GREENER GIFTING GANG MEMBERSHIP - TERMS AND CONDITIONS
Greener Gifting Gang Membership Terms and Conditions
The following terms and conditions for purchases of our Greener Gifting Gang Membership (the “Greener Gifting Gang Membership Terms & Conditions") are entered into between you, our customer (referred to as "you" or "your"), and Eve Cale - Giftwrapped by Eve, a business located at 9 Barn Owl Road, Chippenham SN14 6XL (referred to as "Eve Cale”, "we", "our", or "us").
The Greener Gifting Gang Membership
Eve Cale provides an online Greener Gifting Gang Membership for gift product makers and sellers to help them market and sell their products as gifts which is a “Greener Gifting Gang Membership”. As a condition of purchasing and using the Greener Gifting Gang Membership, you agree to be bound by these Greener Gifting Gang Membership Terms & Conditions.
Legal terms that apply to your purchase
Our Website Terms of Use and Privacy Policy form part of these Greener Gifting Gang Membership Terms & Conditions, and they also apply to any purchase you make from us.
If there is any inconsistency between any of those agreements and/or policies and these Greener Gifting Gang Membership Terms & Conditions, these Greener Gifting Gang Membership Terms & Conditions will take precedence.
For example, if our general refund policy is a certain number of days, and you see a different number of days in the refund policy in these Greener Gifting Gang Membership Terms & Conditions, you can be sure that the refund policy you see here applies to your Greener Gifting Gang Membership purchase.
Minimum age for purchase
Our products are intended to be purchased by individuals over the legal age of adulthood (which happens to be 18 years old in most places in the world).
If you are not a legal adult, you must only make purchases from our site with the consent of a responsible adult.
Our relationship with you
When you purchase a Greener Gifting Gang Membership, Eve Cale agrees to provide you with access to the Greener Gifting Gang Membership, which is an educational and informational resource. The information contained in the Greener Gifting Gang Membership, including any interactions with our staff or contractors, is not intended as, and shall not be understood as, professional advice.
Nothing in these Greener Gifting Gang Membership Terms & Conditions forms any partnership, joint venture, employment, or agency relationship between you and Eve Cale.
Payment required for access
By purchasing the Greener Gifting Gang Membership, you understand and acknowledge that you are entering into a legally binding contract with Eve Cale, which requires you to pay the fees in full in exchange for access to the Greener Gifting Gang Membership.
You will only be allowed to use the Greener Gifting Gang Membership when we receive payment in full, or the first instalment of your selected Greener Gifting Gang Membership/subscription.
Due to the nature of online payments, your payment may appear as “pending” or a similar status for several days. As a gesture of good faith, we provide access immediately when you make a payment, but if the payment then fails, we may revoke your access immediately without notifying you.
By making a payment online with your credit or debit card, you give us permission to automatically charge your payment method for the amounts specified on the Greener Gifting Gang Membership purchasing page. You also give us permission to share your payment information and instructions required to complete any and all payments in the transaction with our third-party payment providers.
Payment Authorisation
By purchasing a subscription-based Greener Gifting Gang Membership which requires recurring payments, you agree to all of the following:
a) You authorise Eve Cale to charge your payment method automatically for each subsequent payment without further authorisation or notice to you (unless required by law).
b) You understand that it is your responsibility to ensure that the payment method we have on file for you is valid for the duration of the payments you have committed to in any subscription you wish to maintain. If your payment method becomes invalid before completing all payments in the payment plan, you must provide an alternate payment method before your next payment is due by writing to us at eve@giftwrappedbyeve.com
Consequences of failed payments
In the event any payment fails or is not made by the due date, your access to the Greener Gifting Gang Membership and the Online Community will be immediately suspended, and any rights or licenses to use the Greener Gifting Gang Membership and related materials will be revoked immediately.
If your failure to make a payment on time results in the suspension of your access which causes you to miss out on any live calls or presentations, you will not be entitled to any reduction in the Greener Gifting Gang Membership fees or any refund.
By agreeing to these Greener Gifting Gang Membership Terms & Conditions, you acknowledge that these are fair and reasonable consequences for failed and/or missed payments.
Refund Policy
We want you to be satisfied with your purchase. For this reason, we offer the following “Show Your Work” refund policy.
If you are not satisfied with your purchase and would like to request a refund, you can email us at eve@giftwrappedbyeve.com within 30 days of the purchase date, and if you have met the conditions of our refund policy, we will give you your money back.
Our policy is in addition to any legal rights you may have through legislation that applies to your purchase. If you believe that a law in your geographic area entitles you to a refund outside of what is permitted by this policy, please contact us at eve@giftwrappedbyeve.com. We will verify our legal obligations, and if required, we will provide you with a refund.
What is included with your Greener Gifting Gang Membership purchase
As part of the Greener Gifting Gang Membership, Eve Cale will provide the following:
Access and access instructions
You will receive an email with instructions on how to access the Greener Gifting Gang Membership shortly after your purchase.
You will have access to the Greener Gifting Gang Membership from the date of your purchase (the “Start Date”).
We will maintain your access to the Greener Gifting Gang Membership via a digital platform, and your login details will be provided in the instructions email (the “Platform”).
Access for a set time period
Your purchase of the Greener Gifting Gang Membership comes with access for a set time period, which is the time period specified on the purchasing page at the time of your purchase.
If the location or method of access to the Greener Gifting Gang Membership or the Platform changes, you will be notified and be provided with instructions for how to access the Greener Gifting Gang Membership at its new location.
The Online Community
We will maintain an online community that you will optionally have access to as a customer of the Greener Gifting Gang Membership (the “Online Community”), which will be available to you from the Start Date.
The Online Community provides a forum for you to connect with other Greener Gifting Gang Membership customers and to seek guidance and support. We will seek to interact with Greener Gifting Gang Membership participants in the group, but we do not make any guarantees about participation by us or other members.
You are required to abide by all rules posted in the Online Community. If you do not follow the rules, you will lose your right to participate in the Online Community, and you will not receive any discount or refund.
Live group sessions
Participating in 2 monthly live sessions is included with your Greener Gifting Gang Membership purchase.
Each of the sessions will take place on the date/time specified by email, in the Facebook and WhatsApp groups.
The sessions will take place via an online platform (such as Zoom). These are group sessions, and there may be other attendees besides you.
Each session is scheduled for 45-60 minutes. If you join a session late, it will still end at the scheduled time, meaning you’ll get less than the full allocated time. You will not receive any refund if you join late and do not benefit from the full scheduled time.
Rescheduling/cancelling if you cannot attend a live sessions
You do not have any option to reschedule a group session.
If you don’t attend a session, then that session will be considered used, and you will not be entitled to a replacement or refund.
We may reschedule a group sessions if we are unable to deliver it due to unforeseen circumstances. If we need to reschedule, we will do our best to let you know at least 24 hours in advance. However, sometimes that will not be possible, and we may reschedule on shorter notice. We will make an effort to ensure that the rescheduled date/time is at a suitable date/time for as many participants as possible.
If you are unable to attend live, you will still have access to the recording (see details below). No refund or discount will be given if you don’t attend live.
Access to the recordings of the live sessions
Each session will be recorded (with the exception of networking sessions known as The Gift Connection). Instructions for accessing the recording will be sent to you following each session you attended (or were scheduled to attend, if you failed to show up live). You will have access to the recordings while you are a member of Greener Gifting Gang.
Downloadable materials
You may receive downloadable materials (which may be PDF, docx, video, audio, or any other format) as part of the Greener Gifting Gang Membership. The downloadable materials are yours to use and keep, subject to the licenses granted in these Greener Gifting Gang Membership Terms & Conditions.
Bonuses
From time to time, Eve Cale may offer bonuses to those who purchase a Greener Gifting Gang Membership. You are entitled to any bonuses offered to you at the time of purchase. The details of those bonuses as well as any specific requirements or conditions of use will be made clear to you on the checkout page and/or in your email confirmation.
Renewals of the Greener Gifting Gang Membership
Your Greener Gifting Gang Membership auto-renews for equal periods until you cancel.
Your Greener Gifting Gang Membership period is the length indicated at the time of your purchase. We may occasionally have offers for different lengths of Greener Gifting Gang Membership periods, which you can choose from. Therefore, the length of your Greener Gifting Gang Membership period may be different from other customers, and you should check your purchase confirmation for the exact length.
Your renewal price will always stay the same for each Greener Gifting Gang Membership period until you cancel. We promise not to increase your Greener Gifting Gang Membership price as a reward for your loyalty, as long as you continue to renew.
Cancelling your Greener Gifting Gang Membership
You may cancel your Greener Gifting Gang Membership by emailing us at eve@giftwrappedbyeve.com
Your cancellation will apply at the end of your current Greener Gifting Gang Membership period, at which time you will lose all access to the Greener Gifting Gang Membership. All licenses and entitlements will also end upon cancellation unless stated otherwise in these Greener Gifting Gang Membership Terms & Conditions or agreed with us in writing.
Please note that you must cancel at AT LEAST 5 WORKING DAYS before the end of your current Greener Gifting Gang Membership period in order for the cancellation to apply before your next renewal. If you do not provide this minimum notice of cancellation, you will be billed for the renewal, and your cancellation will only take effect at the end of your NEXT Greener Gifting Gang Membership period. You will not be refunded if your Greener Gifting Gang Membership renews as a result of your failure to give the minimum notice period stated here.
If you cancel your Greener Gifting Gang Membership, you will lose your guaranteed renewal price. If you choose to re-purchase the Greener Gifting Gang Membership at a later date, you can do so at whatever the current price is at that time.
We know things happen, and financial difficulties or life circumstances arise, so we want to give you the flexibility to come back to us at your locked-in price. Therefore, if you cancel your Greener Gifting Gang Membership and decide to re-join within 3 months of your cancellation date, you may re-join at your previous price point and keep it for future renewals. However, if you do not re-join within this period, you will lose your locked-in price forever.
Intellectual property
All content included as part of the Greener Gifting Gang Membership, in any format, and any software used in delivering the Greener Gifting Gang Membership, is the property of Eve Cale (or our suppliers) and is protected by copyright and other intellectual property legal protections.
Your purchase and use of the Greener Gifting Gang Membership does not result in a transfer of any intellectual property to you. As a condition of your use of the Greener Gifting Gang Membership, you agree to observe and abide by all copyright and other intellectual property laws.
You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our intellectual property except as specifically allowed by these Greener Gifting Gang Membership Terms & Conditions or with prior written consent from us.
Licence
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Greener Gifting Gang Membership, including all content and resources contained within the Greener Gifting Gang Membership for your own business's use to achieve the outcomes set out on the Greener Gifting Gang Membership's purchasing page (the “Purpose”).
You agree that you will not modify, publish, transmit, reverse engineer, transfer, create derivative works, or in any way exploit any of the content, or any part of the content, found in the Greener Gifting Gang Membership, except to the extent required to fulfil the Purpose. You also agree that you will not use your access or any part of the content in order to compete with Eve Cale or to harm our business prospects or relationships.
Our content is not for resale. You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use or your business’s use to achieve the Purpose. You will not use the content in any other way without our specific written permission.
You understand that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property except as specified in these Greener Gifting Gang Membership Terms & Conditions.
You also agree that any infringement of intellectual property rights will result in an immediate termination of the licence with no refund.
If you violate the terms of this license, your access to the Greener Gifting Gang Membership , the Online Community, and any other related content will be terminated immediately, and you are not entitled to any refund (in part or in full).
Furthermore, if you violate this license by giving or selling a copy of our content to anyone other than a licence holder, sharing your account with anyone other than a licenceholder, or if you imply that anyone who gets access to our content has the right to use it for his/her/its commercial purposes, we reserve the right to invoice you for the licences you have gifted or sold to others.
Confidentiality
Eve Cale respects the privacy of its customers and will not disclose any Confidential Information you provide except as described in these Greener Gifting Gang Membership Terms & Conditions.
“Confidential Information” is any information about a person or business which is not generally available to the public and that a reasonable person would consider to be confidential. This includes, but is not limited to:
a) information you share with us about yourself, your contact details, and your payment information;
b) the Greener Gifting Gang Membership materials, in whatever format they are provided;
c) information about business strategies, operations, financials, marketing plans, methods, forms, processes, templates, and future plans; and
d) information about customers, including their personal details and situations.
Due to the nature of the content in the Greener Gifting Gang Membership, you will be exposed to Confidential Information belonging to both Eve Cale and other Greener Gifting Gang Membership customers.
As a condition of using the Greener Gifting Gang Membership, you agree to protect the Confidential Information and not share it with anyone else outside the Online Community unless specifically allowed by these Greener Gifting Gang Membership Terms & Conditions or you have our written permission to do so.
You also acknowledge that you may be exposed to certain sensitive personal information that must be treated with special care, security, processing procedures, and/or other legal and regulatory requirements in your jurisdiction, and you are responsible for complying with any such local legal or regulatory requirements with respect to that information.
Your Confidential Information may be shared with our staff, sub-contractors, and/or third party providers only to the extent necessary in order to provide the best services to you. If we do have to share your Confidential Information for this purpose, we will ensure that any person to whom it is disclosed also stores and treats the Confidential Information with the appropriate level of security and secrecy.
Personal Responsibility
By using the Greener Gifting Gang Membership, you accept personal responsibility for the results of your actions. You agree that Eve Cale has not made any guarantees about the results of taking (or choosing not to take) any action, whether recommended in the Greener Gifting Gang Membership or not. Eve Cale provides educational and informational resources in the Greener Gifting Gang Membership that are intended to help you. However, you recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Eve Cale.
You also recognise that prior results do not guarantee a similar outcome. Therefore, the results obtained by others, whether they are current or past customers of the Greener Gifting Gang Membership or otherwise, do not guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Greener Gifting Gang Membership. You agree to use your judgement and conduct due diligence before taking any actions or implementing any plan or policy suggested or recommended in the Greener Gifting Gang Membership.
Materials & information provided by you
You own all of the information or materials (including comments, questions, feedback, suggestions, and testimonials) you may provide during use of the Greener Gifting Gang Membership or post, upload, input, or submit on any platform or social media (collectively, the “Contributions”). Eve Cale will never claim ownership of these Contributions which belong to you.
However, by posting, uploading, inputting, providing, or submitting your Contributions, you are granting Eve Cale, our affiliated companies, and our sub-licensees permission to use your Contribution in connection with the operation of their businesses including the rights to:
a) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Contribution (or any part of the Contribution); and
b) to publish your name, your image, and your business name and logo (if applicable) in connection with your Contribution.
In other words, Eve Cale has the right to include your Contributions – including any audio or video recordings of you participating in or contributing to the Greener Gifting Gang Membership (if applicable) – in the Greener Gifting Gang Membership, other similar Greener Gifting Gang Memberships, and marketing materials going forward.
No compensation will be paid for the use of your Contributions in accordance with the rights granted in these Greener Gifting Gang Membership Terms & Conditions. Eve Cale is under no obligation to post or use any Contributions you may provide and may remove any Contributions at any time at Eve Cale’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Contributions you warrant and represent that you own or otherwise control all of the rights to your Contributions.
Eve Cale will never use any Contributions in a way that harms your business prospects or reputation. If any Contribution includes the identifiable personal information of an individual other than you, Eve Cale will anonymise that portion before publishing any Contribution.
Technology and availability
Your use of the Greener Gifting Gang Membership and any associated services may sometimes be subject to interruption or delay.
Due to the nature of the Internet and electronic communications, we and our service providers cannot guarantee that our websites, platforms, emails, or any associated services will be error free, without interruption or delay, or free from defects in design.
We will not be held responsible if our websites, platforms, or the services supplied through them become unavailable, interrupted or delayed, or cause technical difficulties or glitches, regardless of the reason.
NO WARRANTIES
THE GREENER GIFTING GANG MEMBERSHIP, INCLUDING ALL CONTENT AND RESOURCES CONTAINED WITHIN THE GREENER GIFTING GANG MEMBERSHIP, IS PROVIDED TO YOU “AS IS.”
To the fullest extent allowed by the law, we make no promises (aka warranties) ABOUT THE GREENER GIFTING GANG MEMBERSHIP, whether express, implied, or statutory. THIS includES (but IS not limited to) WARRANTIES about: BEING MARKETABLE, fitness for a particular purpose, or non-infringement OF THIRD-PARTY RIGHTS.
We do not promise (aka warrant) that the GREENER GIFTING GANG MEMBERSHIP will meet your specific requirements, that IT will be error-free, or that IT will always be available.
LIMITATION OF LIABILITY
YOU AGREE THAT EVE CALE IS NOT LEGALLY OR FINANCIALLY RESPONSIBLE FOR ANY LIABILITY OR LOSS YOU SUFFER RELATED TO ACCESSING OR USING ANY PART OF THE GREENER GIFTING GANG MEMBERSHIP OR ANY INFORMATION/RESOURCES CONTAINED IN IT.
YOU ALSO AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY THE LAW, WE ARE NOT LIABLE FOR ANY KIND OF DAMAGES, INCLUDING BUT NOT LIMITED TO: DIRECT, INDIRECT, SPECIAL, PUNITIVE INCIDENTAL, FAIR, OR CONSEQUENTIAL LOSS OR DAMAGES RELATED TO YOUR ACCESS OR USE OF THE GREENER GIFTING GANG MEMBERSHIP (SUCH AS LOSS OF USE, DATA, OR PROFITS AS WELL AS DELAYS OR INABILITY TO USE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS).
YOU UNDERSTAND THAT ACTS OR NON-ACTS OF THIRD PARTIES ARE OUTSIDE OF OUR CONTROL, AND WE DO NOT ACCEPT ANY LIABILITY FOR SUCH CIRCUMSTANCES, EVEN IF THEY AFFECT YOUR ABILITY TO ACCESS/USE THE GREENER GIFTING GANG MEMBERSHIP.
NOTHING IN THESE GREENER GIFTING GANG MEMBERSHIP TERMS & CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT REPRESENTATION, OR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW IN YOUR JURISDICTION. HOWEVER, YOU AND EVE CALE BOTH ACKNOWLEDGE THAT SUCH A CIRCUMSTANCE IS HIGHLY UNLIKELY GIVEN THE NATURE OF THE GREENER GIFTING GANG MEMBERSHIP.
IF YOU ARE NOT SATISFIED WITH THE GREENER GIFTING GANG MEMBERSHIP OR ANY PORTION OF IT, YOUR ONLY OPTION IS TO STOP USING THE GREENER GIFTING GANG MEMBERSHIP. IN THIS CASE, NO REFUND OR REBATE WILL BE GIVEN EXCEPT IF YOU CORRECTLY USE THE REFUND POLICY IN THESE GREENER GIFTING GANG MEMBERSHIP TERMS & CONDITIONS.
Compensation for wrongdoing (aka indemnities)
You agree to indemnify, defend, and hold harmless Eve Cale, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable legal fees) arising from:
a) your use of or inability to use the Greener Gifting Gang Membership and related services,
b) any Contributions made by you,
c) your violation of any terms of these Greener Gifting Gang Membership Terms & Conditions,
d) your violation of any rights of a third party, or
e) your violation of any applicable laws, rules, or regulations.
Termination and access restriction
Eve Cale reserves the right to terminate your access to the Greener Gifting Gang Membership and any related services at any time if:
a) you become disruptive or abusive to Eve Cale staff;
b) you fail to follow the Greener Gifting Gang Membership guidelines, rules, or any other reasonable instructions from Eve Cale; or
c) you otherwise violate these Greener Gifting Gang Membership Terms & Conditions.
You will not be entitled to a refund of any portion of the fees if we terminate your access for any of these reasons.
Entire agreement
These Greener Gifting Gang Membership Terms & Conditions, along with any agreements and policies incorporated by reference, contain the full agreement between you and us regarding your Greener Gifting Gang Membership purchase.
Any previous written or spoken agreements, promises, information, or understandings between us on this topic are not valid unless they are specifically mentioned in these Greener Gifting Gang Membership Terms & Conditions.
A printed version of these Greener Gifting Gang Membership Terms & Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Greener Gifting Gang Membership Terms & Conditions and will be treated the same as documents originally generated and maintained in printed form.
Interpretation
Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine (and vice versa). Headings in these Greener Gifting Gang Membership Terms & Conditions are for convenience only and do not affect their interpretation.
Severability
If any part of these Greener Gifting Gang Membership Terms & Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, then the rest of the Greener Gifting Gang Membership Terms & Conditions will not be affected.
If this occurs, you agree to substitute the affected portion with a valid alternative that has the same effect as would have originally been achieved (to the extent possible).
No Waiver
If we delay or choose not to enforce or exercise any term of or any right under these Greener Gifting Gang Membership Terms & Conditions, we do not waive our rights. We can enforce/exercise it later.
Delays/failures beyond our control
We won't face legal or financial penalties if we're delayed or unable to fulfil our legal obligations because of circumstances beyond our control (these are “Circumstances Beyond Our Control”).
Circumstances Beyond Our Control include, but are not limited to, acts of God, natural disasters, governmental actions, terrorist threats or acts, civil unrest, national emergency, epidemic, lock-outs, labour disputes, materials or telecommunication breakdown, and power outage.
Eve Cale is a small business with limited staff. Any illness affecting one or more of our staff members that prevents the effective day-to-day running of the business is also considered a Circumstance Beyond Our Control.
If a Circumstance Beyond Our Control affects our ability to meet our obligations under these Greener Gifting Gang Membership Terms & Conditions, we will notify you as soon as possible. Any dates/deadlines will be extended by however long the Circumstance Beyond Our Control lasts.
The date this contract applies from
These Greener Gifting Gang Membership Terms & Conditions will apply and be enforceable with respect to each Greener Gifting Gang Membership purchased by you from the date that you initially purchase that Greener Gifting Gang Membership.
Dealing with disputes
You give up any current or future claims relating to your purchase, access, and use of the Greener Gifting Gang Membership.
If there is any disagreement about the Greener Gifting Gang Membership or these Greener Gifting Gang Membership Terms & Conditions, you and Eve Cale both commit to resolving it through discussion and negotiation. Legal action can only be taken if honest efforts to resolve the issue fail.
The laws of England apply to interpreting and enforcing these Greener Gifting Gang Membership Terms & Conditions, and any legal action must only be started in the courts of England.
Changes to these Greener Gifting Gang Membership Terms & Conditions
We may make changes to these Greener Gifting Gang Membership Terms & Conditions without informing you. If we update, amend or make any changes to these Greener Gifting Gang Membership Terms & Conditions or any documents or policies referred to in them, those changes will be posted on the website.
Contacting us
For any questions, comments, or concerns regarding these Greener Gifting Gang Membership Terms & Conditions or any purchase, please contact us at eve@giftwrappedbyeve.com