TERMS & CONDITIONS
Last updated July 14, 2023
AGREEMENT TO OUR LEGAL TERMS
We are Kingsway Cultivated Limited, trading as Learn Joseph Massie, UK School of Floristry, Joseph Massie Studio, and Joseph Massie Flowers ('Company', 'we', 'us', or 'our'), a company registered in the United Kingdom at 16-20 Heaton Fold, Bury, Greater Manchester BL9 9HF. Our VAT number is 251 0159 45.
We operate the websites http://www.josephmassie.com http://www.learnjosephmassie.com, http://www.ukschooloffloristry.com, (the 'Site(s)'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
We provide floristry education via online courses, in-person courses, online subscription membership and online coaching services. We provide floral design consultation and production for weddings, events and private commissions. We provide content creation and advertising services. We sell floral design merchandise.
You can contact us by email at hello@josephmassie.com or by mail to 16-20 Heaton Fold, Bury, Greater Manchester BL9 9HF, United Kingdom.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Kingsway Cultivated Limited, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services 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 Legal Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are 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 Services.
We recommend that you print a copy of these Legal Terms for your records.
Please note that additional terms and conditions specific to our individual platforms identified above are available to view under their identified headings.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
9. USER GENERATED CONTRIBUTIONS
11. THIRD-PARTY WEBSITES AND CONTENT
17. MODIFICATIONS AND INTERRUPTIONS
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. CALIFORNIA USERS AND RESIDENTS
1. OUR SERVICES
The information provided when using the Services 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 Services 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 Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:
access the Services; and
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 or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services 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.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: hello@josephmassie.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ('Contributions'). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the 'COPYRIGHT INFRINGEMENTS' section below.
3. USER REPRESENTATIONS
By using the Services, 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 Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services 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 Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. 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.
5. PRODUCTS
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. 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. We accept payments in multiple currencies on our Learn Joseph Massie platform including US Dollars, British Pounds, Australian Dollars, Euros. All other payments are made in British Pounds.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise 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 Services. 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 judgement, appear to be placed by dealers, resellers, or distributors.
Please also review our specific Purchases and Payment section for your required platform.
7. RETURN/REFUNDS POLICY
Please review our specific Return/Refund Policy posted on the Services prior to making any purchases and within this document under the specific section for your required platform.
8. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services 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 Services, you agree not to:
Systematically retrieve data or other content from the Services 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 Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services 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 Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of or linking to the Services.
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 Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
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 Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' 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 Services.
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 Services, or use or launch any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorised use of the Services, 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 Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
9. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and 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 Services, 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 Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. 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 licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
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 Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised 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 Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
Additional Community Guidelines are available inside the Flower Class Private Facebook Group.
10. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
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 Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categoriseany Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) 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 Services or any Third-Party Content posted on, available through, or installed from the Services, 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-PartyWebsites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services 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 Legal Terms 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 Services or relating to any applications you use or install from the Services. 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 blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless 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.
12. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, 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 Services 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 Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.learnjosephmassie.com/privacy-policy-ljm. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom and United States. If you access the Services 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 and United States, then through your continued use of the Services, you are transferring your data to the United Kingdom and United States, and you expressly consent to have your data transferred to and processed in the United Kingdom and United States.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a 'Notification'). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (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 LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES 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.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services 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 Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services 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 Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms 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. Kingsway Cultivated Limited 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 regards to these Legal Terms in the United Kingdom, or in the EU country in which you reside.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a '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 these Legal Terms 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 utilise 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 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 unauthorised 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.
20. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, 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 Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE 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 SERVICES 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 SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES 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 SERVICES, (3) ANY UNAUTHORISED 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 SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES 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 SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, 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 JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, 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 SERVICES, 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 AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND 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 OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
23. 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) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. 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.
24. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. 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 Services. 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.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, 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 Services, 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 SERVICES. 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.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms 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 Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms 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 Legal Terms or use of the Services. You agree that these Legal Terms 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 Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
28. LEARN JOSEPH MASSIE
28A. PAYMENT PLANS
We may offer a payment plan offer on certain products to allow the spreading of payments across a number of months. Where payment plans are offered, the total amount to be paid is also listed. Due to the reduced cost at time of purchase and immediate full access to course content, our payment plan options are not eligible for a refund. Please make sure you are committed to your purchase before completing the purchase agreement.
Where a payment plan payment fails our platform will automatically reattempt to take the payment four times. Customers will receive notification via email that their payment has failed and advice on what action needs to be taken to ensure the success of the payment reattempt. In the instance of repeated payment plan failures the customer will receive notification via email. In this instance, the customer has 7 days to rectify the payment issue and make their payment plan payment. Failure to make a payment plan payment beyond this period will result in the termination of course access and the revoking of any free resources, webinars or trainings held within the customer's Learn Joseph Massie Library, as well as the revoking of access to any future free offerings. Future payment plan offers may also be prohibited.
If the customer wishes to resolve the failed payment beyond the 7 day period and resume their course access, this may be granted at the discretion of Kingsway Cultivated Ltd (T/A Learn Joseph Massie) by making a single payment of the balance owed on the original payment plan.
28B. PAYMENTS AND TRANSACTIONS DISPUTES.
Please note, our registered company name is Kingsway Cultivated Limited, as such your payments made on http://www.learnjosephmassie.com, may appear on your bank statement as Kingsway Cultivated Limited. In instance of any disputed payment to Kingsway Cultivated Limited following a purchase on our site, the customer will be notified via email and offered the opportunity to resolve the dispute with their bank within 14 days. The customer's access to all products, subscriptions and resources within their Learn Joseph Massie library will be revoked whilst the dispute is ongoing. In the instance that the disputed payment is resolved within 14 days without penalty to Kingsway Cultivated Limited, all product access will be resumed. In the instance that the disputed payment is not resolved within 14 days permanent termination of course access will occur and the revoking of any free resources, webinars or trainings held within the customer's Learn Joseph Massie Library, as well as the revoking of access to any future free offerings. Future purchase of courses and subscription offers may also be prohibited.
28C. PAYMENTS AND TRANSACTIONS CURRENCY.
We accept payments in multiple currencies including, US Dollars, British Pounds, Australian Dollars and Euros. Please note if the customer makes a purchase in a currency that is not their own, the purchase is subject to the current exchange rate and they may be subject to international banking fees depending upon their bank. Kingsway Cultivated Limited is in no way responsible for the applied exchange rate or additional fees. In the instance of a recurring payment the amount charged may vary between payments dependent upon the exchange rate.
28D. FLOWER CLASS MEMBERSHIP SUBSCRIPTION
Flower Class is a subscription membership, access to content remains available only whilst an active member. In the instance of a monthly subscription, you will be charged the monthly rate immediately and then the monthly rate monthly, every month unless you cancel your membership (exception occurs if you have a valid promotional coupon).
Members may cancel their membership at any time within the settings tab when logged in to their account. In case of cancellation, your membership and access to all Flower Class content will terminate at the end of the current billing cycle. No partial refunds are available for partly subscribed months. No monthly payment reminders are issued.
In the instance of an annual subscription, you will be charged your annual rate immediately (exception occurs if you have a valid promotional coupon) and then the annual rate, every year unless you cancel your membership. Members may cancel their membership at any time within the settings tab when logged in to their account. In case of cancellation, your membership and access to all Flower Class content will terminate at the end of the current billing cycle. No partial refunds are available for partly subscribed years. No annual payment reminders are issued. Should you change your mind and wish to cancel your annual membership, you can request a refund within 7 days of purchase. You will receive a full refund -5% of that purchase amount. This 5% covers refund charges incurred by our business and processing administrative time. It does not include any profit for our business.
28E. 7 DAY MONEY BACK GUARANTEE
We offer a 7 day Money Back Guarantee on some of our course and membership offerings. Where this guarantee is valid is clearly stated on the checkout page of an offer. Where applicable our 7 day money back guarantee is for the full purchase value made -5% of that purchase amount. This 5% covers refund charges incurred by our business and processing administrative time. It does not include any profit for our business. Refunds will be processed within 28 days of written request. Please note, even when not stated at checkout, our 7 day money back guarantee is not applicable for any payment plan options, monthly membership subscriptions or e-book purchases. No refunds will be processed beyond the 7 day notification period which begins from date and time of completed checkout.
28F. RIGHT TO CHANGE PRICES
We reserve the right to increase or decrease our prices for any of our offerings at our discretion. Refunds are not available for a purchase which is offered at a reduced price at a later date beyond initial purchase. For existing Flower Class members, no price increase will occur in the event that we raise our membership prices. If however a member cancels their membership and later wishes to re-subscribe, we cannot guarantee that their original rate will still be available and in this instance they will be subject to new rates only.
28G. RIGHT TO CHANGE CONTENT AND/OR OFFERING
We reserve the right to amend the content included or details of the offering for our Flower Class memberships, online courses and e-books. We are continually evolving and assessing our offerings and any amendments made are done so with the best learning interest of the student or customer in mind.
28H. FREE RESOURCE LIBRARY We offer a Free Resource Library which can be accessed via a form submission on our website which includes consent to receive marketing emails from Learn Joseph Massie. The content included within the Free Resource Library is available only to consenting customers. We reserve the right to remove, edit, add and change any content within the Free Resource Library without notice. Mis-use of the content within the Free Resource Library will result in termination of access.
29. UK SCHOOL OF FLORISTRY
29A. MINIMUM AGE REQUIREMENT
You must be at least eighteen years old at the time of booking.
29B.FEES
All fees stated are in Great British Pounds and inclusive of VAT at the prevailing rate. Each course fee includes a non-refundable booking fee detailed on the checkout page.
29C. METHODS OF PAYMENT
Fees can be paid online or by bank transfer (please contact us for account details). Please note we do not accept cash payments.
29D. VISAS
If you do not hold a UK / EU / EEA passport, you may require a visa that allows you entry to the U.K. in order to take one of our courses. For more information, please see the UK Home Office website at http://www.gov.uk. It is your responsibility to determine how far in advance you need to apply for a visa if it is required, and to allow sufficient time to obtain a visa. If you are refused entry to the UK, you will not be eligible for a refund of course fees. If your visa is delayed, you will also not be eligible for a refund of course fees. At our discretion we will consider transferring you to another course at a later date. We require a copy of your passport and visa at least five working days in advance of course commencement. We will not allow you to join the course if you do not have the required documentation that allows you entry to the U.K.
29E. CANCELLATIONS
In standard trading times if you must cancel a place on a course for any reason including, but not limited to illness, personal, or professional reasons, our cancellation policy is as follows:
a. You may cancel your place on a course up to one month before the course start date. Under these circumstances you will be entitled to a full refund of course fees, less the required booking fee for the course purchased.
b. If you wish to cancel within one month of the course start date on any course, you will not be entitled to a refund.
c. If you have booked a course within one month of its start date, conditions b will apply.
d. We cannot offer refunds for travel or accommodation costs that you may have incurred as a result of booking a UKSOF course.
e. At our discretion, if more than one month's notice is provided, we may offer an option to transfer your booking fee to an alternative course or course date. Please note that if alternative options are offered to you, there may be an additional charge incurred.
f. Cancellation requests must be made in writing to: hello@josephmassie.com.
In standard trading times, if we must cancel a course, our cancellation policy is as follows:
aa. Please note that courses have minimum attendance levels and may be cancelled if too few bookings are received. We reserve the right to amend or cancel courses.
bb. If we cancel a course we shall endeavour to give you at least one week’s notice. You will have the option of transferring to another course or having a full refund of the fees, which we will return to you within three weeks.
cc. We will not be liable for any losses including, but not limited to, travel and accommodation costs arising as a consequence of any modification or cancellation of courses or timetabling constraints as set out above, beyond the cost of the course fee.
In non-standard trading times, such as the Covid-19 pandemic and/or unforeseen circumstances our cancellation policy is as follows:
As we are not operating in standard trading conditions, if we cancel a course we shall endeavour to give you at least one week’s notice. You will have the option of transferring to another course, at our discretion, or a refund of the balance paid. The non-refundable booking fee paid cannot be refunded - however we will hold this as credit for use on a future course.
29F. PHOTOGRAPHY AND VIDEO
Photography of your own work is encouraged at our School, however you are not permitted to record videos during your time at our School.
29G. STUDENT CONDUCT
Students are expected to conduct themselves in a professional manner and to recognise that other students also require support and assistance. If a student becomes persistently disruptive, we reserve the right to issue an oral or written warning and, if this does not resolve the situation, we may, at our discretion, ask the student to leave the course. No refunds will be permitted in this instance.
29H. MATERIALS
All tools required to complete the course are provided on a user basis for the duration of the course. All sundries and flowers are included in the course fees.
29I. HEALTH AND SAFETY
Students are expected to follow Health and Safety guidelines that are given at the start of each course. Students are asked to wear appropriate clothing and footwear during the course. Students who fail to comply with Health and Safety rules will be unable to participate in the course, and no refunds will be permitted in this instance.
30. JOSEPH MASSIE STUDIO
30A. Custom projects and commissions including, but not limited to, educational and ambassadorial are subject to our minimum project fee and/or day rate for personal appearance.
30B. All custom projects and commissions are priced on a project by project basis.
30C. All custom projects and commissions require a deposit payment to secure the booking.
30D. All custom projects and commissions are subject to the provision and signing of a legal contract.
31. JOSEPH MASSIE FLOWERS
TERMS OF AGREEMENT FOR ALL WEDDINGS AND EVENTS
31A. THE PROPOSAL
The Proposal pricing contained in your Proposal document is valid for seven days from proposal date. All written designs, either proposed or finalised, listed in this proposal are copyrighted and are the sole property of Joseph Massie Flowers. The images contained, however, are not.
31B. All of the materials provided for your event, except the flowers or incase of prior written agreement, are provided on a rental basis. Any exception to this must be agreed upon in writing prior to the date of your event. From time of delivery at location until removal, and within a reasonable amount of time, the client assumes full responsibility for all materials. Replacement of lost or stolen items, or repair of any damaged items, unless due to negligence of a Joseph Massie Flowers employee, will be billed to the client.
31C. If you want to change any of the following after execution of this agreement, you are financially responsible for any and all advance purchases related to these changes, whether or not they are utilised in the final production of the event:
1) Changes to the Floral Palette
2) Colour Palette
3) Overall Event Design
Once this agreement is executed, via payment of the non-refundable booking fee, or payment in full, if modifications to our agreement are required, additional charges may apply for the procurement and production of any and all changes as floral and/or décor acquisitions in an aggregate form may no longer be possible.
31D. Quantities described in your proposal are considered final fourteen (14) days before your event. You can increase the count at additional cost. With reasonable notice, we will do our best to provide similar items should your guest count increase and you will be responsible for those additional charges. You cannot reduce your count and reduce your cost for the items if this occurs within fourteen (14) days of the event. You understand that should your guest count decrease, then you are responsible for the charges for the items as set forth by the terms of this agreement.
31E. FRESH FLOWER DISCLAIMER
Every effort will be made to provide you with the flowers and materials described in your proposal. However, we reserve the right to substitute should specific varieties become unavailable.
31F. PROP HIRE DISCLAIMER
Every effort will be made to provide you with the props and materials described in your proposal. However we reserve the right to substitute should a specific item become unavailable.
31G. PAYMENT OF FEES
Upon agreement and acceptance of your order we will require a 25% non-refundable booking fee of the total contract as a confirmation of your order, with the remaining 75% due fourteen (14) days prior to your event. In addition to the above, please acknowledge that any and all delivery, set-up and collection of your event is subject to an additional labour charge, billed additionally to any decor options.
31H. FEES
All fees stated are in Great British Pounds and inclusive of VAT at the prevailing rate.
31I. POSTPONEMENTS AND CANCELLATIONS
If you must postpone or cancel a wedding/event, our policy is as follows:
a. You may cancel your wedding/event up to two weeks before the wedding/event start date. Under these circumstances you will be entitled to a full refund of fees, less the required 25% non-refundable booking fee for the wedding/event. The 25% non-refundable booking fee is retained in accordance to current UK Government advice to cover all reasonable expenditure that we have spent on your wedding/event, prior to your cancellation. This expenditure includes, but is not limited to, costs related to your initial consultation appointment, the design and creation of your bespoke proposal, any and all subsequent meetings, any and all subsequent administration costs, and any and all hard goods or procurement costs relating to your wedding/event.
b. If you wish to cancel within two weeks of the wedding/event start date on any wedding/event, you will not be entitled to a refund.
c. If you book a wedding/event within one month of its start date, condition b will apply.
d. Postponement and cancellation requests must be made in writing to: hello@josephmassie.com.
e. If you need to re-arrange/postpone your wedding/event we will endeavour to accommodate an alternative date subject to availability.
f. In the instance an alternative date is requested with more than two weeks (14 days) notice of booked date, there will be no additional charges or fees billed to you (the client) to move our services to accommodate a new date.
g. In the instance an alternative date is requested with less than two weeks notice of booked date a fee of £1000.00 will be applied to your account to cover the costs incurred, such as administration costs, procurement costs, costs of fresh goods, cost of hard goods, and labour. This fee will be due two weeks (14 days) prior to the new wedding/event date.
h. In the instance an alternative date is requested beyond a six month period from the original booked date, we reserve the right to review all costs within the proposal and updated/increased costs for all items may apply.
i. In the instance an alternative date is confirmed between the client and Joseph Massie Flowers, all funds paid to date will be fully valid for the new date, and will be transferred to the new date. No funds paid to date will be lost.
j. In the instance Joseph Massie Flowers cannot accommodate a new date, due to our company being fully booked with pre-existing clients and therefore unable to offer our services for the new date, we will refund the balance paid to date provided documentation can be supplied which states that your original date has been cancelled, and the date of your wedding/event has changed to the new date which we cannot make. Such acceptable documentation as proof of this could be communications from your venue, planner or insurance company which we can validate independently. Following validation, a full refund will be processed in full within 30 days. Please note your non-refundable booking fee will not be refunded and will be retained by Joseph Massie Flowers.
k. If you need to re-arrange/postpone your wedding/event, and we can make your date, but due to factors outside our control, the order slips below our minimum spend, we would consider this scenario on a case by case basis to see whether we could accommodate your wedding/event at the new budget. If we are able to, we will honour your booking and the deposit and funds will remain valid, and we will work to your new budget. If we decide we cannot accommodate the new budget, we will refund the balance paid to date within 30 days. Please note your non-refundable booking fee will not be refunded and will be retained by Joseph Massie Flowers. Where the order falls below our minimum budget the decision to provide services will be solely at our discretion, and will be evaluated on a case by case basis.
l. If you need to re-arrange or postpone your wedding/event due to government regulations in the instance of a Covid-19 pandemic or other similar unforeseen circumstances we will work with you on a case by case basis to accommodate imposed restrictions. Please note the conditions of our non-refundable booking fees and notice periods remain unchanged.
31J. METHODS OF PAYMENT
Fees can be paid online or by bank transfer (please contact us for account details). Please note we do not accept cash payments.
32. OTHER
32A. FORCE MAJEURE We shall not be liable for any failure or delay in the performance, in whole or part, of any of our obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes (whether involving our workforce or the workforce of any other party), act of God, war, riot, civil commotion, terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery or heating, lighting, air conditioning or telecommunications equipment, fire, flood, storm, pandemics, epidemics or other outbreaks of disease or infection, or failure in the external supply of electricity, water or telecommunications (including internet) connections.
33. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Kingsway Cultivated Limited
16-20 Heaton Fold
Bury, Greater Manchester BL9 9HF
United Kingdom
hello@josephmassie.com