online through the Site. Such Marketplace Offerings may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.

PURCHASES AND PAYMENT

We accept the following forms of payment:

  • Transactions under £30
    • Paypal
    • Credit Card (processed by Stripe)
    • Debit Card (processed by Stripe)
  • Transactions over £30
    • Credit Card (processed by Stripe)
    • Debit Card (processed by Stripe)
  • Academy and Academy+
    • Credit Card (processed by Stripe)
    • Debit Card (processed by Stripe)
  • Payments Plans
    • Credit Card (processed by Stripe)
    • Debit Card (processed by Stripe)

You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in GBP.

 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

REFUND POLICY

To be eligible for a refund, communication should have taken place between Pink Fizz Social and the customer regarding the service purchased.

 

Any downloadable content should not have been downloaded for a refund.

 

Several types of services/products are exempt from being returned/refunded.

Additional non-returnable items:

  • Downloadable software products
  • Virtual Services
  • Academy and Academy+ purchase and renewals
  • £7 Sundays

To complete your return, we require a receipt or proof of purchase.

 

There are certain situations where only partial refunds are granted, eg but not limited to:

  • Audit has been completed but not sent

Refund
Once you meet the requirments and with mutual agreement, your refund will be processed, and a credit will automatically be applied to your original method of payment, within a 5-7 working days.

 

Late or missing refunds
If you haven’t received your refund after 7 working days, first check your bank account again

Then contact your credit card company, it may take some time before your refund is officially posted

Next contact your bank. There is often some processing time before a refund is posted

If you’ve done all of this and you still have not received your refund yet, please contact us at [email protected]

 

Sale Items
Only regular priced services/items may be refunded. Sale services/items cannot be refunded

 

Exchanges
We do not offer exchanges

 

Shipping Address
An agreed return address will be sent at the time of required return

 

Correspondence
All correspondence should be emailed to [email protected].

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  • Use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
  • Use the Site to advertise or offer to sell goods and services.
  • Sell or otherwise transfer your profile.

USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy.

 

When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination, or suspension of your rights to use the Site and the Marketplace Offerings.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

 

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:

 

  1. providing your Third-Party Account login information through the Site; or
  2. allowing us to access your Third-Party Account

 

as is permitted under the applicable Terms and Conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the Terms and Conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

 

By granting us access to any Third-Party Accounts, you understand that

 

  1. We may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and
  2. we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

 

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.

 

You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

 

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

 

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

  1. monitor the Site for violations of these Terms and Conditions.
  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities.
  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
  4. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  5. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://pinkfizz.social/privacy-policy/.

 

By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions . Please be advised the Site and the Marketplace Offerings are hosted in the United Kingdom. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you agree to have your data transferred to and processed in the United Kingdom.

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site.

 

Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site and the marketplace offerings (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. We may terminate your use or participation in the site and the marketplace offerings or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

 

We cannot guarantee the Site and the Marketplace Offerings will be always available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Pink Fizz Social and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Manchester, which means that you may make a claim to defend your consumer protection rights in regard to these Conditions of Use in the United Kingdom, or in the EU country in which you reside.

DISPUTE RESOLUTION

Informal Negotiations

 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

 

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Manchester, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom. 

 

Restrictions

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

The site and the marketplace offerings are provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and the marketplace offerings and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site or the marketplace offerings, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATIONS OF LIABILITY

In no event will we or our owners, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site or the marketplace offerings, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising or £50.00 GBP. Certain international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers or limitations may not apply to you, and you may have additional rights.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Marketplace Offerings; (2) breach of these Terms and Conditions ; (3) any breach of your representations and warranties set forth in these Terms and Conditions ; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

 

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

 

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Marketplace Offerings. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions .

CONTACT US

In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at:

In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at:

 

Pink Fizz Social
B5, Block B,
Prinny Mill Business Centre
68 Blackburn Road

Haslingden,

Rossendale

BB4 5HL

United Kingdom


Phone: +44 (0)7967 211 485

[email protected]

The Template Club and The Academy

Terms and Conditions Updated 22nd October 2023.

These Terms and Conditions are in addition to the General Terms and Conditions above

General Terms and Conditions for The Template Club and The Academy

The Template Club and The Academy is an additional service for and on behalf of Pink Fizz Social – and its members, who shall be formally referred to forward as The Company or Academy, all terms and conditions apply to the Academy, its content, and video, both written, verbal and digital.

 

All rights are reserved by Pink Fizz Social https://pinkfizz.social all associated social media, groups, courses, pages, and affiliations, including all IP, locations and data, brand affiliation, sub businesses, branding, and promotional content, as The Company.

All rights are reserved by the Company/Academy (Pink Fizz Social), its employees, contractors, and affiliations.

 

Content may only be used as part of the Academy Membership, known as The Template Club and The Academy, whilst a paying member only, content and training, methods, etc, are under copyright to The Company and should not be used, copied, sold, loaned or promoted without express consent in writing from The Company, any misuse, defamation, resale, copying or infringement will terminate the Contract between Academy (The Company) and the member, subscriptions in these cases will be terminated without notice, reason or refund, and will not be fulfilled to the individual in question is attributed to the above.

 

Academy Membership is paid in advance each month via debit or credit card and will be processed by Stripe, membership will last for 1 month from payment date where full access will be available to all content intended for the membership package chosen.

No guarantees, promises in whole or part are made by The Company to any, part of all of the Pink Fizz Social membership, programs, affiliates, content or courses, of any results or methods in the programs, all usage, success or otherwise is wholly the member’s responsibility, and no responsibility will be taken by The Company, its employees, contractors or affiliates.

Discounts

Any discount will be for the duration of your membership where there is no break in payment unless stated as part of the promotion where the discount may only be valid for the first month.  Any failed payments may result in charges returning to full price.  

Free Trials

Free trials will last for the duration of the specified promotion, following this the normal sign up price will resume specified at the time of taking the free trial and the email confirmation of order.  It is the responsibility of the customer to cancel the subscription to avoid being charged at the end of the trial period.  Any refunds are at the discretion of Pink Fizz Social should a subscription not be cancelled in time by the customer.  Standard cancellation terms and conditions apply.

Cancellation and Refunds

The Template Club has a monthly option, The Academy has both monthly and annual options. When you sign up for a monthly contract you sign up for a monthly rolling contract.

Cancellation can take place in these timeframes

  • 7 days after initial sign up
  • 7 days after a renewal
  • Not within 1 day of renewal
    (eg if your renewal date is 5th of the month, the last day you can cancel will be the 3rd of the month

Cancellation will take place from the end of your current billing period, you will still have access until this date. When you sign up for an annual contract you sign up for an annual rolling contract which can be cancelled at any time.  Cancellation will take place from the end of your current billing period, you will still have access until this date. 

A 14 day cooling off period is in place, to be eligible no access to any digital content within Academy Connect, The Academy or The Academy+ should have been accessed.  This includes pages, images, posts and any other data behind the paywall excluding the page found at https://pinkfizz.social/academy.  Pink Fizz Social use software to track user access to all content.

Refunds in part or in full will not be issued outside of the terms above.

Pink Fizz Social reserve the right to cancel a subscriber’s subscription at anytime without prejudice or prior warning.  A refund pro-rata in line with the current billing month will be processed.

Upgrades and Downgrades

It is possible to upgrade from The Template Club to The Academy.  Sign up as you normally would for higher plan, within 48 hours during the work days you will receive a pro-rated refund for anytime left on your lower plan membership.

It is not possible to downgrade from a higher plan.  You would need to cancel the higher plan and resubscribe to plan of choice.

£7 Sundays

Many of the courses/service included in The Academy maybe part of a £7 Sunday promotion.  If purchased as part of £7 Sunday no refunds will be given should the customer already subscribe to The Academy.  If the customer cancels The Academy at anytime the purchase of the £7 Sunday course/service will still apply and access will still be granted to the purchase outside of The Academy.

Other Information

20% discount applies to most services provided by Pink Fizz Social apart from any services where you choose to pay via payment plan.  Only fully paid services are included. The discount will be applied at checkout if the service/product is included.

Brand Ambassador

Terms and Conditions Updated 7th January 2024

These Terms and Conditions are in addition to the General Terms and if you are a member of out Brand Ambassador Affiliate Scheme

Welcome

Welcome to Pink Fizz Social. We are happy to welcome you as a Pink Fizz Brand Ambassador that allows you to generate an automatic income by simply advertising our services.

 

This program allows you making our services known to your customers and lets you earn a commission corresponding to the agreed percentage of the price of the any purchase made by the user. The sum of money owed to you will be credited to your Paypal account no later than the 5th of the month following a complete month (1st October-31st October would be paid by the 5th November).

 

This text has to be held as an additional part of our Terms and Conditions and everything defined in there has to be held as valid. In case of inconsistencies between the two, the Terms and Conditions of Pink Fizz Social Brand Ambassador scheme will prevail.

Below in the text you will find explained details concerning how “Becoming a Brand Ambassador” works, payments and further details concerning the scheme.

Definition of Terms

User – any subject browsing the Internet and coming to Pink Fizz Social website and to the Brand Ambassador pages

Buyer – we refer to any user that has made a purchase of any of our services

Brand Ambassador – is any person adhering to the Pink Fizz Social Brand Ambassador scheme and subject to these Terms and Conditions. Any reference to you, your, yours has to be held as reference to the Brand Ambassador

Pink Fizz Social – is the author of this document and any reference in this document as I, we, us or our should be held as referred to Pink Fizz Social.

Becoming a Pink Fizz Brand Ambassador

Here you will find how the Pink Fizz Brand Ambassador scheme works.

For each user coming to our website by means of a link or a banner that you have advertised you earn a provision of 50% on the purchase price of any Academy or Template Club sales, this does not include any purchases made by you, the Brand Ambassador.

From your Brand Ambassador Click and Links page on Pink Fizz Social you will receive a referral link that will be automatically be generated from your username id. You can paste it on your website or use banners with that link and advertise it on your website.

Any of your users coming to our store by means of that link and purchasing either The Academy or The Template Club, will grant you a commission on the purchase.

For you to earn continued commission on these sales and renewals you must be a fully paid member of The Academy at the time of the monthly affiliate payouts.

Brand Ambassador Percentage

The Brand Ambassador percentage for our products is set to 50% of the monthly membership.

Cookies

An important section of the Terms and Conditions has to be devoted to cookies.

We use cookies to track users that reach our store by means of your referral link. If your users do not allow or clear cookies, we will not be able to track your referral link and therefore we will not be able to pay you the provision.

You should note that cookies are available for 30 minutes unless cleared by the user. If your users visit our marketplace, but they make a purchase only after this term, you will not be entitled of the provision anymore unless they use the same link again.

An order will not be updated if a customer fails to use a referral link or the link timesout.

FAQ

What happens if the buyer has come to Pink Fizz Social by following two different Brand Ambassador links, my referral link and another person’s one?

If users come to our marketplace through more than one referral link, the first one they access is to be held as the only one deserving the provision. For example, if one of your users reaches our marketplace through your link first, then once again through the referral link of another person, and only then purchases, you will be the one entitled of the provision for that purchase.  This is on the condition of the first refer ID cookie has not expired.  Expiration of cookies is set to 30 minutes.

Will I get commissions on The Academy and The Template Club renewals?

Yes.  Brand Ambassadors will get commission on subscription renewals.  The brand ambassador affiliate link MUST have been used during the initial sign up.  Retrospective updates to an order due to a customer failing to use the link will not be performed.

Payments

In this section you will find how payments of the provisions will be made.

 

Minimum Threshold

Each provision you earn will be credited to your Pink Fizz Social Brand Ambassador Account, so you allow us to pay provisions to you and credit them to your Paypal account. Payments will be made no later than the 5th of the following month.

 

Payment Methods

Pink Fizz Social keeps your earnings safe until you require payment. Unless we decide to pay your earnings before, they will be kept safe for you until the 5th of the following month.

If the 5th happens to be weekend or bank holiday, you will receive the payment the first following working day available. Payments will be done through PayPal and any possible expense for payment will be charged to you.

 

Keeping Your Earnings

If for any reason we cannot pay your earnings, we will keep them safe, included the circumstances in which we do not have the correct payment data or we are not able to contact you using the contact data you gave us. We will keep your earnings safe also if you ask us to make the payment to a person or an institution and it cannot be done for any reason, whether for legal or banking restrictions.


Currency Conversion

Any time we make a payment as Brand Ambassador, we are not responsible for currency conversion of your earnings from GBP into your favourite currency, nor are we responsible for any possible conversion costs that your financial institution might apply.

 

Refund

If any of the purchases related to your Brand Ambassador earnings is subject to refund or chargeback, we can at our discretion withdraw also the concerned commission from future Brand Ambassador earnings.

Protection of the Users

  • You cannot do any act that could be confusing, misleading or deceptive for users, inter alias, confuse them about the fact that your website be managed or authorised by Pink Fizz Social (e.g. by emulating graphic elements from our website).
  • Our trademarks or domains or intellectual properties are property of Pink Fizz Social and you cannot use them.
  • You cannot purchase a domain name, search engine keywords nor pay-per-click advertisements that use our trademarks or any possible variation of them, nor use texts that describe our products, unless you receive our official consent.
  • You cannot act against users in any form that is law violation, including spam, privacy, intellectual property violations, fraud, confusing actions for new users or links purposely made to deceive customers.
  • You cannot act in any way that be direct or indirect contravention of Pink Fizz Social Terms and Conditions, nor behaving in any way that does not conforms to our standards.

Fairness Policy

We reserve the right to decide whether or not your use of the Brand Ambassador scheme complies with Pink Fizz Social Brand Ambassador Terms and Conditions (for example, a coupon site where no big efforts are done to positively contribute to our business image in a win-to-win scenario as we require is not allowed). If we decide that your participation in the Brand Ambassador Scheme does not comply, after official communication, we can withdraw your earnings and may disable your account.

Pink Fizz Social Brand Ambassador Scheme is subject to a fairness and integrity policy that has to be respected, and that entitles Pink Fizz Social to consider revising for each unfair Brand Ambassador.

We are pleased that you have read this entire document.

If you have any question you can always write to us here.

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