TERMS AND CONDITIONS
The term “you” refers to anyone who uses, visits and/or views the website. Sheree.co, (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments. It is your responsibility to periodically check the website for updates.
Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.
AGE AND UNITED STATES USE ONLY
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this website, the terms and conditions shall be construed in accordance with the rules and regulations of The United Kingdom.
You agree to consent and submit to the jurisdiction of the state and federal courts located in The United Kingdom without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.
You agree to resolve any disputes or claims first through mandatory arbitration in The United Kingdom and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.
All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.
You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.
You agree not upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is-
(a) illegal, violates or infringes upon the rights of others,
(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law,
(e) any attempts to gain unauthorized access to any portion or feature of the website, and
(f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms and Conditions.
THIRD PARTY LINKS
The website may contain links to third party websites or resources for your convenience. We may serve as an affiliate for some of these third party websites by offering or advertising their products or services on the website; however, we do not own or control these third party websites. Once you click on a third party link and leave this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third party websites. You assume all risks for using these third party websites or resources and any transactions between you and these third party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third party websites or resources.
USE OF OUR PAID AND FREE PRODUCTS
We may offer free products for you to download and also sell paid courses, programs, physical or digital products and any other related materials (collectively, “products”) on this website. We only grant you a limited, personal, non-exclusive and non-transferable license to use all our products for your personal use only.
You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any exploit our products. You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent.
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.
All sales of products and/or services on this website are final. No refunds will be issued. We truly believe in giving more than receiving and each of our products and services is designed by keeping this core principle in mind. The prices are intentionally kept reasonably low in price as compared to market value to give you the tools and information you need at an affordable price.
CANCELLATIONS AND REFUND POLICY
Client agrees that once the Services are rendered to the Client, there will be no refund issued by the Designer. Client agrees that it is the Client’s responsibility to reschedule or cancel services in advance of the scheduled services or meetings. Designer reserves the right to bill Client for a missed meeting or service session unless the Client provides the Designer with a 48-hour cancellation notice.
Designer Fees are not refundable after 24 hours of receiving payment and project details from the Client because design work will begin 24 hours after receipt of such information.
There are no refunds for the services purchased or completed by the Designer. Designer reserves the right, in its sole discretion, to refund any remaining, unused balance and terminate the contract if the Client repeatedly cancels or creates disruption of services.
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
INDEPENDENT CONTRACTOR STATUS
(a) In performing the services hereunder for the Client, the Designer shall be an independent contractor. Nothing contained herein shall be construed to constitute the parties hereto as partners or joint venturers, or either as an agent of the other. The Designer shall not be considered as having an employee status during its consulting engagement and shall not be entitled to participate in any employee plans, arrangements or distributions by the Client during such period. The Designer shall not provide any services under the Client’s name or act as an agent of the Client and shall not hold himself out as an employee of the Client. Under no circumstances shall the Designer (i) enter into any agreements on behalf of the Client, (ii) incur any obligations on behalf of the Client, or (iii) act for or to bind the Client in any way,
(b) Except as otherwise required by law, the Client shall not withhold any sums from the Designer Fees for Social Security or other federal, state or local tax liabilities or contributions, and all such withholdings, liabilities, and contributions shall be solely the Designer’s responsibility.
(c) As an independent contractor during its engagement, the Designer shall be solely responsible for determining the means and methods by which it shall perform the services described herein. All of the Client’s activities under the Agreement will be at its own risk, and it shall have sole responsibility for arrangements to guard against physical, financial, and other risks, as appropriate.
“Confidential Information” means any non-public information that relates to the actual business or research and development of the Client, technical data, trade secrets or know-how, including, but not limited to, research, product plans or other information regarding Client’s products or services and markets therefore, customer lists and customers (including, but not limited to, customers of the Client on whom Designer called or with whom Designer became acquainted during the term of this Agreement), software, developments, inventions, processes, formulas, technology, designs, drawing, engineering, hardware configuration information, marketing, finances, other business information or any other form of proprietary information of Client. Confidential Information does not include information that (i) has become publicly known and made generally available through no wrongful act of Designer or (ii) has been rightfully received by Designer from a third party who is authorized to make such disclosure.
Designer will not, during or subsequent to the term of this Agreement, (i) use the Confidential Information for any purpose whatsoever other than the performance of the services on behalf of the Client or (ii) disclose the Confidential Information to any third party. Designer agrees that all Confidential Information will remain the sole property of the Client. Designer also agrees to take all reasonable precautions to prevent any unauthorized disclosure of such Confidential Information.
Client agrees not to copy or use Designer’s Work Product or Deliverables unless both parties are working together under the terms of this Agreement. Client must keep all the information presented by the Designer confidential and only use it as part of this Agreement.
Client acknowledges that use or disclosure of any Confidential Information in violation of this Agreement will give rise to irreparable injury for which damages alone would not be an adequate remedy. Client understands that any breach of confidentiality and non-disclosure agreement is a material breach of this Agreement. Therefore, in addition to legal remedies available at law or in equity, the Designer shall be entitled to equitable or injunctive relief against the unauthorized use or disclosure of Confidential Information. Designer shall be entitled to pursue all legal remedies as a result of such breach, including but not limited to, damages both direct and consequential. In any action brought by Designer under this Agreement, Designer shall be entitled to recover its attorney’s fees and costs from the Client.
PORTFOLIO USE AND RIGHTS TO DISPLAY THE DELIVERABLES
Client agrees that the Designer retains the display rights in the Services provided to the Client under this Agreement. Designer may incorporate the finished work under the terms of this Agreement for the Client (“deliverables”) as part of the Designer’s portfolio including the right to display the Client’s name and logo. Client shall not be entitled to compensation for such portfolio use and Designer’s right to display the deliverables including Client’s name and logo. As the creator of the deliverables for the Client, Designer may use and showcase the deliverables as part of the Contractor’s portfolio, website, galleries, exhibitions, social media marketing, professional advancement, promotions, and for any business marketing purposes. Both Parties agree that the Client must properly give credit to the Designer as the creator of the deliverables. Client does not have a proactive duty to display the Designer’s name together with the deliverables, but the Client may not mislead others that the deliverables were created by anyone other than the Designer. Designer will not display any other Client’s confidential or non-public work without Client’s prior written consent.
DESIGN DISCLAIMER AND LIMITATION OF LIABILITY
Any design examples displayed on Designer’s website are only shown as examples of what might be possible now or in the future. There can be no assurances as to any particular design outcome based on the use of Designer’s Website. This information is only shared as examples with the Client but it does not serve as a guarantee or promise of any kind for Client results and successes if Client decides to use the same information, reviews, products, services, tips and techniques offered here.
Client agrees not to hold the Designer responsible for any decision-making regarding designs, the success or failure of Client’s personal or business decisions, the increase or decrease of Client’s finances or income level, or any other result of any kind that Client may experience from the information presented by the Designer. Client is solely responsible for design outcomes. Client agrees to hold the Designer harmless for any recommendations made for Client’s interior design projects such as manufacturing imperfections, mislabeled dimensions, shipping issues, out of stock items, late deliveries or any vendor price or product changes. Designer does not confirm product specifications for Client’s designs or logistics of implementation.
Any samples of fabrics, paints, wood or any other materials used in the design plan should be obtained by the Client prior to purchasing where applicable. Electronic Design (AKA eDesign) uses computer correspondence and sourcing for products therefore colors may not be accurately depicted due to altered photography or screen settings on computer monitors or device screens. Client agrees to hold the Designer harmless for any color discrepancies or misinformation provided on the manufacturer or vendor’s website for sizes or colors.
Client is encouraged to perform his or her own due diligence and research before acting upon Designer’s recommendations. Client shall only implement design changes that fit his or her needs and seem reasonable to Client. Client agrees that under no circumstances, the Designer and/or officers, employees, successors, shareholders, joint venture partners or anyone else working with the Designer shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from Client’s use of Designer Services. Client also agrees that not to hold Designer liable for any of Client’s outcomes, successes or failures directly or indirectly related to the information, reports, designs, reviews, products and/or services presented by the Designer.
Client also expressly agrees that Designer and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with the Designer shall not be liable to Client for any damages resulting from 1) any errors or omissions by the Designer, delay or denial of any products or services, failure of performance of any kind, interruption in the operation in the Design Services, , and any other delays in providing the Design Services; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the Design Services; 3) any theft or unauthorized access by third party of Client information from Designer’s website regardless of Designer’s negligence; and 4) any use or misuse of the information, products and/or services offered on Designer’s website.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. Client agrees that Designer provides no express or implied guarantees to Client for the designs presented.
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY THE DESIGNER OR ON DESIGNER’S WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. DESIGNER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED. DESIGNER MAKES NO WARRANTIES THAT ANY DESIGN RECOMMENDATIONS MADE TO THE CLIENT WILL MEET CLIENT’S REQUIREMENTS OR THAT THE INFORMATION PRESENTED WILL BE COMPLETE, CURRENT OR ERROR-FREE. DESIGNER DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
GRANT OF RIGHTS
Client grants the Designer a non-exclusive, worldwide, royalty-free, perpetual irrevocable right and license to reproduce, edit, reformat, publish, broadcast, distribute, sell, live-stream, post design images, Client’s name, videos, recordings, statements, testimonials and mood boards, before and after images of the design project (the “Work”) in all forms and media in relation with Designer’s advertising, publicity, promotional and marketing activities including, but not limited to, those directed to the public and other social media channels, websites, newsletters, emails, commercial products, education, course materials, video footage, sales marketing or any other business purpose.
Client waives the right to inspect, approve or restrict the use of the Work as described herein. Designer also grants the Client a non-exclusive license to display and use the Work on social media as long as proper credit is given to the Designer for the Work.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.
If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
For any questions, please contact us at hello at sheree dot co.