Last updated August 17, 2023
Introduction
Welcome to the Wednesday Genius website (“Website”). By accessing and using this Website, you agree to comply with these terms and conditions (“Terms of Use”). Please read these terms carefully as they affect your legal rights.
Changes to Terms
We reserve the right to change these Terms of Use from time to time without notice. By using our Website, Products and Services, you are agreeing to the Terms of Use as they appear. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using this website immediately.
Consent to Additional Policies
By using our Website, Products and Services, you agree to our Privacy Policy, Cookie Policy, and Disclaimer, and other terms and conditions that may apply.
Ownership and Definitions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
The “Website” refers to https://wednesdaygenius.com, (including any sub-domains, unless expressly excluded by their own terms and conditions)
References to “we,” “us,” and “our” refer to Wednesday Genius, owned by Jessica Barnaby.
The content provided on this website is intended exclusively for educational and informational purposes. Usage of this content for commercial intentions is strictly prohibited unless explicit written consent has been obtained. This constraint extends to all elements of the content, including text, graphics, artwork, code, and any other materials provided. Your access and utilization of the content indicate your acknowledgment of these terms and your commitment to refraining from employing the content for any form of commercial gain.
“Products” and “Services” encompass paid or free offerings, including Website content, newsletters, information products and all creative services that are not covered under a separate client contract. These are provided for educational purposes and are not permitted for commercial use or to earn money unless explicitly licensed.
“Products” and “Services” include:
- “Technical Development Services”: web development and programming services, which involve the creation, enhancement, and maintenance of digital applications and websites.
- The “Code”: refers to the computer programming instructions, scripts, and algorithms that we create or co-create with you to enable digital functionalities for your business. This code can be applied on your own website, within web applications, software, or any digital platform for business or commercial purposes, or in any manner that generates revenue, such as through e-commerce transactions, subscription models, or digital advertising.
- “Collaborative Sessions”: technical development discussions, recorded for documentation but not for commercial use.
- “Collaborative Development Services”: jointly created Code or Digital Solutions that you can use for commercial purposes.
- “Copy Services”: copywriting and editing, including coaching sessions.
- The “Copy”: written or spoken text created for various business purposes.
- “Artwork”: sketches, drawings, painting, illustrations, digital designs, web graphics, and any graphical piece, digital or otherwise, not for commercial use unless licensed.
- “Ghostwriting Services”: produced Copy or Artwork that you may use commercially.
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
- All content on the Website is protected by copyright and intellectual property rights. You may use content for personal use only, not for commercial purposes, without our written permission. 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
Prohibited use
You agree not to use the Website for harmful, unlawful, or objectionable purposes.
License
Unless stated otherwise, we own the intellectual property rights to all content. You’re granted a revocable, non-transferable license for personal, non-commercial use only.
User Comments
Certain Website sections permit users to post and exchange opinions, information, and data (“Comments”). Comments reflect users’ views, not Wednesday Genius’. We’re not liable for Comments and retain the right to remove inappropriate or offensive ones.
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 and the inclusion of a link does not imply endorsement.
- 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 linked website remains available or that the material on that website is kept up to date.
Earnings Disclaimer
Results from our Products and Services may vary. We don’t guarantee specific outcomes or income.
Personal Responsibility and Assumption of Risk
Using our Products and Services is at your own risk. We’re not liable for your actions or results.
Website Availability and Disclaimers
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 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
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 and affiliates from damages related to Product and Service purchases.
By paying via Stripe, PayPal, debit, or credit card, you allow automatic charges and agree to pay invoices on time.
Refund Policy
- Services and Downloads: We do not offer refunds for services rendered or digital downloads, including but not limited to software, ebooks, templates, and other digital content. Once these services or downloads have been provided or accessed, they are considered non-refundable.
- Products: For physical products, we offer a 14-day refund policy from the date of purchase. If you are not completely satisfied with your purchase and wish to return a product for a refund, please email hello@wednesdaygenius.com
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.
Feedback and Revisions
We maintain contact during your project, with agreed-upon milestones and feedback points. Timely feedback is crucial for project progression. Failure to provide feedback within mutually agreed timeframes allows Wednesday Genius to terminate or suspend your project, affecting scheduling. Where a project is terminated or suspended due to such feedback concerns, no refund or compensation will be issued.
If revisions are requested by you or others once the project has been completed, additional fees may apply.
Dispute Resolution
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 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.
General
- 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.
- These terms and conditions together with the Privacy Policy and Cookies Policy and Disclaimer contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
- 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.
Contact details
You can contact Jessica Barnaby t/a Wednesday Genius by email on hello@wednesdaygenius.com.
