Terms of Service

This website is operated by . Throughout the site, the terms “we”, “us” and “our” refer to Softpunki Limited. 

Any new features or tools which are added to the current shop shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. These terms and conditions do not in any way affect your Statutory Rights.

Our shop is hosted on Siteground and developed with WooCommerce and WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

General Website Terms:

  • By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
  • If you do not agree to these terms, you must not use our site.
  • This website is for use by people who are 18 years and over only.
  • The prices and availability of the goods, services and promotions advertised on the Website are all subject to change and availability.

Accuracy of Information:

  • The content on our site is provided for general information only. You must obtain professional advice before taking, or refraining from, any action on the basis of the content on our site.
  • Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, that the content on our site is accurate, complete or up to date.
  • We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.
  • We will attempt to limit the frequency and duration of any such suspension or restriction.

Third-Party Products / Partners / Links to other sites

  • Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. 
  • We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. 
  • We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. 
  • You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. 
  • Your linking to any other off-site resources is at your own risk.

We are not responsible for viruses:

  • We do not guarantee that our site will be secure or free from bugs or viruses.
  • You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

Personal Information:

  • Your submission of personal information is governed by our Privacy Policy. Please view our Privacy Policy.

Site access:

  • You may not download or modify the website, or any portion of it, except with express written consent. 
  • You may not resell or commercially use this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. 
  • This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. 
  • We reserve the right to refuse service to anyone for any reason at any time. 
  • A breach or violation of any of the Terms will result in an immediate termination of your Services.

Modifications:

  • Prices are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
  • We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We have made every effort to display as accurately as possible. 
  • We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. 
  • All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. 
  • We do not warrant that the quality of any services, information, or other obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Errors:

  • Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  • We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Comments submitted on blog:

  • We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  • We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 
  • You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. 
  • You are solely responsible for any comments you make and their accuracy. 
  • We take no responsibility and assume no liability for any comments posted by you or any third-party.

Customer Terms:

Any contract/business entered into by Softpunki Limited with any other party (will be referred to as the Customer/Client) is subject to the general terms and conditions laid out in this document.  All orders and commissions for services will be taken as an offer by the customer to purchase and will be subject to these terms and conditions. Orders and commissions will be agreed in writing in the form of email, contract or letter.

Customer’s Obligations

The customer will be required to make available information to facilitate Softpunki Limited carrying out the service required- this information will be provided in a timely manner and will not be disclosed to any third parties by Softpunki Limited without prior permission from the customer. 

Payment & Pricing Terms

  • Individuals: Payment is required before commencement of the first mentoring session.
  • Online Courses: Payment is required before receiving access to the online courses.
  • Design Services: There is the option to pay in full or 50% of the total cost using Stripe or bank transfer prior to commencement of the service. The remaining 50% will be due on completion of the service (definition of completion of service: completion of service is when the physical work is completed and not when results are seen).

Billing:

  • We respect your privacy and only hold information required to process your orders. The information we ask of you through the checkout process is the minimum required to process your order. 
  • We are asking customer address and payment details as part of billing information only and to process the transaction.
  • We do not hold or store any payment information details, including credit card numbers or bank details.  
  • We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. 
  • In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

Design Services, Consultations, Mentoring:

  • 50% non-refundable payment of total quote is required prior to commencement of work.
  • Payment will be due on receipt of the invoice.
  • All quotes are valid until the date published in the quotation and upon placing your order you are deemed to have entered into a contract with Softpunki Limited and to have accepted our terms and conditions and the rates and fees as set out on the relevant quote and/or invoice.  See comments above with respect to acceptance.
  • Softpunki Limited reserves the right to charge extra for additional work/services required.  
  • No party shall be liable for any default due to any act of God, telecommunications delays, shortages or outages, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation direction or other circumstance beyond the reasonable control of either party (“Force Majeure Event”)

Online Courses Terms:

  • You agree not to reproduce, duplicate, copy or re-sell any part of our site.
  • Refunds: Transparency is a core value of Softpunki Limited, we put a lot of effort into an accurate representation of the course experience and we are happy to answer your questions in advance. Because our products are digital goods that are accessible, once the course begins we do not offer refunds. Thank you for understanding.
  • If you create an account on our Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. 
  • We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. 
  • You must immediately notify us of any unauthorised uses of your account or any other breaches of security. 
  • We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. 
  • We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. 
  • If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Law

The contract between Softpunki Limited and the Customer of which these Conditions form part shall be governed by the laws of the Republic of Ireland and both parties agree to the exclusive jurisdiction of the courts of Ireland. This will not prevent Softpunki Limited from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of these terms and conditions in any other jurisdiction throughout the world.

Softpunki Limited reserves the right to edit/change these terms and conditions without prior notice.

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