Rachel Davies Mosaics – Membership terms and conditions

These terms and conditions were last updated in August 2023.

Hello - I’m Rachel, of Rachel Davies Mosaics, a mosaic artist based in Dunblane, Scotland. Welcome to my membership terms and conditions!  

These terms explain the terms under which I deliver my membership to you to “you”, the individual, company or legal entity that has signed up to my membership. When I use the term “parties”, I mean both you and me, and you and I are each a “party”.

The membership 

The membership is an online community where you can learn how to create beautiful mosaic pieces, attend interview sessions with my special guests artists, access a library of my training videos and resources, and connect with other members in my private community group. For full information on what’s included in the membership, check out the information page on my website. If you have any questions at all, please don’t hesitate to ask.

The membership is delivered online and hosted by Mighty Networks. You will have access to all resources within the membership hub on Mighty Networks for as long as you have a valid membership.

Term and fees 

The membership is subscribed to on a month by month basis membership, with a minimum term of three months. The membership will start the day that you make payment and will continue until you or I end the membership.

You can choose to pay for 12 months’ membership in full in advance (in exchange for a discount), or by paying monthly. If you choose to pay monthly, then your same payment method will be charged the same amount on or about the same day each month. Where any payments fail, your membership will be suspended until Mighty Networks is able to collect that payment.

All payments are processed and collected by Mighty Network, so you should read their terms and conditions and privacy policy as this will apply to you.

Although this is a monthly membership, it is important to note that you are committing to at least three months’ membership. The earliest you’re able to cancel your membership is three months after the membership starts (as explained below).

Consumer rights

You’ll have access to the membership and all resources made available to you on Mighty Networks from the moment your membership starts. This is known as digital products under consumer legislation, and by signing up to and paying for the membership, you are expressly waiving your right to the 14-day cooling off period you would usually be entitled to under consumer legislation. This means that you won’t be able to change your mind and request a refund once your membership starts, although you can cancel after three months (as explained below).

Cancellation

I’d hate to see you go, but if you would like to end your membership, then you can do this by updating the details in your membership account (or by email, as explained below), provided that you have had a membership for the minimum term of at least three months. 

When you pay for your membership on a monthly basis, no further payments will be taken and your membership will end automatically  at the end of the payment period. 

If you have paid for 12 months’ membership in advance, and you would like to end your membership, you will need to email me at rachel@racheldaviesmosaics.com. Once I have acknowledged your cancellation, you will be refunded a membership fee reflecting the remaining months of your membership as if you had paid for the membership on a monthly basis, and so you will lose access to the discounted membership for paying upfront, less a £60 admin fee to process your refund. Your refund will be made to the same payment method within 14 days of your cancellation. Your access to the membership and all resources within the membership hub on Mighty Networks will end immediately on termination.

It is important for you to remember that by purchasing the membership, you’re purchasing access to the membership area on Mighty Networks and to the resources I make available on it. There are certain resources that you can download and keep, but you won’t have access to any of the recordings after your membership ends.  

Private community group

As part of the membership, you have access to my private community group, where members are encouraged to communicate, share ideas, share photos of their work and keep inspired. 

It is important that this is a place where members always feel supported, are encouraged and treated with kindness. I therefore ask that you are always polite, kind, supportive and respectful to other members. You understand that I’m not responsible for the behaviour, actions, or views of other members, and I only ask that everyone respects the privacy and confidentiality of others.

While I don’t actively engage in the community group 24/7, I do monitor it regularly and I want you to know that your safety and enjoyment is my top priority. If at any time you encounter behaviour that is not in line with the standards you and I expect, please do not hesitate to report it to me. I take these matters seriously and will take appropriate action as needed, which may include removing that member from the group and cancelling their membership without refund.

Intellectual property

I’m a creative and so my intellectual property rights are incredibly important to me. In a nutshell, intellectual property rights means the rights granted to those that create anything, whether it is in trade marks, text content, typographical arrangements, designs, photos, graphics, layouts or anything else. As part of the membership, you will have access to my intellectual property rights. Examples include but are not limited to the training videos available in the membership area on Mighty Networks, the worksheets, guides, designs and anything else I choose to share with you. 

You’re not permitted to copy, sell, transfer, assign, exploit, share, distribute, create derivative works of, sub-license or otherwise make my intellectual property rights available to any third party, whether for commercial or personal purposes. 

In addition to this, I expect that you and other members may choose to share photos or videos of pieces created during the membership with other members in the community. The intellectual property rights in those photos or videos, or anything else, remains with the person that created them and nothing in these terms transfers those intellectual property rights to any other person. However, when you share your photos or videos with the community, you are granting me a non-exclusive, royalty free, non-sublicensable, non-transferable, worldwide licence to share your photos or videos for my own marketing and promotion purposes, and I promise that I will always credit you as the creator. 

You are expected at all times to respect my and other members’ intellectual property rights, and so you are not permitted to share any content you have received from anyone in the community group with anyone else without their consent. 

If you would like to share any other pieces you have created as part of your membership outside of the community group, such as on social media, I’d be grateful if you could tag me in those posts too to help spread the word.

If you breach the restrictions in these terms, your membership will automatically end without refund and I may take legal action against you. 

Disclaimer

As the membership is hosted on Mighty Networks, I rely completely on Mighty Networks being available to ensure you can access the membership, over which I have no control. I therefore can’t guarantee that Mighty Networks will always be available to you and if there’s an outage in their services meaning you can’t access the membership, I won’t be liable to you for this.

Liability

I’m not liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and me.

My total liability to you for all other losses arising out of or in connection with the contract for sale between you and me, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total fees paid to me in the 12 months before the claim arose. 

Except to the extent expressly set out in this section, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

Nothing in these terms seeks to limit or exclude my liability for: (i) death or personal injury caused by my negligence (including that of my employees, agents or subcontractors); (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; (iv) defective products under the Consumer Protection Act 1987; or (v) any other matter in respect of which liability cannot be excluded or restricted by law.

Data protection

Your privacy is important to me. I comply with my applicable data protection legislation, including the EU law retained version of the General Data Protection Regulations ((EU) (2016/679) and the Data Protection Act 2018. If you’re a California resident, I’ll also comply with the Californian Consumer Privacy Act. For more details on how I use your personal information, please check out my privacy and cookie policy

Force majeure

Where an event outside my control occurs, this is a “force majeure event” and includes, but is not limited to, storm, fire, earthquake, an Act of God, a natural disaster, a failure of electricity or power supplies, epidemic, pandemic, government rules, regulations or guidance, or a failure of a third-party supplier to do as they’re contracted to do. 

Where a force majeure event occurs, I’m excused from performance under these terms, and I will not be liable to you for my failure to perform. I’ll use my reasonable efforts to continue my obligations under these terms as soon as I can after the force majeure event has stopped.

Termination by me

Without affecting any other right or remedy available to me, I’m allowed to terminate your membership immediately by giving you written notice if any fees are overdue for an unreasonable amount of time (despite me requesting payment), or if you materially breach these terms. Where I terminate your membership, no refunds will be given.

The legal bit

Notices. Any notices to be served on each other must be sent by email and the time of delivery will be the time of transmission. Please send any notices to me by email to rachel@racheldaviesmosaics.com and I’ll use the email you have given me. If your contact details change, please let me know. This doesn’t apply to the service of legal proceedings, which can’t be emailed. 

Entire agreement. These terms represent the entire understanding and agreement between you and me with regards to the subject matter and formation of these terms, and replaces all other negotiations, understandings, and representations, if any, made by and between you and me. No representation, inducement, promise or agreement, oral or otherwise, if any, not contained in these terms or any other agreement related to these terms and expressly references herein is of any force and effect.

No delay. Delay in exercising a right under these terms won’t take away that right or any other right.

Third parties. No one other than you and I have any right to enforce any provision of these terms and so the Contracts (Third Party Rights) (Scotland) Act 2017 don’t apply to these terms.

Severability. If any provision or part-provision of these terms is or becomes invalid, illegal, or unenforceable, it will be deemed amended to the minimum extent needed to make it valid, legal, and enforceable. If such amendment isn’t possible, the relevant provision or part-provision will be deemed deleted. Any such amendment or deletion won’t affect the validity and enforceability of the rest of these terms.

Governing law and jurisdiction. These terms, and any non-contractual obligations arising under them, are governed by the Scots law. The courts of Scotland have exclusive jurisdiction over any matter and proceedings arising out of these terms.