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Last updated October 29, 2019
These terms and conditions outline the rules and regulations for the use of Wednesday Genius’s Website. Please read these terms and conditions carefully, as they affect your legal rights.
Use and Consent
You must be at least 18 years of age to use this Website, Products and Services. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Terminology & Definitions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
“Client”, “You” and “Your” refers to you, the person accessing this website
and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
This Website, and all offered Products and Services are owned and operated by Wednesday Genius, which is the trading name of Jessica Barnaby, and is a creative copywriting & marketing consultancy.
The “Website” refers to https://wednesdaygenius.com, (including any sub-domains, unless expressly excluded by their own terms and conditions)
“Products” and “Services” are defined as any paid or free product, program or service, course, handout, newsletter, information product, e-book or other service where we provide content for educational and informational purposes that is not permitted to be used in your own business for commercial use or in a way that earns you money, unless you have been granted a licence in writing. Products and Services may be delivered in ways including but not limited to in-person, phone, Skype, webinars, videos, audios, books, e-books, products, social media, blog articles, or otherwise in a variety of settings such as coaching sessions, classes, consultations, or trainings.
“Products” and “Services” include a range of offering including but not limited to:
- “Copy Services” include copywriting services where we write, edit and/or advise you about Copy, and may include Copy Coaching sessions or other communication.
- The “Copy” resulting from copywriting services is the printed, written or spoken text that we create or co-create with you to share privately or publicly and use in a variety of ways in your business for business or commercial purposes or in any way that earns you money, such as on your own website, in videos, audios or marketing materials.
- “Artwork” including sketches, drawings, illustrations, digital designs, web graphics, and any graphical piece, digital or otherwise, that is not permitted to be used in your own business for commercial use or in a way that earns you money, unless you have been granted a licence in writing
- “Ghostwriting Services” where we produce Copy or Artwork that you may amend, distribute, publish and share under your own name privately or publicly and use in a variety of ways in your business for business or commercial purposes or in any way that earns you money, such as on your own website, in videos, audios or marketing materials.
Intellectual property and acceptable use
- All Content included on the Website, unless uploaded by Users, is the property of Wednesday Genius, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights, and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
- You may, for your own personal use only, do the following:
- retrieve, display and view the Content on a computer screen
- download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)
- print one copy of the Content
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Wednesday Genius.
- You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Unless otherwise stated, Wednesday Genius and/or it’s licensors own the intellectual property rights for all free and paid Content on the Website and in our Products and Services. All intellectual property rights are reserved.
All content obtained through us is solely our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. You may not use our free or paid Content in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You must not:
- Republish material from the Website
- Sell, rent or sub-license material from the Website or any of our free or paid Programs, Products, and Services, including newsletters and handouts
- Modify, Reproduce, copy or distribute any Content, including newsletters and handouts
- Redistribute content from Wednesday Genius unless permission has first been granted in writing
- Use our Content and Material for your own business or commercial purposes, or in any way to make you money, unless permission has first been granted in writing
You are permitted to use our Products & Services as follows:
- You may download and/or print Program Materials for your own personal use. However, you are not permitted to use our Content and Material for your own business or commercial purposes, or in any way to make you money, unless permission has first been granted in writing
You are permitted to use Ghostwritten Copy and Artwork as follows:
- You are permitted to amend, revise, share, sell, reprint or republish or use, privately or publicly, any Ghostwritten Artwork and Copy that you have purchased from us for personal, business and commercial purposes
- There is no obligation to credit Wednesday Genius or Jessica Barnaby for the original Copy or Artwork
If you credit Wednesday Genius or Jessica Barnaby for Copy or Artwork purchased under a Ghostwriter License, you understand and agree that there is no obligation on our part to offer compensation or payment.
All rights not expressly granted in these terms or any express written license, are reserved by us.
- Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Wednesday Genius does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions ofWednesday Genius, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Wednesday Genius shall not be responsible or liable for the Comments or for any loss, cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
- Wednesday Genius reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
- You warrant and represent that:
- You are over the age of 18 and are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- You hereby grant to Wednesday Genius a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
- The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
- Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or
other violation of, any third party rights.
Reservation of Rights
We reserve the right at any time and at our sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Links to other websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Wednesday Genius.
- We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the
website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Earnings Disclaimer. You acknowledge that we do not make any representations or guarantees as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of participating in our Products and Services. You accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Products and Services. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgment in using our Products and Services, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Products and Services.
Availability of the Website and disclaimers
- Any online facilities, tools, services or information that Wednesday Genius makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Wednesday Genius is under no obligation to update information on the Website.
- Whilst Wednesday Genius uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users must take responsibility for their own security, that of their personal details and their computers.
- Wednesday Genius accepts no liability for any disruption or non-availability of the Website.
- Wednesday Genius reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
- We will not be held responsible or liable in any way for your use of, or the results you obtain, or don’t obtain, through the information, products or materials that you request or receive from our Website, Programs, Products, Services, Materials and Copy.
- We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.
- In the event that you use our Programs, Products, Services, Program Materials and Copy or any other information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.
- We will not be liable to you in respect of any losses arising out of your use, mis-use or non-use of any and all information, products and material provided by us.
- To the maximum extent permitted by law, Wednesday Genius accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
Purchases and Online Commerce
You agree to only purchase our Programs, Products and Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
We use payment processing companies and merchants to handle purchases made through our Website. We have no responsibility or liability for the privacy and data collection practices of these companies and you may be subject to their additional terms and conditions when you make your purchase. For more information regarding a Merchant and any terms and conditions that may apply, visit that merchant’s Website or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase of any of our Products and Services.
If paying by Stripe, PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for purchases without any additional authorization, for which you will receive an electronic receipt. Should you be provided with an invoice, you are required to manually pay it by the date due on the invoice or your purchase will be put on hold until payment is made.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise your order will not continue.
We do not offer credit and payments must be made in full before work can commence.
We do not offer refunds and we do not tolerate or accept any type of chargeback threat, reversal of payment, payment cancellation, or claim from your credit card company, PayPal, financial institution or any other payment service.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on our Website, Products and/or Material, you agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
If you cannot attend your scheduled Coaching and Consultancy session or any other Appointment made in advance, it can be rescheduled to another mutually-convenient time if you contact us at least 24 hours in advance. Rescheduling requests with less than 24 hours notice cannot be met and you will forfeit that session and the session fee.
If you miss or are unable to attend your appointment without providing at least 24 hours notice, the session will be forfeit and a reschedule is not possible. Our work is timetabled to manage the needs of all our clients and for this reason, we do not offer make-up sessions for “no-shows” or missed Appointments.
Your satisfaction with your Product and Service is important to us. Yet, because of the extensive time, preparation and care that goes into creating and providing these products and services, many of which are bespoke, we have a firm no refund policy. Unless, otherwise provided by law, you acknowledge that we do not offer refunds, neither in full nor in part. By purchasing from us, you understand and agree that all sales are final, and no refunds will be provided.
You have the right to terminate your participation in any of our Products and Services by contacting us in writing. You understand and agree that termination does not result in either a whole or partial refund being made to you, and that any access to services will be revoked once the termination is processed.
You understand and agree that our Services are priced with respect to our time and expertise, and not by length or satisfaction. While we take great care to deliver Products and Services that meet the goals and objectives we both have agreed at the start, there are no guarantees as to your satisfaction with the outcome, or any other anticipated result. We do not imply, state or guarantee revenue, or any number of sales or conversions you might expect to receive through using any of our Services, or whether you or others will like the Product at the time it is presented to you.
Feedback and Revisions
We maintain contact with you while working on your project and strategic milestones and feedback points are agreed with you at the outset of the project, and these give you opportunitites to provide feedback. You agree to provide timely feedback as requested to ensure the smooth flow and progression of the project.
You understand and agree that if feedback is not provided within the reasonable timeframes mutually agreed at the start of the project, Wednesday Genius reserves the right to terminate or suspend your project since your delays will impact scheduling on other client projects. Where a project is terminated or suspended due to such feedback concerns, no refund or compensation will be issued.
After the work has been completed and delivered to you by us, if you seek revisions to the work, or someone other than you has requested revisions, you may be required to pay additional fees for any revisions. The amount of the fees for revisions may vary based upon our sole discretion and judgment.
In the event of any dispute, we hope to reach an amicable resolution through e-mail correspondence. However, should this not be possible, you agree to seek resolution through an independent mutually agreed arbitrator based in London, UK, which is where Wednesday Genius is located, and the prevailing party shall be entitled to all reasonable legal fees and all costs necessary to enforce the decision of the arbitrator.
Prior to seeking arbitration, you must contact us in writing and include all of your reasons for dissatisfaction. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
- You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
- If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Jessica Barnaby of Suite 113 Maddisson House, 226 High Street, Surrey, CR9 1DF operates the Website https://wednesdaygenius.com.
You can contact Jessica Barnaby t/a Wednesday Genius by email on email@example.com.