Privacy Policy, Purchase Policy and Terms of Use.

Alison Smith & alisontheastrologer.com (the “Company”) respects the privacy concerns of the users of its website, alisontheastrologer.com (previously www.wodenegg.com) and the services provided therein (the “Site”). The Company thus provides this privacy statement to explain what information is gathered during a visit to the Site and how such information may be used.

Please also review the Terms of Use that follow and which also govern use of the Site.

Online Privacy Policy

General Data Protection Regulation Compliant

Updated June 2018

This privacy policy outlines what information (“PERSONAL DATA”) is collected from you (“SUBSCRIBER”) and how that information is handled by Alison Smith & alisontheastrologer.com (previously wodenegg.com) (the “COMPANY”). All is done in accordance with the recent General Data Protection Regulation (GDPR).

Summary: The COMPANY provides various ways for you to add your personal information to their database. By clicking on “Submit” “Sign-up” “Buy now” “Purchase” and or any other button that has a similar meaning you are providing your explicit consent to be added to the COMPANY’s communication system. The COMPANY may use any reasonable means of communicating with you based on the information you provide. You may opt-out of this at any time by clicking on the “unsubscribe” button included on all email communication except where the email is part of arranging a service.

Alison Smith & alisontheastrologer.com (previously wodenegg.com) (the “COMPANY”) respects the privacy concerns of the users of its website and the services and or goods provided there (the “SITE”). The COMPANY provides this privacy statement to explain what information is gathered during a visit to the SITE and how such information may be used.

Please also review the Terms of Use that follow and which also govern your use of this SITE.

USE OF INFORMATION

As a general policy, no personally identifiable information (“PERSONAL DATA”), such as your name, address, or e-mail address, is automatically collected from your visit to the SITE. ANY PERSONAL DATA COLLECTED BY THE SITE MUST BE VOLUNTARILY ENTERED BY THE SUBSCRIBER.

Non-personal data is recorded by the standard operation of the COMPANY’S internet servers. Information such as the type of browser being used, its operating system, and your IP address is gathered in order to enhance your online experience.

PERSONAL DATA is information that specifically identifies you (name, email address, ship to/bill to address, phone number) and can be used to specifically locate you from within the COMPANY’S database and or filing system.

The SITE’S various mailing lists, downloads, special offers, contests, registration forms, and surveys may request that you give the COMPANY contact information such as your

  • Name,
  • Email,
  • Birth details of time, place, date
  • communication means such as Skype or Zoom name/details

Information submitted at the time of submission will be used by the COMPANY to:

  • Create birth charts
  • Email SUBSCRIBER the requested information from the COMPANY;
  • Email SUBSCRIBER a newsletter from the COMPANY;
  • Provide SUBSCRIBER access to the requested content from the COMPANY;

PERSONAL DATA submitted voluntarily by the SUBSCRIBER is held:

  • Within the COMPANY’S SITE and database;
  • Until the SUBSCRIBER requests to be unsubscribed and or up to two years from the time of submitting, whichever comes sooner;
  • The COMPANY will ask SUBSCRIBER every two years if he or she wants to continue as a SUBSCRIBER to the COMPANY

LEGAL BASIS FOR USE OF INFORMATION

The COMPANY is legally processing SUBSCRIBER’S PERSONAL DATA based on the following:

  • The SUBSCRIBER has given his or her explicit and voluntary consent to the COMPANY;
  • The SUBSCRIBER has a contract with the COMPANY that necessitates the COMPANY having his or her PERSONAL DATA;
  • The COMPANY has a legitimate interest to process SUBSCRIBER’S PERSONAL DATA;

USE TO THIRD PARTIES

PERSONAL DATA is never sold, leased, or shared with any third parties. A third party is a COMPANY outside of the SUBSCRIBER – COMPANY relationship.

USE OF CREDIT CARD INFORMATION

The COMPANY does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user.  All credit card information is handled by Stripe and PayPal.

LEGAL OBLIGATIONS

The COMPANY may disclose SUBSCRIBER information in special cases when required by legal and or law enforcement and only when required by law.

If the COMPANY has reasonable reason(s) to believe that disclosing PERSONAL DATA held by the COMPANY is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the COMPANY’S rights or property, other users of the SITE, and or anyone else that could be harmed by such activities, then the COMPANY will work with the appropriate and legitimate law enforcement and or legal authorities to make sure that the PERSONAL DATA is handled in accordance with the applicable laws.

SUBSCRIBERS RIGHTS

As a subscriber and or user of the SITE, you have the following rights:

  • Transparent information from the COMPANY regarding how they communicate and interact with the SUBSCRIBER;
  • The right to hear back from the COMPANY regarding any inquiry into SUBSCRIBER’S PERSONAL DATA;
  • To request correction of PERSONAL DATA from the COMPANY;
  • Access to SUBSCRIBER’S PERSONAL DATA including knowing the purposes that the data is used for;
  • To request erasure from the COMPANY’S records provided that there are not overriding legal, public interest, or legitimate interests;
  • To a restriction on the processing of the PERSONAL DATA;
  • Data portability of PERSONAL DATA (having a record provided to you that is readable and commonly used that outlines the PERSONAL DATA the COMPANY has on you)
  • To object to processing of PERSONAL DATA – the COMPANY shall no longer process the SUBSCRIBER’S PERSONAL DATA unless the COMPANY demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the SUBSCRIBER or for the establishment, exercise or defence of legal claims.
  • To file a complaint with the supervisory authority;
  • The right to unsubscribe at any time (withdraw consent).

PROFILING PERSONAL DATA

Profiling means any form of automated processing of PERSONAL DATA consisting of the use of PERSONAL DATA to evaluate certain personal aspects relating to a SUBSCRIBER, in particular to analyse or predict aspects concerning that SUBSCRIBER’S performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

The COMPANY DOES NOT ENGAGE IN ANY SORT OF PROFILING OF ITS SUBSCRIBERS BASED ON PERSONAL DATA.

CHILDREN UNDER AGE 13

The COMPANY recognizes the special obligation to protect PERSONAL DATA obtained from children age 13 and under. 

IF YOU ARE 13 YEARS OLD OR YOUNGER, THE COMPANY REQUESTS THAT YOU NOT SUBMIT ANY PERSONAL INFORMATION TO THE SITE OR TO THE COMPANY. 

If the COMPANY discovers that a child age 13 or younger has signed up on the SITE and or provided the COMPANY with PERSONAL DATA, the COMPANY will delete that child’s PERSONAL DATA from our records.

The COMPANY nonetheless encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:

  1. Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc.
  2. Know the sites your kids are visiting and which sites are appropriate.
  3. Look for Website privacy policies. Know how your child’s information is treated.
  4. Check out advisory sites for more tips on protecting children’s privacy online

USE OF COOKIES

Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes. Cookies make using the COMPANY’S SITE easier by saving your passwords and preferences for you.

These cookies are restricted for use only on COMPANY’S SITE, and do not transfer any PERSONAL DATA to any other party. Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions.

If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the SITE may not function properly or may be considerably slower.

MALWARE/SPYWARE/VIRUSES

Neither the COMPANY nor the SITE knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.

LINKS TO EXTERNAL SITES

The COMPANY is not responsible for the content or practices of third party websites that may be linked to the SITE.

The COMPANY is also not responsible for any information that you might share with such linked websites.

You should refer to each website’s respective privacy policy and practices prior to disclosing any information.

BULLETIN BOARDS AND CHAT AREAS

Guests of the SITE are solely responsible for the content of messages they post on the COMPANY’s forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.

 OPT OUT OR REMOVAL OF YOUR INFORMATION

The SITE provides the SUBSCRIBER the opportunity to opt-in to receive communications from the COMPANY at the point(s) where PERSONAL DATA information is required to be voluntarily entered by the SUBSCRIBER.

 The SUBSCRIBER always has the option of removing their PERSONAL DATA from any communications list in order to discontinue any such future communications.

 In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the COMPANY, which you no longer wish to receive.

If you are unsuccessful in completing the instructions specified in any such communication, please email the COMPANY at [email protected]

and simply request to unsubscribe.

  • Unsubscribe from all communications from the COMPANY
  • Unsubscribe from a specific set of communications from the COMPANY

CONTACT INFORMATION

If you have any complaints or concerns about the COMPANY or about this privacy statement, please contact:

Via email: [email protected] 

Information provided by you via general email inquiries to the COMPANY such as your email address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.

SECURITY

Security for all PERSONAL DATA is extremely important to the COMPANY.

Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure.

As a result, while the COMPANY strives to protect SUBSCRIBER’S PERSONAL DATA, the COMPANY cannot ensure or warrant the security of any PERSONAL DATA the SUBSCRIBER transmits via the internet. By transmitting any such information to the COMPANY, SUBSCRIBER accepts that he or she does so at their own risk.

TRANSFER OF CUSTOMER INFORMATION

Customer lists and information are properly considered assets of a business. If COMPANY merges with another entity, or if it sells its assets to another entity, the COMPANY’S customer list and information would be included among the assets transferred. 

  • SUBSCRIBER would be given the opportunity to unsubscribe both before and after the sale.

YOUR ACCEPTANCE OF THESE TERMS

By using the SITE, the SUBSCRIBER accepts the policies and restrictions set forth in this Online Privacy Policy. If you do not agree to this policy, please do not use the SITE. This Online Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Online Privacy Policy to which you are bound.

Purchase Terms 

PARTIES

This writing outlines the intended legal relationship between between Alison Smith and or alisontehastrologer.com and or wodenegg.com and or thetubecat  (the “COMPANY”) and you (the “CLIENT”). The writing (the “AGREEMENT”) is intended to govern and control your purchase of courses, books or services  (the “PROGRAM”) from the COMPANY.

The COMPANY and the CLIENT are the intended parties (the “PARTIES”) to this AGREEMENT.

ACCEPTING THESE TERMS

As the CLIENT, you are entering into a legally binding agreement with the COMPANY according to the following terms and conditions, when you do any of the following: 

  • Click “I Agree”
  • Email your statement of agreement
  • Enter your credit or debit card information
  • Enroll electronically in the PROGRAM
  • Enroll verbally, or otherwise, in the PROGRAM

 With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or emailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy.  

COMPANY’S SERVICES

This AGREEMENT is executed and valid, when CLIENT accepts these terms (electronically, verbally, written, and or otherwise).

The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to CLIENT. 

PARTIES agree that the PROGRAM is in the nature of entertainment. 

The scope of services provided by COMPANY according to this AGREEMENT are limited to those listed on COMPANY’s website, or as part of the PROGRAM. COMPANY reserves the right to substitute services equal to or comparable to the PROGRAM for the CLIENT if the need arises, without prior notice.

CONFIDENTIALITY

The term “Confidential Information” means INFORMATION WHICH IS NOT GENERALLY KNOWN TO THE PUBLIC RELATING TO THE CLIENT’S BUSINESS OR PERSONAL AFFAIRS.

COMPANY agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with CLIENT during discussions and interactions with CLIENT, or otherwise, without the written consent of CLIENT.

COMPANY shall keep the Confidential Information of the CLIENT in strictest confidence and shall use its best efforts to safeguard the CLIENT’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.

The COMPANY’S privacy policy, terms of use, disclaimers, and disclosures also apply to how COMPANY collects, uses, stores, and who has access to any personally identifiable information supplied by the CLIENT due to its enrollment in the PROGRAM.

NO TRANSFER OF INTELLECTUAL PROPERTY

COMPANY’s copyrighted and original materials are provided to the CLIENT for his or her INDIVIDUAL USE ONLY and under a limited single-user license.

CLIENT is not authorized to use any of COMPANY’s intellectual property, trademarks and or copyrights, for any purpose. CLIENT is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY. 

ALL INTELLECTUAL PROPERTY, INCLUDING COMPANY’S COPYRIGHTED COURSE MATERIALS SHALL REMAIN THE SOLE PROPERTY OF THE COMPANY. NO LICENSE TO SELL OR DISTRIBUTE COMPANY’S MATERIALS IS GRANTED OR IMPLIED.

PROGRAM RULES

To the extent that CLIENT interacts with COMPANY staff and or other clients, CLIENT agrees to behave professionally, courteously, and respectfully with staff and clients at all times. CLIENT agrees that failing to follow course rules is cause for termination of this AGREEMENT. In the event of such a termination, CLIENT is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the Fee.

DISPARAGEMENT

In the event that a dispute arises between the PARTIES or a grievance by CLIENT, the PARTIES agree and accept that the only venue for resolving such a dispute is the venue identified below. PARTIES further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this AGREEMENT.

USE OF PROGRAM MATERIALS

  • By accepting this AGREEMENT, CLIENT consents to recordings being made of the PROGRAM.
  • COMPANY reserves the right to use, at its sole discretion, the following: PROGRAM materials, videos, audio recordings, and materials submitted by CLIENT (in the context of the PROGRAM); for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the CLIENT.
  • CLIENT consents to its name, voice, and likeness being used by COMPANY for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the CLIENT.

NO RESALE OF SERVICES PERMITTED

CLIENT agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the PROGRAM including materials, use of the PROGRAM, or access to the PROGRAM. This AGREEMENT is not transferable or assignable without the COMPANY’s prior written consent.

TERMINATION

If CLIENT is (1) behind in payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due and CLIENT is barred from using any of COMPANY’s services. COMPANY is allowed to immediately collect all Fees from CLIENT and stop providing further services to CLIENT. 

PAYMENT

CLIENT agrees to pay COMPANY the stated fee (the “FEE”) according to the payment terms:

  • As outlined on COMPANY’s website,
  • Provided through email,
  • According to the Payment Schedule and the payment plan selected by CLIENT (the “FEE”), or
  • As otherwise noted in this AGREEMENT.

CHARGEBACKS & PAYMENT SECURITY

To the extent that CLIENT provides COMPANY with credit card(s) information for payment of Fee on CLIENT’s account, COMPANY is authorized to charge CLIENT’s credit card(s)for any unpaid charges on the dates agreed to in the Payment Schedule. 

CLIENT shall not make any chargebacks to COMPANY’s account or cancel the credit card that is provided as security without COMPANY’s prior written consent. CLIENT is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. CLIENT shall not change any of the credit card information provided to the COMPANY without notifying COMPANY in advance.

CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’s representatives, or employees, the provisions in this AGREEMENT control.

ENTIRE AGREEMENT

This AGREEMENT is the entire AGREEMENT between the PARTIES relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a writing signed by both PARTIES.

LIMITATION OF LIABILITY

By using COMPANY’s services and enrolling in the PROGRAM, CLIENT releases COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from his or participation in the PROGRAM. CLIENT accepts any and all risks, foreseeable or non-foreseeable arising from the PROGRAM.

Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’s liability to CLIENT or to any third party is limited to the total amount of money CLIENT paid to COMPANY in the one month prior to the action giving rise to the liability,

All claims against the COMPANY must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever. CLIENT agrees that COMPANY will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of COMPANY’s services or enrollment in the PROGRAM.

CLIENT agrees that use of COMPANY’s services is at CLIENT’s own risk.

INDEMNIFICATION

COMPANY recognizes and agrees that all of the COMPANY’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions, or representations of the COMPANY.

CLIENT shall defend, indemnify (insure and protect), and hold harmless the COMPANY, COMPANY’s shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the PROGRAM.

These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys fees, disbursements, or the like that occur from or are related to this AGREEMENT.  

Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or willful misconduct by the COMPANY, COMPANY’s shareholders, Trustees, Affiliates, or Successors are excluded from indemnification. 

DISCLAIMER OF GUARANTEE

CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS 100% RESPONSIBLE FOR HIS OR HER PROGRESS AND RESULTS FROM THE PROGRAM. CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS THE ONE VITAL ELEMENT TO THE PROGRAM’S SUCCESS AND THAT COMPANY CANNOT CONTROL CLIENT.

COMPANY makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the PROGRAM will meet CLIENT’s requirements or that all CLIENTs will achieve the same results.

CHOICE OF LAW/VENUE

This AGREEMENT is governed and interpreted in accordance with the laws of England, Scotland & Wales without giving effect to any principles of conflicts of law. 

The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in England, Scotland & Wales. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.

SURVIVABILITY

The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of Fees owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have survive, shall survive the termination of this AGREEMENT for any reason.

SEVERABILITY

If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.

REFUNDS

No Guarantees are offered and anything that you may not understand immediately should fall into place in time.

Due to the work that Alison undertakes prior to a scheduled session, there are no refunds available. Alison will always endeavour to reschedule a client if the cancellation is received 72 hours or more before the scheduled appointment. However should the rescheduled session then be cancelled by the client there will be no other session rescheduled.

There are no refunds for fees, courses, services, books, downloaded material or products once bought and no other refunds. Should a payment plan be in place then the purchaser will pay all remaining payments at the agreed times. 

Terms of Use 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. Your access to and use of this website, as well as all related websites operated by Alison Smith & alisontheastrologer.com (previously wodenegg.com) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use” & “Purchase Terms”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

This website is aimed at over 18 year olds.

LEGALITIES:
Each individual person has free will and is free to decide if and when to make choices relevant to their forward movement through life. Please be aware that all information and services provided by and on this website does not in any way offer medical, financial, legal, personal or any other type of professional advice and is provided for entertainment purposes only.

SECURITY:
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to us, you accept that you do so at your own risk. Please also refer to our Privacy Policy. 

REFUNDS

No Guarantees are offered and anything that you may not understand immediately should fall into place in time.

Due to the work that Alison undertakes prior to a scheduled session, there are no refunds available. Alison will always endeavour to reschedule a client if the cancellation is received 72 hours or more before the scheduled appointment. However should the rescheduled session then be cancelled by the client there will be no other session rescheduled.

There are no refunds for courses once bought and no other refunds.

Referrals & Affiliates

Alison is affiliated and offers referrals for certain products and services for which she may receive compensation should you purchase through her links. 

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Alison Smith, alisontheastrologer and wodenegg and thetubecat are the property of the Companies and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name alisontheastrologer & wodenegg & tubecat, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site. We will always keep your personal information safe. We ask for your information in exchange for a valuable resource in order to (a) improve your browsing experience by personalising the Totally Fabulous Academy site to your needs; (b) send information to you that we think may be of interest to you by email or other means; (c) send you marketing communications that we think may be of value to you.

9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Paypal or Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

14. This agreement shall be governed by and construed in accordance with the laws of the England and Wales, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Last Updated: May 2019

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