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TERMS OF SERVICE

Last updated September 10, 2024


AGREEMENT TO TERMS


These Terms of Service ("Terms") constitute a legal agreement between you, whether as an individual or on behalf of an entity ("you"), and Haute Academy, Inc. doing business as PastryClass ("PastryClass," "we," "us," "our," and collectively, the "Parties," or individually, a "Party"), pertaining to your access and use of the website located at the address pastryclass.com, along with any other media forms, channels, mobile websites, or mobile applications related to or connected with it (collectively, the "Website").

Please read these Terms carefully before using this Website. Your use of this Website indicates that you have read and accepted these Terms. If you disagree with any of these Terms of Use, please discontinue using this Website immediately.

We reserve the right, at our sole discretion, to modify these Terms at any time and for any reason. The most current version of our terms of use will be accessible at https://www.pastryclass.com/terms. If changes to our Terms impact how we use your provided data, we will notify you of these changes.

All time references for classes and enrollments are based on the Greenwich Mean Time (GMT) zone.


INTELLECTUAL PROPERTY RIGHTS


Unless explicitly stated otherwise, all intellectual property on the Website is owned by us. This includes materials protected by copyright, trademark, or patent laws (the "Marks"). The Content on the Website, including but not limited to text, design graphics, software code, photos, videos, music, applications, interactive features (collectively, the "Content"), is a collective work under Canadian and other copyright laws and is the intellectual property of PastryClass.

Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.


USING THIS WEBSITE AND THE WEBSITE’S SERVICES


USER REGISTRATION

You may need to register with the Website to access and utilize certain Service features. By registering for the Service, you agree to provide accurate, current, and complete information about yourself as prompted by the Service’s registration form. You are responsible for maintaining the accuracy of this information and updating it as necessary. Registration data and certain other information about you are subject to our Privacy Policy. If you are under thirteen (13) years of age, you are not authorized to use the Service, with or without registering. Additionally, if you are under eighteen (18) years old, you can use the Service only with the approval of your parent or guardian.

USER ACCOUNT, PASSWORD AND SECURITY

Your access to this Website must comply with these Terms. You agree to keep your password confidential and bear responsibility for all activities associated with your account and password. This includes passwords for third-party sites if we permit their use to access this Website. Notify us immediately of any unauthorized account use or security breach, and log out of your account at the end of each session when accessing the Service.

MODIFICATIONS TO SERVICE

PastryClass reserves the right to modify or discontinue, temporarily or permanently, the contents, formats or functionality of the Website at any time or for any or no reason at our sole discretion with or without notice. We will not be liable to you or to any third party for any modification, suspension, price change or discontinuance of the Website.

PAYMENTS

You will be required to select a payment plan and provide PastryClass information regarding your credit card or other payment instruments. We may suspend or terminate your account and/or access to our Services and this Website if your payment is late and/or your offered payment method (e.g., credit card or PayPal account) cannot be processed or is declined or revoked. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto. Fees for classes are collected by PastryClass from students via Stripe and PayPal services.

We reserve the right to change PastryClass’ payment plans at any time. If applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your account and stop using the Services.

5-STAR FULL REFUND POLICY

At PastryClass, we stand by the quality of our classes and want you to feel confident in your purchase. We offer a full refund if you decide to cancel your paid enrollment within the first five days of your purchase. Upon issuing the refund, your access to the class will be terminated. Please ensure that your refund request is submitted on or before the fifth day from the start of the service to be eligible.

Refund eligibility is limited to one refund per person for the same service within this five-day period. Additional requests for refunds, whether in whole or in part, will not be accepted if made within the same period or for the same service.

Our 5-Star Refund Policy excludes special offers. This includes, but is not limited to, "ALL-BUNDLE" ("ALL-ACCESS") plans, "ENROLL NOW, PAY LATER" installment options, and other discounted or promotional deals. These offers are considered final upon purchase and are not eligible for refunds or cancellation.

Refunds will not be provided for accounts found to be in violation of our Terms of Service. Such determinations are made at the sole discretion of PastryClass. If misuse of the refund policy is identified, we reserve the right to suspend or terminate your account and restrict future use of our services without issuing a refund.

For information on how to request a refund or if you have questions regarding our 5-Star money-back guarantee, please contact our PastryClass Care Team at hello@pastryclass.com. Please note that our refund policies may be updated or changed at any time.

USER SUBMISSIONS

Certain areas of this Website (e.g., PastryClassAI, blog and other functionality) may permit you to submit, post, distribute, upload or broadcast content and materials on the Website, including but not limited to text, video, audio, photographs, graphics, comments, suggestions, personal information or other material or media of any kind (collectively, "Submissions").

When you create or make available any Submissions on the Website, you represent and warrant that:

We do not assert any ownership over your use of the Submissions. You retain full ownership of all of your Submissions and any intellectual property rights or other proprietary rights associated with your Submissions.

By uploading any Submissions you hereby grant to PastryClass, its partners (including but not limited to PastryClass instructors and other third parties providing instructional information through the Services, collectively “Partners”) to:

GUIDELINES FOR REVIEW

We may provide you areas on the Website to leave reviews or ratings. When posting a review, you must comply with the following criteria:

We may accept, remove, or reject reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. We do not consider reviews to be education records or information otherwise associated with the services that you receive through the Website. By submitting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.


PROMOTIONAL OFFERS


PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN CERTAIN CONDITIONS AND RESTRICTIONS ON THE AVAILABILITY AND USE OF THE PROMOTIONAL OFFERS, INCLUDING WHAT CLASSES ARE INCLUDED TO THE OFFER.

INTRODUCTION

These PastryClass Offers are made available by PastryClass. By accepting any of the Offers, you agree to the Terms and that your information will be processed according to the Privacy Policy.

ELIGIBILITY

To be eligible for the Offers, you must be able to provide PastryClass with a valid and current payment method; and complete your purchase and enroll on PastryClass's website directly and not through a third party.

AVAILABILITY

Offers are only available for a limited time. PastryClass reserves the right to modify or terminate these Offers at any time and for any reason. These Offers may not be combined with any other sale, promotion, discount, code, coupon, and/or offer. The Offers are not transferable, exchangeable, refundable, or redeemable for cash, credit, or gift cards, nor are they valid toward previous enrollments or renewals of existing enrollments. Other restrictions may apply.


ENROLL NOW, PAY LATER

For Premium and All-Bundle enrollment plans, PastryClass offers the ENROLL NOW, PAY LATER option, allowing you to spread your payments over 3, 4, or 6 interest-free installments, billed monthly. This option cannot be combined with the GIFT A CLASS offer or other promotions (unless otherwise specified in the offer). Gifts are available only for classes purchased at full price.

HOW TO USE ENROLL NOW, PAY LATER

To use ENROLL NOW, PAY LATER, select this option at checkout and choose to divide your payment into three, four, or six equal installments. Enter your card details to complete your enrollment.

There are no additional fees or interest charges from PastryClass for using a debit or credit card. However, your bank may impose interest or fees if you use an interest-bearing credit card.

CAN I PAY OFF MY BALANCE EARLY?

Yes, you can make an early payment by contacting our PastryClass Care Team at hello@pastryclass.com. If you pay off your balance early, we will stop further charges to your card.

WHICH CARDS DOES PASTRYCLASS ACCEPT?

We accept most major credit and debit cards, but not prepaid cards. We may also not accept cards that are nearing expiration.

WHEN WILL PAYMENTS BE TAKEN?

The first installment will be automatically charged to your card at the time of enrollment. Subsequent payments will be deducted monthly, starting one month after your initial payment. All payments will be processed automatically, so you do not need to manage them manually.

WHAT IF MY CARD DETAILS CHANGE OR MY CARD IS CANCELED?

If your card is canceled or your details change, please update your information by contacting us at hello@pastryclass.com.

WHAT HAPPENS IF A PAYMENT CANNOT BE PROCESSED DUE TO INSUFFICIENT FUNDS?

If we are unable to process a payment due to insufficient funds, we will notify you and make up to two additional attempts to collect the installment. If payment is still unsuccessful, access to your class will be suspended.

CAN I REACTIVATE MY CLASS IF ACCESS IS SUSPENDED?

If you reactivate your account within one month after suspension, you can continue with your existing payment plan. If reactivation occurs after this period, full payment will be required.


BLACK FRIDAY OFFERS, effective as of November 18, 2024.


BUY ONE, GET ONE FREE Offer allows you to enroll in one class and receive a second class of equal or lesser value for free. The second, free class must be chosen within 5 days of purchasing the first one.

**ALL-ACCESS BLACK, 20%**: Includes the All-Bundle, Standard and All-Bundle, Premium plans. This offer gives you access to all current classes for six months or a year with a 20% discount.

**ENROLL NOW, PAY LATER**: Available for the All-Bundle, Premium and Premium Enrollment plans. This offer allows you to enroll in these plans with 3, 4, or 6 interest-free installments, paid monthly.

AVAILABLE CLASSES:

ANY CLASSES THAT ARE RELEASED IN THE FUTURE ARE NOT INCLUDED IN THIS OFFER AND MUST BE ENROLLED IN INDIVIDUALLY.

AVAILABILITY

ENROLL NOW, PAY LATER cannot be combined with the BUY ONE, GET ONE FREE Offer. A gift of another class can only be provided for a class purchased at full price. No installment options are available for gift purchases. Other restrictions may apply.


50% OFF OFFER, effective as of November 6, 2024.


The 50% offer entitles you to enroll in any available class or bundle with 2 months of access (November 6, 2024 until January 6, 2025) at a 50% discount.

ENROLLMENT OPTIONS:

AVAILABLE CLASSES:


THE RETURN OF LIFETIME ACCESS" effective as of October 10, 2024. As of October 12, 2024 this offer has expired


THE RETURN OF LIFETIME ACCESS, entitles you to enroll or upgrade any class or bundle to lifetime access.

AVAILABLE CLASSES:

*This class is not available to students who have enrolled in the ALL-BUNDLE Offer starting from September 10, 2024.


BIRTHDAY OFFERS "FREE CLASS" effective as of June 25, 2024. As of July 21, 2024 this offer has expired.


FREE CLASS, entitles you to a second class of the same or lower value for free upon enrolling in a class and emailing us.


BIRTHDAY OFFERS "LIFETIME ACCESS" effective as of June 25, 2024. As of July 21, 2024 this offer has expired.


LIFETIME ACCESS, entitles you to lifetime access to one or all classes upon enrolling in a desired bundle via any class page and emailing us. This offer entitles you to lifetime access to either one class or all classes based on your chosen bundle.

Our bundles include:

AVAILABLE CLASSES:


50% OFF OFFER, effective as of June 21, 2024. As of June 23, 2024 this offer has expired.


The 50% Offer entitles you to enroll in any available class or bundle for 3 months, 6 months, or lifetime access, with a 50% discount.

AVAILABLE CLASSES:


HOLIDAY OFFERS, effective as of December 11, 2023. As of January 22, 2024, these offers have expired.


IT'S FREE WITH BUNDLE includes:

BUY ONE, GET TWO, entitles you to one year's access to a bundle of two classes, both with Standard enrollment.

BUY TWO, GET SIX, entitles you to one year's access to a bundle of six classes, all with Standard enrollment.

BUY TWO AND A HALF, GET TWELVE, entitles you to one year's access to a bundle of twelve classes, all with Standard enrollment.

AVAILABLE CLASSES:

12 CLASSES STANDARD, entitles you for one year access to a bundle of twelve classes, all with Standard enrollment.

AVAILABLE CLASSES:

12 CLASSES PLATINUM (+ 1 gift class), entitles you for two years access to a bundle of thirteen classes, all with Premium enrollment.

AVAILABLE CLASSES:

*Access to the class will be provided after release on the website.

AVAILABILITY

ENROLL NOW, PAY LATER available for All-Bundle, Standard, and Premium enrollment plans, this option allows you to enroll in these plans with 3 or 4 interest-free installments, scheduled once a month. ENROLL NOW, PAY LATER cannot be combined with IT'S FREE WITH BUNDLE OFFER or 79% OFF ALL-BUNDLE PLATINUM. ENROLL NOW, PAY LATER cannot be combined with GIFT A CLASS OFFER. A gift of another class can only be provided for a class purchased at full price.


LIFETIME ENDS FOREVER OFFER, effective as of December 4, 2023. As of December 11, 2024 this offer has expired.


LIFETIME ENDS FOREVER entitles you to enroll in All-bundle, lifetime or Premium, lifetime plans.

AVAILABLE CLASSES:

AVAILABILITY

ENROLL NOW, PAY LATER cannot be combined with the LIFETIME ENDS FOREVER offer. No installment options are available for lifetime enrollments. Other restrictions may apply.


BLACK FRIDAY OFFERS, effective as of November 10, 2023. As of December 4, 2024 these offers have expired.


BUY ONE, GET ONE FREE Offer allows you to enroll in one class and receive a second class of equal or lesser value for free. The second, free class must be chosen within 5 days of purchasing the first one.

ALL-ACCESS 20% BLACK Offer entitles you to access all current classes for one year or for a lifetime with a 20% discount on the total payment.

ENROLL NOW, PAY LATER Offer, available for All-Access 1-Year and Premium Enrollment plans, allows you to enroll in these plans with 3 or 4 interest-free installments, scheduled once a month.

AVAILABLE CLASSES:

ANY CLASSES THAT ARE RELEASED IN THE FUTURE ARE NOT INCLUDED IN THIS OFFER AND MUST BE ENROLLED IN INDIVIDUALLY.

AVAILABILITY

ENROLL NOW, PAY LATER cannot be combined with the BUY ONE, GET ONE FREE Offer. A gift of another class can only be provided for a class purchased at full price. ENROLL NOW, PAY LATER cannot be combined with the Gift a Class offer. No installment options are available for gift purchases. Other restrictions may apply.


50% OFF OFFER, effective as of November 1, 2023. As of November 3, 2023 this offer has expired.


The 50% Offer entitles you to enroll in any available class or bundle for 3 months' access, with a 50% discount.

AVAILABLE CLASSES:

The ALL-BUNDLE, ONE YEAR (the “ALL-BUNDLE”) Offer, effective from September 1, 2023 to October 7, 2023, entitles you to one year's access to all current classes available on the platform at the moment of your enrollment with premium enrollment.

The ALL-BUNDLE, LIFETIME (the “BUNDLE”) Offer, effective from September 1, 2023 to October 7, 2023, entitles you to lifetime access to all current classes available on the platform at the moment of your enrollment with premium enrollment.

AVAILABLE CLASSES:

*This class is not available to students who have enrolled in the ALL-BUNDLE Offer starting from July 24th, 2023.
**This class is not available to students who have enrolled in the ALL-BUNDLE Offer starting from September 27th, 2023.
***This class is available to students who have enrolled in the ALL-BUNDLE Offer starting from September 1st, 2023.
****This class is available to students who have enrolled in the ALL-BUNDLE Offer starting from October 9th, 2023.

ANY CLASSES THAT ARE RELEASED IN THE FUTURE ARE NOT INCLUDED IN THIS OFFER AND MUST BE ENROLLED IN INDIVIDUALLY.


$50 INSTALLMENTS OFFER, effective as of July 25, 2023. As of August 17, 2023 this offer has expired


The $50 INSTALLMENTS Offer, entitles you to enroll in any available class, with an initial payment of only US$50.

AVAILABLE CLASSES:

By choosing your preferred class and enrolling with an initial payment of US$50, you acknowledge and agree to the following terms: This promotional offer is subject to availability and is valid for a limited time only. The US$50 first payment must be made at the time of enrollment. The remaining payments will be divided into interest-free biweekly installments of US$50 each. Failure to make timely installment payments may result in suspension or termination of your enrollment. PastryClass reserves the right to modify or terminate this offer at any time without prior notice.


BIRTHDAY OFFER, effective as of June 7, 2023. As of July 23, 2023 this offer has expired.


BIRTHDAY Offer entitles you to enroll in one class and get a second class of the same or lower value, for free.

AVAILABLE CLASSES:


ALL-ACCESS PASS (the “ALL-ACCESS”, “ALL-ACCESS PASS”) OFFER

ALL-ACCESS PASS + LIFELONG ONE CLASS, effective as of October 24, 2022 - December 1, 2022, entitles you for one year access to all current classes available on the platform at the moment of your enrollment with premium enrollment, including one class with a lifelong access.

ALL-ACCESS PASS, ONE YEAR ACCESS, effective as of September 30, 2022 - March 3, 2023, entitles you for one year access to all current classes available on the platform at the moment of your enrollment with premium enrollment.

ALL-ACCESS PASS, LIFELONG, effective as of December 10, 2022 - March 3, 2023, entitles you for a lifelong access to all current classes available on the platform at the moment of your enrollment with premium enrollment.

AVAILABLE CLASSES:

**This class is available to students who have enrolled to the ALL-BUNDLE Offer starting from November 25, 2022.

ANY CLASSES THAT ARE RELEASED IN THE FUTURE ARE NOT INCLUDED IN THIS OFFER AND MUST BE ENROLLED IN INDIVIDUALLY.


BUY ONE, GET ONE FREE OFFER effective as of October 24, 2022. As of December 1, 2022 this offer has expired.


BUY ONE, GET ONE FREE Offer entitles you for a lifelong access to the first class with premium enrollment and one year access to the second class of your choice with standard enrollment.

AVAILABLE CLASSES:

*This class is available for a selection to students who have enrolled to the BUY ONE, GET ONE Offer starting from November 25th, 2022.

ANY CLASSES THAT ARE RELEASED IN THE FUTURE ARE NOT INCLUDED IN THIS OFFER AND MUST BE ENROLLED IN INDIVIDUALLY.


IT`S FREE WITH BUNDLE OFFER includes:

BUY ONE, GET TWO, effective as of December 10, 2022 - March 3, 2023, entitles you for one year access to two selected classes, both with premium enrollment.
BUY TWO, GET FIVE, effective as of December 10, 2022 - March 3, 2023, entitles you for one year access to five selected classes, all with premium enrollment.
BUY THREE, GET TEN, effective as of December 10, 2022 - March 3, 2023, entitles you for one year access to ten selected classes, all with premium enrollment.

AVAILABLE CLASSES:


LINKS TO THIRD PARTY SITES


We sometimes provide links on this Website to third-party websites or other access to other websites and resources on the Internet. We are not obligated to review any third-party websites that you link to from this Website, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.


INDEMNIFICATION


You agree to indemnify, defend, and hold us and our contractors, affiliates and their officers, employees, directors and agents harmless from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to:


DISCLAIMER OF WARRANTIES


Your use of the Website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.


PRIVACY


At PastryClass, we respect the privacy of our users. For details please see our Privacy Policy. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from locations outside Canada are doing so voluntarily and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


LIMITATION OF LIABILITY


WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE GREATER OF $100 AND THE AMOUNTS YOU PAY THE COMPANY FOR USE OF, OR IN CONNECTION WITH, THE SITE.


TERM AND TERMINATIONS


You agree that we may, in our sole discretion, suspend, restrict or terminate your Account and use of the Website, effective at any time, without notice to you, for any reason including without limitation for breach of any representation, warranty, or covenant contains in these Terms or of any applicable law or regulation.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.


DISPUTE RESOLUTION


You agree that you are solely responsible for your interactions with any other user in connection with the Service and this Website will have no liability or responsibility with respect thereto. We reserve the right but have no obligation, to become involved in any way with disputes between you and any other user of the Service.


GENERAL


These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Parties about this Website. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.


CONTACT


Please feel free to contact us if you have any questions about these Terms or otherwise need to contact us for any reason.

You may contact us as follows:

200- 2240 Chippendale Rd
West Vancouver,
BC V7S 3J5
hello@pastryclass.com

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