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Terms and Conditions

The following are the terms and conditions (the “Terms”) under which you (a “User”) may use any of the web sites of Jan Winhall (referred to as the “Company”) at https://janwinhall.com/ (any or all of which are herein referred to as the “Web Site”). Please read this page carefully. By accessing and using the Web Site, you accept and agree to be bound, without modification, limitation or qualification, by the Terms. The Company may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.

Your use of the Web Site means that you must also comply with the Company’s Privacy Policy (available at https://janwinhall.com/privacy-policy, which includes its Cookie Policy, the COURSES TERMS AND CONDITIONS and the DOWNLOADABLE AND STREAMING DIGITAL PRODUCTS TERMS AND CONDITIONS (below section 9)where applicable.

Your use of the website constitutes your agreement to all terms, conditions and notices contained herein or otherwise posted on the website. The content of such agreement, inclusive of the terms and all such additional conditions and notices are together referred to herein as the ‘Agreement’. If you do not accept any of the provisions of the agreement do not use the website.

Section 1. Eligibility  

The Web Site is intended for use solely by those who are at least 18 years old or over.  Any registration by, or use of, or access to the Web Site by anyone else is unauthorised and in violation of this Agreement.  By using the Web Site, you represent and warrant that you meet these requirements, that you will abide by the Agreement, and that your use of the Web Site does not violate any applicable laws or regulations.

Section 2. The Material on the Web Site  

Some of the content of the Web Site is not intended for minors. If you allow your child to use your computer, it is your responsibility to determine whether any of the services, content and subject matter displayed on the Web Site is inappropriate for your child, and to control the child’s use of the computer accordingly. If you yourself find offensive content of the type referred to above, you should not use the Web Site.

The contents of the Web Site, including but not limited to any text, graphics, images, audio, video, data, coding, scripts, computer programs and other material (“Material” or “Materials“), are protected by copyright under the laws of Canada, United Kingdom and United States as well as other countries, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company. Neither the availability of, nor anything contained within the Web Site shall be construed as conferring any license under any of the Company’s or any third party’s intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, estoppel or otherwise.

Unauthorised use of the Material may violate copyright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the Material (including, without limitation, preparation of summaries of the Material or “thumbnails” of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material or any portion thereof on any other web site, or in any publication, database, catalogue or compilation, or in a networked computer environment for any purpose other than personal browsing of the Web Site without the express prior written permission of the Company is strictly prohibited. With respect to any copy you make of the Material within the scope of the limited personal license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Material. Some of the Material may contain digital “watermarks” to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks. The trademarks, logos and service marks (the “Marks“) displayed on the Web Site are owned by the Company or third parties. You are prohibited from using the Marks without the express, prior written permission of the Company or such third party. If you would like information about obtaining the Company’s permission to use the Material on your web site, please email jan@xjanwinhall.com

If you violate any provision of the Agreement, any terms or policies to which it refers or any applicable law, your permission to use the Material and the Web Site automatically terminates and you must immediately destroy any copies you have made of the Material.

The Company respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
  • a description of the copyrighted work that you claim has been infringed
  • a description of where the Material that you claim is infringing is located on the site
  • your address, telephone number, and e-mail address
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Section 3. Privacy; User Submissions
The Company is committed to maintaining your privacy. The Company does, however, gather certain information that you provide to the Web Site. For information regarding the Company’s policies for using User information please read our Privacy Policy (available at https://janwinhall.com/privacy-policy).

The Company may provide certain areas of the Web Site (such as comments, chat rooms, message boards or other facilities) designated as open to public access or to our Users at large (each of which is referred to herein as a “Public Area“). Generally, any communication that you post to a Public Area is considered to be non-confidential.

By posting communications (including any graphic or multimedia content) or submissions to any Public Area, you automatically grant the Company a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, and publicly display the communication and any trademarks, names or likenesses therein alone or as part of compilations or other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. (Provisions conferring similar rights on the Company may apply under separate terms or agreements with respect to certain matter submitted other than in Public Areas; you should check the applicable agreements or terms provided by the Company in order to ascertain your rights.)

The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do any of the following things while accessing or using the Web Site or using the Material: (1) post or transmit any material unless you are the owner of all patent, trademark, copyright, trade secret or other proprietary rights (“Rights“) therein, or have the permission of the owner of the Rights to post or transmit such material to the Web Site; (2) post material that otherwise violates any Rights of any third party or violates or infringes on the privacy or publicity rights of third parties; (3) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, libelous, embarrassing or otherwise objectionable to another User or any other person or entity; (4) post sexually-explicit language or images; (5) post advertisements or solicitations of business; (6) post or transmit any chain letters or pyramid schemes; (7) impersonate another person or entity; (8) intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Web Site or the Material; (9) post or transmit any information containing a virus or other harmful component; or (10) collect or store any personal data about other users in connection with the prohibited conduct and activities set out above.

If notified by a User of communications that allegedly do not conform to any term of this Agreement, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to Users for performance or non-performance of such activities. The Company reserves the right, in its sole discretion, to expel Users and prevent their further access to the Web Site for violating this Agreement or the law. The Company also reserves the right at all times to disclose any information as necessary or deemed desirable by the Company to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

THE COMPANY DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS POSTED BY OTHER USERS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED BY OTHER USERS WILL BE AT YOUR OWN RISK.

Section 4. Registration, Passwords and Signatures
In consideration of your use of the Web Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form that you may fill out on any Web Site (such information being the “Registration Data“) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or the Company has grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof).

You may receive a password and/or account designation, or a digital signature upon completing the registration process on the Company’s Web Site. You are responsible for maintaining the confidentiality of any such password, digital signature and account, and are fully responsible for all activities that occur under your password, digital signature or account. You agree to (a) immediately notify the Company of any unauthorized use of your password, digital signature or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Section 5. Links to Other Sites
The Web Site may contain links to third-party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

Section 6. Liability Disclaimers
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Any use of the Web Site and the Material is at your own risk. Advice received via the Web Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Changes are periodically made to the Web Site and may be made at any time. Some Material on the Web Site is provided by third parties and the Company shall not be held responsible for any such Material provided by third parties.

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION, OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY DEPENDING ON YOUR STATE/JURISDICTION.

Section 7. Disclaimers of Certain Damages
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY PROVISION OF THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT OF THAT USER’S USE OF THE WEB SITE. IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY SUCH THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Section 8. Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the Material (including Software), the Web Site, your breach of this Agreement, or your violation of law or of the rights of any third party. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.

Section 9. General
The Company makes no claim that the Materials are appropriate for any particular purpose or audience, nor does it make a claim that the Web Site can be accessed by those (or that the Materials may be downloaded outside of) Canada, the United Kingdom and the United States (and any other applicable jurisdiction). Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of Canada, the United Kingdom or the United States, you are responsible for compliance with the laws of your jurisdiction, as applicable.

The Web Site is based in Ontario, Canada. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of Ontario, Canada applicable to contracts entered into and performed within Ontario, Canada without respect to its conflict of laws principles. By using the Web Site, you agree that the exclusive forums for any claims or causes of action arising out of your use of the Web Site shall be the courts for or within Ontario, Canada. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement constitutes the entire Agreement between you and the Company with respect to the use of the Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.

DOWNLOADABLE AND STREAMING DIGITAL PRODUCTS TERMS AND CONDITIONS

1. License and Use

Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and/or access that product for the purpose of your own personal use and reference, and in the case of downloadable digital products, print or convert the product to an image or vector format for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.

2. Intellectual Property

The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

3. Refunds and Chargebacks

Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.

4. Warranties and Liability

We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

5. General

These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products and streaming digital products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. 

COURSES TERMS AND CONDITIONS

All terms and conditions outlined below apply to all registrations onto our courses.

1. Eligibility

You (as Registrant) must be 18 years of age or older to participate in a Jan Winhall Course. You will need sufficient fluency in the language in which the Course is presented.

2. Payment / Registration

The fee for the Course (the “Fee”) must be paid in full at the time of purchase. Purchase is not complete until Jan Winhall has received such full payment of the Fee. You are responsible for non-payment, even if the Fee is being paid by a third party. After successful purchase, you will receive an e-mail from Jan Winhall acknowledging your completed purchase for the Course.

Courses will be billed in United States Dollars (USD). Accepted payment methods are MasterCard, Visa, American Express, and Discovery.

You agree to provide accurate and complete information. Submission of your details and full payment of the Fee constitute your acceptance of these Terms and Conditions.

3. Cancellations and Refunds

Prior to 7 days

You have the right to cancel your contract with Jan Winhall at any time before 7 days of the commencement of the Course. You will receive a full refund of any payments you have made, minus any third-party transaction fees Jan Winhall incurs from Jan’s payment service providers incurred during your purchase from our website.

Within 7 days

You have the right to cancel your contract with Jan Winhall at any time within 7 days of the commencement of the Course. You will receive a partial refund of 80% of payments you made, minus any third-party transaction fees of Jan Winhall’s payment service providers incurred during your purchase from our website.

If you cancel your registration in an Course at any time after the course has commenced, you will not be entitled to any refund, except in exceptional circumstances, at the discretion of Jan Winhall. If a refund is granted to you, an administration fee may be charged.

To cancel, please inform us in writing by email to the [email protected]. Please write the name of your course in the subject-line of your email.

Cancellation by us

Jan Winhall reserves the right to cancel the Course by giving you notice in writing (including by email) at any time before the course is due to start. Jan Winhall will refund all fees paid by you and if possible, will endeavour to offer a transfer to another course as an alternative, subject to payment or refund of any difference in purchase price.

Jan Winhall’s liability when it cancels an Course will be limited to a refund of the Fee or any other charges paid for the cancelled Course. For partial cancellation of an Course, such refunds will be made on a proportionate basis. All dates are subject to change, however notice of such change will be given and refunds will not be issued for any rescheduled class.

You should allow up to 6 weeks for the credit to appear on your credit card statement.

4. Course Content

The course description is intended to indicate only the general nature of the course and does not guarantee content. Jan Winhall reserves the right to amend the course and alter details at its discretion.

Jan Winhall is not responsible if you fail to meet the Course requirements and you should ensure that you allocate sufficient time to allow you to successfully complete the Course. Refunds are only available as set out in section 3 above.

5. Student Conduct

By continuing to access or use the Course and the website janwinhall.com (the “Website”), or any content located via the Course and/or on the Website, you signify your acceptance of the below terms. Jan Winhall may modify these terms and conditions from time to time.

Jan Winhall may grant you a limited license to access and use the content located via the Course and/or on the Website in connection with a Course you are enrolled in. As a condition of such license, you agree that:

•All materials – including but not limited to text, photographs, video, audio, images and any other content – appearing via the Course and/or on the Website are protected by copyrights and/or other proprietary rights belonging to Jan Winhall’s and/or other third parties. You agree to abide by all applicable laws regarding copyrights, trademarks, publicity rights and privacy rights in the US, UK and any other jurisdiction from which you are accessing the Website.

•You may not copy, reproduce, duplicate, distribute, disseminate, publish, post, display, perform, modify, create derivative works from, upload to, transmit, or in any way exploit any content from the Course and/or on the Website. You may not sell or offer for sale any of the content, or allow third parties to access it, or use such content to construct any kind of database. You may use the content from the Course and/or on the Website only for personal, non-commercial use.

•Any violation of these terms may result in your expulsion from the Course and/or Jan Winhall, and you may be subjected to fines and penalties.

You agree to maintain the security of any user name and password required for accessing the Course. You will notify us promptly if you become aware of any unauthorized use of your username and/or password.

Jan Winhall makes no claim that the Course content is appropriate for any particular purpose or audience, or that it may be downloaded from all countries, as access to the Course may not be legal by certain persons or in certain countries. When accessing the Course and/or the Website, you are responsible for compliance with the laws of your jurisdiction.

Jan Winhall reserves the right to remove you from the Course and/or the Website if you do not respect these guidelines, Jan Winhall staff and/or fellow students.

6. Data Protection

By registering with Jan Winhall and by paying the fees, you agree to Jan Winhall collecting and using your personal data. This will be done in accordance with the Data Protection Act 1998 and Jan Winhall’s Privacy Policy, available at https://janwinhall.com/privacy-policy.

7. Technology Requirements

Especially when a Course is online, it may be facilitated through Zoom and other platforms and online learning management systems. It is your responsibility to ensure that you have the proper hardware and software requirements, along with access to the internet, to be able to participate in the course. You will need to ensure you have the proper technology at the time of purchase as will be provided with the course details.

Jan Winhall is not be responsible for any errors or failures in relation to your ability to access the Course, the Website or any related materials, including where such errors or failures are caused by: (i) a loss of connection on Jan Winhall’s or your end; (ii) a breakdown or problems with the online software and/or (iii) a breakdown or problems with your internet connection, computer or system.

Last modified 2022-7-5

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