Terms of Use
MollyJWilk Online Pastry School
Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using MollyJWilk Online Pastry School membership (hereinafter referred to as the “Program”). The Program and its content are owned by Molly J. Wilk Pastry.
“Company”, “We”, “I”, “Our”, or “Us” means Molly J. Wilk Pastry.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“Program” means MollyJWilk Online Pastry School membership.
“You” or “Your” means the purchaser and person using the Program.
By participating in the Program, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.
By participating in the Program, you understand that Molly Wilkinson is a Le Cordon Bleu Paris trained and certified pastry chef, author of the cookbook, French Pastry Made Simple, and online course pastry instructor.
This Program is for informational and educational purposes only.
Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for the accuracy of the Program’s information, or its safety or efficacy as it applies to you.
You should use your best judgment in using the information provided in the Program, which is done at your own risk. It is your responsibility to discern the risk of using the Program or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Program.
The Program and its content, including, but not limited to, the recipes, teaching method, videos, and guides, are intellectual property owned by Molly Wilkinson of Molly J. Wilk Pastry. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
Any use of the Company’s intellectual property may not be used in connection with the sale or distribution of any product, program, and/or service by you, directly or indirectly, without the prior written consent of Molly J. Wilk Pastry.
Misappropriation or unauthorized use of the Company’s intellectual property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against you in an effort to recover damages and/or protect our intellectual property rights. The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its intellectual property by the Purchaser, the Purchaser’s representatives, assigns, contractors, employees, or acquaintances.
You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Program. We are not responsible for the success or failure of your business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Program.
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.
To the fullest extent permitted by law, Molly J. Wilk Pastry expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Molly J. Wilk Pastry from any and all claims.
By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Molly J. Wilk Pastry, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Molly J. Wilk Pastry as stated in this section herein.
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Program, refunds will not be issued for the Program once it is purchased unless requested within the first 30 days of your initial purchase of the Program.
To qualify for consideration of this refund, the Client needs to email the Molly J. Wilk Pastry team at contact@mollyjwilk.com within 30 days of the Client’s initial purchase into the Program. The refund applies to monthly and yearly subscriptions.
If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Molly Wilkinson at contact@mollyjwilk.com.
The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
If you have any complaints or should any issues arise in the use of the Program, please contact us directly first by emailing Molly Wilkinson at contact@mollyjwilk.com.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Molly Wilkinson of Molly J. Wilk Pastry shall submit your dispute to binding arbitration with the ICC International Court of Arbitration, before an arbitrator that is mutually agreed upon, in accordance with the ICC international Court of Arbitration “ICC”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 100 miles of Versailles, France.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in Paris, France. The only award that can be issued to you is a refund of any payment made to Molly J. Wilk Pastry for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.
Molly Wilkinson and Molly J. Wilk Pastry are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
When you pay for the Program by credit card, you authorize and give permission to Molly J. Wilk Pastry to charge your credit or debit card for the amount owed for payment of the Program as a subscription, either monthly or yearly on the day the initial purchase was made each month or year. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant PayPal, Stripe, SamCart (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Molly J. Wilk Pastry is not responsible for the merchant’s independent policies or practices.
The Program is charged via a subscription (hereinafter the “Subscription”). You are hereby consenting to your credit card being automatically charged 30 days apart if you choose a monthly subscription, or 365 days apart if you choose a yearly subscription. The Subscription automatically renews every month or year unless the Client emails to terminate the Subscription.
You hereby authorize and give permission to Molly J. Wilk Pastry to automatically charge your credit card, debit card, or PayPal account, as payment for the Program, for which you will receive an electronic receipt in your Customer Hub, at the time and interval in which payment is due without any additional authorization from you.
We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Subscription.
By choosing the Subscription, you agree and understand that ALL monthly and yearly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.
By signing up for the payment plan, your card will automatically be re-charged 30 days apart for monthly subscriptions, or 365 days apart for yearly subscriptions. Please plan accordingly.
If your subscription payment fails on the 1st attempt:
In the event that your Subscription payment is not successfully made on your due date, your credit card will automatically be re-charged after a one (1) day grace period to make your payment for the Program.
If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 1-day grace period to update your card information without any penalty or losing access to the Program.
After 2nd failed payment:
Your access to the Program will be temporarily suspended and you will not be able to access the Program at all until you successfully complete your payment. We will attempt to re-charge your credit card in 3-days.
After 3rd failed payment:
Your access will still be suspended, pending your successful completion of your owed late payment. In 5-days, we’ll attempt to charge your card.
4th and final attempt to make payment:
The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 4th payment fails, you will be permanently removed from the Program and no refund will be given.
Your monthly or yearly subscription will continue unless the Client notifies Molly J. Wilk Pastry via email at (contact@mollyjwilk.com) that you would like to cancel it. The Subscription can be cancelled at any time for any reason by the Client.
When the Client emails to cancel the Subscription, Molly J. Wilk Pastry will stop all further payments within 2 business days of receiving the cancellation email from the Client. If a payment is processed between reception of the email and the time that it takes for Molly J. Wilk Pastry to stop payments, the client will be notified and asked if they would like this to be refunded.
Access to the Program after cancellation continues until the end of the Clients payment cycle. For example, if the Clients payment was processed on March 5th and is cancelled on March 10th, the Client has access until April 5th if they are on the monthly subscription or March 5th of the following year if they are on a yearly subscription.
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.
These Terms of Use shall be governed by the laws of France. Any action brought by any party arising out of or from these Terms shall be brought within the city of Versailles, Country of France.
By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.
If you have any questions about the Terms of Use, please contact Molly Wilkinson at contact@mollyjwilk.com. Thank you.