TERMS AND CONDITIONS
Effective date: 5/1/2021
Terms and conditions
1. General Rules and Definitions
1.1 These are the terms of service of “Start Small Win BIG Academy by Robert and Jennifer Morris” offered and provided by Robert and Jennifer Morris, of Cupcakeology LLC, which are digital products and information based services (the “Terms and Conditions”). Please refer to our Privacy Policy page for the terms relating to the use of the Rob and Jen Morris website (“the Site”). In this regard, both agreements are collectively referred to as the “Agreements”. Please note that all references to Robert and Jennifer Morris refer to Cupcakeology LLC.
1.2 Prior to your purchase, you are required to read, understand and accept these terms. You are confirming that you have read and reviewed and accepted these Terms and Conditions by checking the box which states “I have read and reviewed the Terms and Conditions and agree to be bound by them.”
1.3 These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. By placing an order for products or services from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions. You may purchase Robert and Jennifer Morris's services from this website only if you (a) agree to these terms and conditions and,(b) are older of at least 18 years of age to form a binding contract with Robert and Jennifer Morris.
1.4 It is at the sole discretion of Robert and Jennifer Morris to modify or replace the terms at any time. Robert and Jennifer Morris will notify you of any modification to our Terms via email correspondence. You are responsible for reviewing our Terms upon notification of any change and continuing use of our Services shall constitute your acceptance of these Terms. The Terms of this agreement will apply to any Services offered by Robert and Jennifer Morris.
2. Services
2.1 Robert and Jennifer Morris is a provider of digital and informational products and services specifically related to starting a bakery business. “Start Small Win BIG Academy” is a digital information product that provides guidance and training to business owners on starting a bakery business. [Client] will be provided with [Start Small Win BIG Academy] including the specific items identified under the respective product and service they purchase (the “Service” or collectively referred to as the “Services”).
2.2 Due to the personalized nature of the Services, Robert and Jennifer Morris may also offer other services add-ons on an a la carte basis which may be purchased separately. Upon purchase of our Services, you will receive exclusive information regarding all Services provided and information to cater to your business needs and goals. Requests for Services that fall outside of those outlined under any membership will be priced on an a la carte basis to be determined by Robert and Jennifer Morris.
2.3 Please note that our calls, text messages, and emails may be recorded and monitored for quality and training purposes. If you have any questions in relation to membership support, please contact us at [[email protected]] for clarification.
2.4 Members acknowledge that any provision of these a la carte Services will be governed by Robert and Jennifer Morris's standard terms of service as set out therein.
2.5 Your access to and use of your content platform site may be interrupted from time to time as a result of maintenance or repair or any other reason within or outside the control of Robert and Jennifer Morris.
3. Prices and Payment Terms
3.1 Robert and Jennifer Morris's customers may purchase the following Offers: Regular price starts at $50,000. The Start Small Win BIG Academy, One Time Payment (90% off regular enrollment), is $5,000 (Diamond package) The Start Small Win BIG Academy Payment Plans are as follows: $2,550 retainer up front, five (5) installments of $538.00 monthly*
VIP Package: Regular price $25,000 One time payment of $2,500 (90% off regular enrollment). Payment plan $1,300 retainer up front. 4 monthly payments of $349.
3.2 Prices posted on this Site may be different than prices offered by us through promotions online, on social media, or with affiliates or brand partners. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
3.3 We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
3.4 You agree to pay the full amount of the program. Whether you choose installment ‘payment’ plans or decide to pay in full, you understand that there are NO REFUNDS, and NO CHARGEBACKS of any sort, at any time.
Please note that the fees are expected to be paid in full and not ‘pay as you go’.
If you selected the installment payment option, and your card is declined for any installment payment, you will receive an email notifying you of the declined charge and asking you to submit an updated card. If you have not provided a form of payment for a successful charge by midnight, your enrollment will be suspended until payment is made.
If your payment becomes 7 days past due, your enrollment will be terminated, and your file will be turned over to collections/legal to recover the outstanding balance and late fees.
3.5 By completing your purchase, you grant Robert and Jennifer Morris the right to charge the method of payment provided for the full price of all Services pursuant to the payment option you Agree to.
3.6 You agree that you will pay for the Services upon purchasing a Robert and Jennifer Morris package by paying up front, or by enrolling in the Payment Plan, as defined above. The amount of which you are required to pay is determined by the service plan you choose.
3.7 Your membership will activate immediately upon sign up (“the Effective Date”). In the event that you choose the Payment Plan, the term of your payment will be for four (4) calendar months (“Payment Plan Period”) which shall automatically renew at the end of each month. You shall, on the Effective Date be provided access to Robert and Jennifer Morris product and services, but you must maintain at all times up-to-date and complete payment details. You also agree to enroll in an automatic payment enrollment process (“AutoPay”) wherein your card will be stored and charged each month on the calendar day in which you enrolled until you have paid off the plan.
3.8 Following the Effective Date of your Payment Plan, your payment to Robert and Jennifer Morris will be placed on AutoPay unless you cancel your plan via written request to [[email protected]]. However, cancellation of your payment plan will not waive your obligation to pay full price for the products and services you were provided. Upon cancellation, the full amount of the balance remaining will become due and payable within five (5) days before the end of the current Payment Plan Period.
3.9 Robert and Jennifer Morris may charge your payment method for any Services purchased and for any additional amounts (including any taxes and late fees or amounts due) that may be accrued by or in connection with your Payment Plan.
3.10 Robert and Jennifer Morris will release each module the day after your monthly payment is paid.
3.11 YOU ARE RESPONSIBLE FOR THE TIMELY AND FULL PAYMENT OF ALL FEES AND ACCEPT LIABILITY ON BEHALF OF ANY THIRD PARTY IN THE EVENT OF LATE PAYMENT. FAILURE TO RECEIVE TIMELY PAYMENT WILL RESULT IN A SUSPENSION OF SERVICE AND CANCELLATION OF YOUR PAYMENT PLAN WITH THE BALANCE DUE UPON CANCELLATION.
3.12 If Robert and Jennifer Morris have not received payment at the beginning of each Payment Plan Period, and without prejudice to any other rights and remedies, Robert and Jennifer Morris may, without liability to any member cease to perform all or part of the Services until payment is received or restrict access to any member of the products and services provided.
3.13 In the event of clause 3.12, Robert and Jennifer Morris shall be under no obligation to provide any or all of the Services during the period of any unpaid Payment Plan Period. Upon receipt of payment for the full balance, membership access will be restored.
3.14 Payment processing may be performed and facilitated by a third party, such as Paypal, Stripe, Square, which each have their own policies and terms in relation to that payment and data. We request that you observe these terms and policies before agreeing to these Terms.
4. Our Obligations
4.1 By signing up and joining the Robert and Jennifer Morris service as a client, Robert and Jennifer Morris is obligated to provide you with the following:* Deliverables Contained within Your Payment Plan Option.These are collectively referred to as the ‘Deliverables’.
4.2 Upon implementation of the Deliverables, you accept and acknowledge that our obligations under the Service have been met and receipt of these Deliverables constitutes your acceptance to continue the Service.
4.3 In the event that you no longer wish to continue your membership, you must observe the termination clauses under this Agreement.
5. Client's Obligations
5.1 Due to the nature of the Service, Robert and Jennifer Morris recommends that members undertake an active approach to implement the strategic advice provided under the Service in order to achieve the greatest potential for starting your baking business.
5.2 You acknowledge that you shall be responsible for (i) providing access and information for Robert and Jennifer Morris to perform its obligations under the Agreements, (ii) payment in full for the price and or the payment plan paid to completion, and (iii) adherence to these Terms of Service.
6. Cancellation and Termination of Services
6.1 You may cancel your Payment Plan at any time. If you cancel, THE REMAINING BALANCE WILL BECOME DUE BEFORE THE END OF THE THEN CURRENT PAYMENT PLAN PERIOD. The cancellation will take effect after the last day of the current Payment Plan Period, the balance has not been paid, we will terminate your account accordingly and pursue the balance due.
6.2 If you wish to cancel your Payment Plan, you must contact us with your cancellation request via email at [[email protected]].
6.3 You understand and agree that a cancellation of your Payment Plan will not result in a refund of any fees already paid to us and all Services that were paid for will be completed to the best of our abilities and control. An inability to perform the Services as a result of your acts or omissions will NOT result in a refund.
6.4 In the event that you cancel your Payment Plan and reactivate it at a later date, all terms will apply from the date you're-enrolled in your Payment Plan.
6.5 Robert and Jennifer Morris has the right to terminate this Agreement for any reason or no reason upon written notice to the other party. You are not entitled to any refunds from Robert and Jennifer Morris, or payments returned via chargebacks or payment disputes from bank, financial institution, or payment processing company. All sales are final and there is a strict no cancellation/no refund policy.
Once chargebacks or payment disputes have been made, access to the program, live coaching sessions and private community will all be revoked.
I understand that refunds are not available and that I am committing to this program: The Start Small Win BIG Academy.
7. Intellectual Property
7.1 You agree that Robert and Jennifer Morris owns all intellectual property rights created in the provision of the Services. Robert and Jennifer Morris and its licensors own all right, title, and interest in and to Services and the systems and materials used to provide such Services including all modifications, improvements, upgrades and derivative works. You agree to assign all right, title, and interest you may have in the foregoing to us. Except for the express rights granted herein, we do not grant any other licenses, whether express or implied, to any of Robert and Jennifer Morris's intellectual property including software, services, and products.
7.2 Except as expressly stated herein, these Terms of Service do not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services.
7.3 All Robert and Jennifer Morris's logos, designs, scripts, reports, insights, tips, tricks and information created during the provision of services, are intellectual property of Robert and Jennifer Morris.
7.4 Any use of intellectual property owned by Robert and Jennifer Morris may not be used in connection with the sale or distribution of any product or service by you without our prior written consent, misappropriation of any intellectual property or trade secrets owned by Robert and Jennifer Morris may result in an action for enforcement or in an effort to recover damages. Robert and Jennifer Morris reserve the right to pursue a claim from any misconduct or improper dissemination and use of its intellectual property by any Client or third party or affiliate of Client.
8. Marketing
8.1 You acknowledge that, from time to time, Robert and Jennifer Morris may wish to refer to its relationship with you as a Client in its promotional literature and marketing materials. On acceptance of these terms, you consent to being referenced in such promotional material with the inclusion of images, words and feedback.
8.2 Robert and Jennifer Morris reserve the right to include quotes or summaries of reviews or comments from any members including their name, industry and website related to their subscription with Robert and Jennifer Morris.
9. Third Party Products and/or Services
9.1 As part of the Services, Robert and Jennifer Morris may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Robert and Jennifer Morris assists you in the acquisition, installation, and/or use of Third Party Software. Robert and Jennifer Morris has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
9.2 Robert and Jennifer Morris would like to disclose that further to the provision of our Services, there is a monetary relationship between certain services recommended within our membership and the owner of that third party product or service (the “Affiliate” or collectively referred to as “Affiliates”). This clause is provided for the purpose of disclosing Robert and Jennifer Morris's financial relationship with Affiliates, advertisers, sponsors and other third parties that we work with within our membership. In the event that you decide to purchase a product or service recommended by Robert and Jennifer Morris, Robert and Jennifer Morris may receive additional compensation from that purchase from the Affiliate. Despite the foregoing, Robert and Jennifer Morris and our representatives provide our honest opinions and commercial experiences as they relate to the products and services that are recommended.
10. Indemnity
10.1 You hereby expressly and irrevocably indemnify and hold harmless Robert and Jennifer Morris against claims, actions, proceedings, losses, damages, expenses and costs arising out of or in connection with the use of the Service.
10.2 You agree that this discharge of liability will apply to Robert and Jennifer Morris and its affiliated companies including its and their directors, employees, agents, representatives, independent contractors, licensees and assignees. You agree that this discharge of liability will apply to any and all proceedings, debts, claims and demands (both in law and equity) which you have had in the past, present or may have in the future arising directly or indirectly out of your use of the Robert and Jennifer Morris and/or Robert and Jennifer Morris's Services.
10.3 You hereby agree that Robert and Jennifer Morris and its affiliated companies including its and their directors, employees, representatives, independent contractors, licensees and assignees, shall have no liability for any damage caused by errors made in connection with the Services.
10.4 You accept that all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement. Nothing in this agreement excludes the liability for death or personal injury caused by Robert and Jennifer Morris's gross negligence or for fraud.
10.5 You hereby agree that Robert and Jennifer Morris shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement.
10.6 You agree to indemnify Robert and Jennifer Morris against all claims, losses, expenses, damages and costs relating to any breach of these Terms, material and/or the use of or reliance upon the Services, by you or any person acting on your behalf when accessing or making edits on your content management system.
11. Limitation of Liability
11.1 Robert and Jennifer Morris shall not be liable under any circumstances to you under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
11.2 ROBERT AND JENNIFER MORRIS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. YOU ACCEPT THAT YOUR SOLE REMEDY SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE. OUR SOLE AND ENTIRE MAXIMUM LIABILITY , FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
12. Force Majeure
12.1 Robert and Jennifer Morris shall have no liability to you under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other commercial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or subcontractors.
13. Dispute Resolution and Binding Arbitration
13.1 YOU AND ROBERT AND JENNIFER MORRIS / CUPCAKEOLOGY LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
13.2 The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 15. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
13.3 The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
13.4 You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
13.5 You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ROBERT AND JENNIFER MORRIS/ CUPCAKEOLOGY LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If you would like to Opt-Out of the Arbitration Agreement, please contact us within thirty (30) days of your purchase at [email protected] so that we may accept your decision to opt-out. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
14. Miscellaneous
14.1 These Terms apply to the use of our Services and do not create any agency, employment, partnership or joint venture, or employment with any person or persons who agree to be bound by them.
14.2 Robert and Jennifer Morris shall not be liable for any failure to perform its obligations under these Agreements in circumstances beyond reasonable control. We accept no responsibility for any electronic, server or communications failure.
14.3 If any provision of our Agreements is found to be unenforceable or unreasonable, that provision shall be limited or excluded to the extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
14.4 Robert and Jennifer Morris may assign this agreement or any part of them, and Robert and Jennifer Morris may delegate any of its obligations under the agreement. You may not assign the agreement or any part of them, nor transfer or sublicense your rights under the agreement, to any third party.
14.5 The Terms shall be governed by and construed in accordance with the laws of the State of New Jersey of the United States of America. By accepting these Terms, you and we both agree to the exclusive jurisdiction of the County of Gloucester, State of New Jersey.
14.6 Our order confirmation, these Terms, the license agreement relating to any product or service you obtain on or through this Site, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Contact Us
If you have any questions, concerns or complaints about these Terms and Conditions, please contact us:
- By email: [email protected]
