Website Terms of Use

EMMA VAN HEUSEN LTD

WEBSITE TERMS OF USE

BACKGROUND:

These Terms of Use, together with any and all other documents referred to in them, set out the terms under which You may use this website, https://emmavanh.com (“Our Site”).  Please read these Terms of Use carefully and ensure that You understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon Your first use of Our Site.  If You do not agree to comply with and be bound by these Terms of Use, You must stop using Our Site immediately.

 

 

• Definitions and Interpretation 

 

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”	means an account required for You to access the paid Training Programmes as set out in Clause 4 below;
“Content”	means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Data Protection Legislation”	means 1) unless and until EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK; and subsequently 2) any legislation which succeeds the GDPR;
“Platform”	means the Kajabi online platform through which We shall release the Programme Materials to You if You join one of Our paid Training Programmes, or such other online platform as We may use from time to time;
“Programme Materials”	means digital content comprising the Training Programmes made available for purchase by You via Our Site on the terms set out in Our Standard Terms & Conditions;
“Training Programmes”	means the training programmes provided by Us from time to time to paying clients via the Platform;
“We/Us/Our”	means Emma Van Heusen Limited, a company registered in the United Kingdom under number 11459247 whose registered office address is at International House, 142 Cromwell Road, London, United Kingdom, SW7 4EF; and
“You/ Your”	means you, as a user of Our Site.

 

 

• Information About Us

 

Our Site, https://emmavanh.com, is owned and operated by Emma Van Heusen Limited, a company registered in the United Kingdom under number 11459247 whose registered office address is at International House, 142 Cromwell Road, London, United Kingdom, SW7 4EF.

 

• Access to Our Site

 

1. Access to Our Site is free of charge.
2. It is Your responsibility to make any and all arrangements necessary in order to access Our Site.
3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to You in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

• Accounts

 

1. In order to take part in a paid Training Programme and access the Programme Materials, You will require an Account, which You will create via Our Site.
2. You may not create an Account if You are under 18 years of age.
3. When creating an Account, the information You provide must be accurate and complete.  If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up to date.
4. We recommend that You choose a strong password for Your Account, consisting of a combination of lowercase and uppercase letter, numbers and symbols.  It is Your responsibility to keep Your password safe.
5. You must not share Your Account with anyone else.  We have the right to revoke Your access to Your Account, the Programme Materials and/ or the Platform if You do share Your Account with anyone else in breach of this Clause 4.5 and Our Standard Terms & Conditions for the relevant Training Programme.  If You believe Your Account is being used without Your permission, You must contact us immediately at [email protected].  We will not be liable for any unauthorised use of Your Account.
6. You must not use anyone else’s Account.
7. Any personal information which You provide in the course of opening Your Account will be collected, used and held in accordance with Your rights and Our obligations under the Data Protection Legislation, as set out in Clause 16.
8. If You wish to close Your Account, You may do so at any time.  Closing Your Account will result in the removal of Your information.  Closing Your Account will also remove access to any areas of Our Site which require an Account for Access.

 

• Intellectual Property Rights

 

1. The provisions of this Clause 5 apply only to the Intellectual Property Rights in the Content of Our Site, and not to the Programme Materials.  Our Intellectual Property Rights in the Programme Materials are governed by Our Standard Terms & Conditions for the relevant Training Programme.
2. All Content included on Our Site and the copyright and other Intellectual Property Rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
3. Subject to sub-Clause 5.4 below, You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
4. You may:
   1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
   2. Download Our Site (or any part of it) for caching;
   3. Print one copy of any page from Our Site;
   4. Download extracts from pages on Our Site; and
   5. Save pages from Our Site for later and/or offline viewing.
5. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
6. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

 

• Links to Our Site

 

1. You may link to Our Site provided that:
   1. You do so in a fair and legal manner;
   2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
   3. You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
   4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

1. You may not link to any page other than the homepage of Our Site, https://emmavanh.com.  Deep-linking to other pages requires Our express written permission.
2. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us by email at [email protected] for further information.
3. You may not link to Our Site from any other site the main content of which contains material that:
   1. is sexually explicit;
   2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
   3. promotes violence;
   4. promotes or assists in any form of unlawful activity;
   5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
   6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
   7. is calculated or is otherwise likely to deceive another person;
   8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
   9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
   10. implies any form of affiliation with Us where none exists;
   11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
   12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
4. The content restrictions in sub-Clause 6.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 6.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

 

• Links to Other Sites

 

We may include links to other sites on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

• Disclaimers

 

1. Nothing on Our Site constitutes advice on which You should rely.  It is provided for general information purposes only.  
2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet Your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please refer to Our Standard Terms & Conditions regarding the accuracy, completeness and updating process for the Programme Materials.

 

• Our Liability

 

1. The provisions of this Clause 9 apply only to the use of Our Site, and not to the Programme Materials, which are governed by Our Standard Terms & Conditions for the relevant Training Programme.  
2. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
3. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
4. If You are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
5. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect Your hardware, software, data or other material that occurs as a result of Your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
6. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
7. Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  

 

• Viruses, Malware and Security

 

1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
2. You are responsible for protecting Your hardware, software, data and other material from viruses, malware, and other internet security risks.
3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, the Platform, or any other server, computer, or database connected to Our Site.
5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
6. By breaching the provisions of sub-Clauses 10.3 to 10.5, You may be committing a criminal offence.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing Your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

 

• Acceptable Usage Policy

 

1. You may only use Our Site in a manner that is lawful.  Specifically:
   1. You must ensure that You comply fully with any and all local, national or international laws and/or regulations;
   2. You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
   3. You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
   4. You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
2. We reserve the right to suspend or terminate Your access to Our Site, the Programme Materials and/or the Platform if You materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use.  Specifically, We may take one or more of the following actions:
   1. suspend, whether temporarily or permanently, Your Account, Your right to access Our Site, the Programme Materials and/ or the Platform;
   2. issue You with a written warning;
   3. take legal proceedings against You for reimbursement of any and all relevant costs on an indemnity basis resulting from Your breach;
   4. take further legal action against You as appropriate;
   5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
   6. any other actions which We deem reasonably appropriate (and lawful).
3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

 

• Privacy and Cookies

 

Use of Our Site is also governed by Our Privacy and Cookie Policy, available from

https://members.emmavanh.com/pages/privacy-policy.  Our Privacy and Cookie Policy is incorporated into these Terms of Use by this reference.

 

• Changes to these Terms of Use

 

1. We may alter these Terms of Use at any time.  Any such changes will become binding on You upon Your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless expressly stated otherwise.

 

• Contacting Us

 

To contact Us, please email Us at [email protected] or using any of the methods set out on Our Contact page.

 

• Communications from Us

 

1. If We have Your contact details, We may from time to time send You important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use or to Our Standard Terms & Conditions and changes to Your Account.
2. We will not send You marketing emails of any kind without Your express consent.  If You do give such consent, You may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If You opt out of receiving emails from Us at any time, it may take up to 14 business days for Us to comply with Your request.  During that time, You may continue to receive emails from Us.
3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at [email protected].

 

• Data Protection

 

1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation.
2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy & Cookie Policy.

 

• Law and Jurisdiction

 

1. These Terms of Use, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
2. If You are a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
3. Any disputes concerning these Website Terms of Use or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.