Terms & Conditions
These terms and conditions are the contract between you and createandbloom.com (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
We are Create & Bloom, registered in the United Kingdom. Our postal address is Suite 1, Worth Hall, Macclesfield, Cheshire, SK11 6DU, United Kingdom.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave our website immediately.
These are the agreed terms:
Definitions:
“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
“Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.
“Post” means place on or into Our Website any Content or material of any sort by any means.
“Services” means all of the services available from Our Website.
Website Terms & Conditions:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Company is under no obligation to screen or monitor Content, but we retain the right to include, edit or remove any Content at any time without notice.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
YOUR ACCOUNT AND PERSONAL INFORMATION:
- When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
- You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
- You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
RESTRICTIONS ON WHAT YOU MAY POST TO OUR WEBSITE:
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post, upload Content or undertake any activity which is or may:
- be unlawful, or tend to incite another person to commit a crime;
- consist in commercial audio, video or music files;
- be obscene, offensive, threatening, violent, malicious or defamatory;
- be sexually explicit or pornographic;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
- post Content on behalf of some other person, or impersonate another person;
- use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
- request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
- be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
- link to any of the material specified in this paragraph;
- post excessive or repeated off-topic messages to any forum or group;
- send age-inappropriate communications or Content to anyone under the age of 16.
YOUR POSTING: RESTRICTED CONTENT:
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorised by us;
- keywords or words repeated, which are irrelevant to the Content Posted.
- the name, logo or trademark of any organisation other than yours.
- inaccurate, false, or misleading information;
REMOVAL OF OFFENSIVE CONTENT:
- For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
- We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
- your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
- we shall remove the offending Content as soon as we are reasonably able;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- we may re-instate the Content about which you have complained or not.
- In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
OUR WEBSITE: MODERATED CONTENT:
- Whatever the age of consent in your country, we are anxious that our users should be protected from unsuitable Content. To protect you and your children, you should know our policy, which is as follows:
- Insofar as Content relates to children, our volunteers have checked both the entries, and, where relevant, the links.
- We do not knowingly collect personal information from any person under the age of 18 years.
- Any person of any age may freely access any page of Our Website. We do not check identities or moderate Content beyond our reasonable control.
- It is you, not we, who provide access to Our Website for the children in your care. It is for you to check that the Content your children might see is suitable for them.
- Where links are concerned, you may like to check the privacy policies of those sites where your children might visit frequently to see how they collect and use information.
- Filter software may also be useful to you.
- You acknowledge that we are not responsible for Content that anyone has placed on Our Website for the content of the site accessible by a link from Our Website.
- You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.
CHILDREN USING OUR WEBSITE:
- Whatever the age of consent in your country, we are anxious that they should be protected from unsuitable Content. To protect your children, you should know our policy, which is as follows:
- In the children categories, our volunteers have checked both the entries, and, where relevant, the links.
- We do not knowingly collect personal information from any person under the age of 16 years.
- Any person of any age may freely access any page of Our Website. We do not check identities nor moderate Content.
- It is you, not we, who provide access to Our Website for the children in your care. It is for you to check that the Content your children might see is suitable for them.
- Where links are concerned, you may like to check the privacy policies of those sites where your children might visit frequently to see how they collect and use information.
- Filter software may also be useful to you.
- You acknowledge that we are not responsible for Content that anyone has placed on Our Website for the content of site accessible by a link from Our Website.
- You now agree to waive any claim you may otherwise have against us on account of age-related suitability of Content and to indemnify us against any claim made by any person on behalf of a child in your care.
SECURITY OF OUR WEBSITE:
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
- If you violate Our Website, we shall take legal action against you.
- You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- share with a third party any login credentials to Our Website;
- Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
INTELLECTUAL PROPERTY:
You agree that at all times you will:
- not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
- notify us of any suspected infringement of the Intellectual Property;
- so far as concerns software provided or made accessible by us to you, you will not:
- copy, or make any change to any part of its code;
- use it in any way not anticipated by this agreement;
- give access to it to any other person than you, the licensee in this agreement;
- in any way provide any information about it to any other person or generally.
- not use the Intellectual Property except directly as intended by this agreement or in our interest.
DISCLAIMERS AND LIMITATION OF LIABILITY:
- The law differs from one country to another. This paragraph applies so far as the applicable law allows.
- All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
- Our Website includes Content Posted by third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the “Contact us” page on Our Website.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
- Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
- The createandbloom.com Website and createandbloom.com’s Services are provided “as is”. We make no representation or warranty that the a product or service will be:
- useful to you;
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, without interruption, or without error.
- We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
- We accept no responsibility for:
- third party advertisements which are posted on Our Website or through the Services;
- the conduct, whether online or offline, of any user of Our Website or the Services;
- failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services.
- You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned
- Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of £1,000.
- We shall not be liable to you for any loss or expense which is:
- indirect or consequential loss; or
- economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
- This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 as well as to us.
MISCELLANEOUS MATTERS:
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or by e-mail. It shall be deemed to have been delivered:if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. - The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
HOW WE USE COOKIES:
As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality.
We use cookies for a variety of reasons detailed in our Cookie Policy. Unfortunately, in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.
For more information Cookies please see our Privacy Policy at https://createandbloom.com/privacy-policy/ and our Cookie Policy at https://createandbloom.com/cookie-policy/
LINKS TO OTHER WEBSITES:
This website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
CONTROLLING YOUR PERSONAL INFORMATION:
You may choose to restrict the collection or use of your personal information in the following ways:
- if you have previously agreed to us using your personal information for direct email marketing purposes, you may change your mind at any time by clicking ‘unsubscribe’ at the bottom of any email from us or by emailing us at hey @ createandbloom.com.
- You can also email us at hey @ createandbloom.com to request details about the information we hold on you and also request that we remove it in accordance with our Privacy Policy found at https://createandbloom.com/privacy-policy/ and the law.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting.
COPYRIGHT:
This website and its content is copyright of Gemma Louise Kimpton © 2012 – 2024. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only
- you may link to the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
FREE DOWNLOADS:
If you sign up for and download any of the free downloadable items provided to you via email you must not copy, sell or redistribute them. These are to be used for personal use only.
AFFILIATE MARKETING:
The blog on this website is mostly written and edited by me, Gemma Louise Kimpton. From time to time, we have guest authors write for the website also.
This website contains affiliate links for products and services that we truly adore or have used ourselves. We always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this blog are purely the bloggers’ own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
Amazon Associates is an Affiliate Program. As an Amazon Associate I earn from qualifying purchases.
GUEST AUTHORS:
From time-to-time we have guest bloggers post on our site. The views, opinions and positions expressed within these guest posts are those of the author alone and do not represent those of the owner of createandbloom.com. The accuracy, completeness and validity of any statements made within these articles are not guaranteed. We accept no liability for any errors, omissions or representations. The copyright of this content belongs to the author and any liability with regards to infringement of intellectual property rights remains with them.
COMPLAINT HANDLING:
If you have a complaint about our organisation we want to hear about it and we will do our best to put it right.
To make a complaint, please use the contact form at https://createandbloom.com/contact/
GIVEAWAYS:
The promoter of any giveaways listed directly within this website or promoted via our official social media channels is Create & Bloom whose mailing address is, Suite 1, Worth Hall, Macclesfield, Cheshire, SK11 6DU, United Kingdom.
There are no entry fees and no purchases necessary to enter our competitions or giveaways.
No responsibility can be accepted for entries not received for whatever reason.
The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
First Prize Winners will be chosen at random by software provided by random.org from all entries received and verified by our mailing list software.
The winner(s) will be notified by email within 28 days of the closing date. If a winner cannot be contacted or does not claim the prize within 7 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
The promoter will notify the winner(s) when and where the prize can be collected.
The promoter’s decision in respect of all matters to do with the competition or giveaway will be final and no correspondence will be entered into.
By entering a competition or giveaway, an entrant is indicating his/her agreement to be bound by these terms and conditions.
Any competitions or giveaways and these terms and conditions will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
Any winners agree to the use of his/her first name in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
Entry into the competition will be deemed as acceptance of these terms and conditions.
Our promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter, Snapchat, YouTube or any other Social Network.
You are providing your information to Create & Bloom and not to any other party unless we use a Third Party app to collect entries.
The information you provide for entry will be used in conjunction with the following Privacy Policy found at https://createandbloom.com/privacy-policy/
Online Courses/Trainings and Workshops Terms & Conditions
By purchasing any Create & Bloom courses, trainings and workshops (hereinafter the “Program”), you, the purchaser (hereinafter “Student”) enters an agreement with Create & Bloom (“Company”) and agree to the following terms:
1. Course Deliverables
Company agrees to provide the content as promised on the Program sales page at the time of checkout.
Student will retain access to the Program for the life of the Program, meaning for as long as Company offers and maintains the Program. Company will provide Student with at least one month’s notice should Company need to retire the program. It is then Student’s responsibility to download all materials from the Program before the retirement date noted by Company.
2. Privacy Policy
Company’s Privacy Policy is hereby incorporated by reference into this agreement. Student understands that Company will be providing educational content to Student and that Company’s obligations under this Agreement exist only while Student is a paying member of the Program and that Company’s obligations will cease once Student or Company cancels Student’s membership.
Student also understands that Company is not providing one-on-one service on behalf of Student.
Please also refer to our Full Privacy Policy here.
3. Payment
In consideration of Student’s access to the Program, Student agrees to pay the price indicated on checkout.
Student hereby authorises Company to charge Student’s credit card or debit card automatically as part of Student’s payment plan.
After payment, students will receive access to the Program to the email address used to sign up.
Program access is via Heartbeat.
4. No Refunds
Company has a strict no refund policy on the Program. Student understands and agrees to this.
5. Cancellation
Student may not cancel their payments for the Program and understands that they are responsible for paying for the Program in full upon registration. Should Student fail to make timely payment, Company may immediately suspend Student’s access to the Program and pursue whatever remedies available to collect the balance owed.
Company may cancel Student’s Program at any time for any reason.
6. Intellectual Property
Company owns the rights to all content in the Program such as texts in the forms of guides, books, explanations and the like, as well as other graphics, logos, images, downloads, and other like materials. Student’s participation in the Program does not transfer any intellectual property rights to Student. Company grants Student a single-use, non-exclusive, non-transferable, revocable license to any and all Program content. Student agrees not to create any derivative works of the content found in the Program.
7. Force Majeure
Company shall not be liable or responsible to Student, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
8. Independent Contractor
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Company agrees only to provide Student with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
9. Severability
If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.
10. Liability
Student agrees to absolve and do hereby absolves Company of any and all liability or loss Student may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. Student agrees that Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
11. Warranty
Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
12. Assignment
Student may not assign this Agreement without express written consent of Company.
13. Modification
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
14. Indemnification
Student agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of Student’s use of or inability to use the Program and related services, any user postings made by Student, your violation of any terms of this Agreement or your violation of any rights of a third party, or Student’s violation of any applicable laws, rules or regulations.
15. Dispute Resolution
Student expressly waives any and all claims, now or in the future, arising out of or relating to the Program. To the extent Student attempts to assert any such claim, Student hereby expressly agrees to present such claim only in the small claims courts in United Kingdom.
Behind-The-Scenes Membership Terms & Conditions
Click here to see the Behind-The-Scenes Membership Terms and Conditions.
Blooming Bosses Membership Terms & Conditions
Click here to see the Blooming Bosses Membership Terms and Conditions.
Refund and Returns Policy
All sales of digital products are final. No exchanges or refunds will be offered if you change your mind.
Collaborative Bundle (E.g. The Making it Bloom Bundle) purchases are final and cannot be refunded due to access being made immediately available to the resources included in the bundle accross various businesses. Bundle value may decrease in the event of the removal of an included product in the bundle.
You have 30 days to advise us of a problem with any digital downloads product. You have the right to a replacement of any faulty digital items. Problems with your computers ability to open the files or use the downloadable file does not mean that there is a fault with the product. If you have a problem with downloading your digital items, please get in touch here.
Any digital products will be available to download or access via ThriveCart or Heartbeat once your order has been processed.
Last Updated: 14th May 2024