Terms & Conditions

Updated 29 JANUARY, 2020

 

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before accessing, browsing, or using the Website and/or utilizing the Life Coaching Service (the “Services). Your access to the Website and use of the Services is conditioned on your acceptance of and compliance with these Terms and all other Company legal documents.

These Terms apply to all Visitors, Users and others who access or use the Website or utilize the Services, or any other ancillary and/or connected service. By accessing or using the Website or participating in the Services you agree to be bound by these Terms. If you disagree with any part of the terms, you should contact the Company to make specific modifications in writing or you may not access the Website or participate in the Services.

House of Her, is a sole proprietor based in London, United Kingdom

  1. Definitions
    1. The definitions and rules of interpretation in this clause apply in this Agreement

 

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Means the account of a User with the Company, which is created when a User registers.

 

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Ancillary documents to this Agreement, which are attached to the end of this document

 

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Means the continual marketing of all relevant goods and services

 

“Business Day”

 

Any day (other than Saturday and Sunday) when the banks are generally considered open for business.

 

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Means communication by means of electronic transmission, including by telephone, any type of messaging service, internet connected or wireless computer access, e-mail or any similar technology or device

 

“Confidential Information”

 

All Information, including all specifications, designs and information provided by the Company.

 

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The charges in respect of the Services set out within these Terms and Conditions

 

 

 

“Industry Standard Practice”

 

The Standard Business Practices within the specific Industry and within the United Kingdom.

 

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“Notice” shall mean an instrument in writing, unless otherwise prescribed.

 

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The address of the web page within the Internet.

 

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Referred to the individual enter or participating in the Website or utilizing the Services, also referred to as “You” or “Your”.

 

“User Engagement”

 

The degree to which a visitor has engaged with the Website or Services.

 

“Website Usability”

 

How easy it is for visitors to use a Website.

 

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How accessible the Website is.

 

  1. Company Services
    1. The Company provides Users with information and services for relating to Life Coaching.
    2. The Company offers Life Coaching Services which includes, but is not limited to;
      1. Hourly Group Dynamic Life Coaching Classes on a Weekly basis,
      2. On-going Life Coaching Group Discussion and Participation through online social platforms,
      3. Weekly Life Coaching Tutorials with User Engagement,
      4. Interactive Audio Life Coaching Programs,
      5. Digital Newsletters,
      6. Private One-on-One Life Coaching Services.
    3. Users shall be notified of the full details of the Services provided by the Company.
    4. At the discretion of the Company, the Company shall release, modified or reschedule all Services without providing prior written notice.
      1. All Content and Materials contained within the Website and the Services are personal opinion and for general information purposes only and should not be construed in any event to be construed as medical advice.
  2. Use of the Website
    1. Participation in all Services requires the registration of User Account (Clause 4).
    2. All content is subject to change without notice.
    3. The Website uses Cookies to monitor browsing preferences, Users should refer to our Cookies Policy.
    4. Neither we nor any Third Party, provide any Warranty or Guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in the Website or Platform for any purpose.
    5. The User acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
    6. This Website contains material which may be either owned by or licensed to us.
      1. These materials includes, but not limited to, the Services, information, design, layout, look, appearance and graphics.
      2. Reproduction is strictly prohibited unless otherwise agreed in writing.
    7. Unauthorised use of this Website or Platform may give rise to a claim for damages and/or be a criminal offence.
    8. From time to time this Website may also include links to other websites. These may come in the form from the community who are not directly connected to the running of the Website.
      1. These links are provided for your convenience to provide further information.
      2. They do not signify that the Company endorses the website(s).
      3. The Company accepts no responsibility for the content of the linked website(s).
  3. User Accounts
    1. Utilizing Company Services are dependent on the creation and approval of a User Account.
    2. The Company reserve the right to require KYC checks to be completed before a User Account is created.
      1. The Company reserves the right at any time and at the Companies absolute discretion, to perform additional KYC & AML checks before initiating any transfer of funds.
    3. Utilizing the Company services are entirely at the Users own risk.
    4. The Company may any time, temporarily or permanently, disable all services for technical reasons or otherwise.
      1. It is at the Companies discretion to provide notice.
    5. By opening an account with the Company, the User acknowledges and accepts that:
      1. The Company is not providing any form of medical advice.
    6. When opening an account with us, the Users warrants and represents that:
      1. They are at least 18 years of age with the full capacity to accept these terms and conditions,
      2. They have the full legal power to enter into a transaction for the creation of the User Account.
      3. They have understood and will comply with all the Website legal documents including these Terms and Conditions, all other legal documents, licences, consents, registrations, authorisations, and exemptions necessary.
      4. Any information the User provides to the Company, at any time, will be true and accurate in all respects.
      5. The User is not using, and will at no time use our Services for any illegal or contrary act to any law or regulation in force in the United Kingdom or in any jurisdiction in which you are resident at the time when the transaction is entered into.
      6. The User shall promptly notify the Company in writing if they believe within reason,that the Website or Services do not function as intended.
  4. User Registration
    1. User Registration shall be applied through E-Mail to the following address:

admin@houseofher.com.

  1. When registering an Account the User must satisfy the KYC verification procedure.
  2. User Registration requires the complete full and accurate detail for the creation of a User including but not limited to the input of the Users;
    1. First name,
    2. Last name,
    3. Permanent address,
    4. E-mail address,
    5. Telephone number,
    6. PayPal / Banking Details,
    7. Selection of a username and password.
  3. The User consents to the Company holding copies of identification documentation.
  4. The User is responsible for keep all information safe and be the representative of the Account you create, the Company holds no responsibility.
  5. The Company is not obliged to open an account for any User and may refuse any application for any reason without providing the reason for the decision.
    1. The Company may also impose restrictions as a condition of agreeing to open an account for you.
  6. Upon successful User registration, Users will be granted access to the related Courses, group coaching or Digital Newsletter and the ability to apply for Services.
  7. Services may require the creation of separate accounts with Social Media Platforms in which the Company holds no responsibility.
  1. User Obligations
    1. The User agrees;
      1. That they shall participate and contribute in a fair and respectful manner within the Online Group and Events with other Users and the staff of the Company.
      2. Due to the nature of group activities and teachings, a response from the Life Coach within Group related activities should not be expected and is not guaranteed.
      3. That you will have access to confidential information related to the Company and from all other Users which should be strictly held as confidential and shall not be shared or copied in any method or capacity.
      4. That all information they provide from the User, including photographs, comments, social media comments, statements, ratings and all interactions with the Company and the through participation in the Services, can be used reasonably by the Company as promotional materials.
    2. The User shall ensure that such information, data and documentation is complete and accurate in all material respects.
    3. The User shall notify the Company of any changes to the information, data and documentation it provides to the Company where relevant.
    4. Where the User is required to comply with any third party website owner's policy or similar rules or regulations, the User agrees that it shall provide the Company with all reasonable assistance in ensuring that it is able to comply with the same.
      1. If at any time after we have opened your account, we become aware that any of the warranties and representations you have made is untrue, the Company reserve the right, without notice to you, to cease processing any transactions for you, immediately close your account and take such further action at our absolute discretion.
    5. The User is responsible for keeping their email address and telephone number up to date in order to receive any notices or alerts the Company may send.
    6. The User is fully responsible for all activity that occurs under their User Account.
  2. Financial, Payment & Cancellation
    1. User Accounts cost GBP£197 per month for VIP Gold membership, GBP £67.00 per month for Gold membership or GBP £37.00 per month for Ruby membership.
    2. User Accounts are automatically Renewed and charged GBP £197.00, £67.00 or £37.00  (depending on membership level) every 30 (thirty) days.
    3. User Account fees are payable upon creation.
    4. It is the Users obligation to cancel their membership by sending a Written Notice (via email) to the Company at least 7 (seven) days prior to the automatic Renewal.
    5. The User is required to satisfying all payments using the prescribed forms to the Company PayPal/Stripe account.
      1. The prescribed forms and Company PayPal/Stripe details will be displayed on Website or will be provided via e-mail.
      2. Once the payment arrives and clears at the Company account, the Users Account will be processed.
        1. The Company can only accept funds from an account in a name which corresponds to the details supplied to us during the KYC verification process.
          1. If funds arrive to the Company from an account not in the Users registered name, the Company will ask you to provide evidence of your association to the account and authorisation. If the funds are sent from a join account you must inform us in advance to sending the funds, we reserve the right, at our absolute discretion to require a KYC verification on the other account holder before proceeding with any order.
    6. It is the Users responsibility to pay the correct payment amounts.
      1. If the Users pays less than the payment amount received for their order the company reserves the right to either cancel the order or refund the payment amount.
    7. If the User pays over the payment amount required, the Company will carry forward to additional amounts to the following payment cycle.
    8. The Company reserves the right to cancel and refund, at the discretion of the Company, any orders with false, or seemly false, customer information, including incorrect or invalid name, address, nationality, or ID numbers.
    9. The Company cannot be held responsible for any delay in payment arising from additional checks, from the halting or the return of funds by PayPal, any bank or payment institution.
    10. The Company cannot be held liable if the User provides incorrect information, including PayPal or Bank account.
    11. The User cannot hold the Company be responsible for any loss caused by any delays in the crediting of, or failure to credit, your bank account.
    12. All Charges are exclusive of VAT.
  3. Company Events
    1. All Users attending an Company Events agree;
      1. To abide by all written, spoken and/or posted rules of the Company, as well as all written and/or posted rules of the venue.
      2. To comply with all direction, instruction and decision of the Company, it’s agents and venue personnel.
      3. Not to challenge these rules, directions, instructions, or decisions on any basis at any time.
      4. That Company and any venue personnel may immediately remove from the event any User who disobeys any rules, directions, instructions, decisions, or laws, or whose behaviour endangers safety or negatively affects a person, facility, or property of any type or kind.
      5. Not to bring or consume alcohol during Events.
      6. To use the parking facilitates made available in a responsible manner.
        1. It is not the duty of the Company to provide parking space.
      7. Not to bring Clothing, Props or Equipment which pose an unnecessary direct risk to other Participants or are hazardous, as will be determined by the Company Event staff.
      8. To abide by all laws, civil and criminal, including Traffic Laws.
      9. That any and all photographs, motion pictures, recordings, and/or likenesses captured or taken during the Company event by Company, affiliated entities or contractors become the sole property of Company.
        1. The User grants the right, permission and authority to Company to use their name and any such photographs, motion pictures, recordings, and/or likenesses for any legal purpose, including but not limited to promoting, advertising, and marketing activities.
        2. The User further acknowledges and agrees that Company, as sole owner, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.
      10. They are or will be of at least 18 years of age by the date of the Company event.
        1. All Users under the age of 18 years of age by the date of the Company Event require signed consent from their parent or legal guardian to participate in the COMPANY event.
  4. Event Liabilities
    1. All Users acknowledge and understand that participating in Company Events can be a physically and/or mentally arduous activity.
    2. All Users acknowledge and agree the Company may, in its sole discretion, delay, modify, cancel and change the date of any event.
    3. All Users acknowledge and agree that in addition to the general risk of injury and/or death, including but not limited to exposure to the following risks;
      1. Injury,
      2. Concussion,
      3. Cuts and abrasions,
      4. Burns,
      5. Fractures,
      6. Dislocations,
      7. Vehicle accident and,
      8. Physical exertion and exhaustion generally.

 

  1. All Users acknowledge and warrant that they are in good health and in proper physical condition to safely participate in Company Events.

 

  1. All Users certify that they have no known physical or mental conditions that would affect their ability to safely participate in a Company Event, or that would result in a User’s participation creating a risk of danger to themselves or to others.

 

  1. Company’s Duties & Responsibilities
    1. To provide truthful and complete information and to keep the Website, products, Services and all prices updated.
    2. To provide reasonable Customer Support.
    3. To provide all necessary documentation regarding Payments.
    4. The Company cannot guarantee that a particular Event, Product or Service will always be available.
    5. At the discretion of the Company, the Company reserves the right to remove any User and terminate their User Account without having to disclosure any detail or information.
  2. Disagreements
    1. If a User has a dispute with the Company or one or more other User, the situation will be reviewed by the Company staff.
      1. Company staff will have final word on the matter with unrestricted power.
    2. In all cases, each User agrees to release the Company, the Website, and all those connected to the Website and the Company from all liability, claims, demands, and damages (actual and consequential) of every nature and kind, known and unknown, arising out of or in a way connected with any disagreements.
  3. Privacy
    1. All Users agreed to and are obliged to seek out, read and understand the separate Company, the Website Privacy & GPDR Policy and Disclaimer.
  4. Warranties
    1. The User warrants that they have permission to participate in the Website and all Services provided by the Company.
    2. The Company warrants that:
      1. It shall provide the Services:
      2. In accordance with the Terms and Conditions set herein;
      3. In accordance with any and all applicable laws, regulations and statute;
      4. With reasonable care and skill; and
      5. In accordance with generally recognised commercial practices and standards; and
    3. This Clause shall not apply to the extent that any failure of the Website and Services to perform substantially in accordance with the specification is caused by any act or omission of the User or any third party (including but not limited to any third party website owner).
    4. These Terms and Conditions along with all other legal documents available on the Website set out the full extent of the Company’s obligations and liabilities in respect of the supply of the Services.
    5. All conditions, warranties or other terms concerning the Services which might otherwise be implied into these Terms or any collateral contract (whether by statute or otherwise) are hereby excluded.
  5. Indemnity
    1. Users will indemnify the Company harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of Users breach of this agreement, or member’s violation of any law or the rights of a third party.
  6. Notice
    1. Any notice given under these Terms shall be in writing and delivered personally or sent by or email to the following address:

admin@houseofher.com

  1. A notice is deemed to have been received at the time of transmission.
  1. Confidentiality
    1. Each party shall protect the Confidential Information of the Company and all other Users against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care.
    2. Confidential Information may be disclosed by the Company to its employees, affiliates and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.
    3. The obligations set out in this clause shall not apply to Confidential Information which the receiving party can demonstrate:
      1. Is or has become publicly known other than through breach of this clause;
      2. Was in possession of the receiving party prior to disclosure by the other party;
    4. Was received by the receiving party from an independent third party who has full right of disclosure;
      1. Was independently developed by the receiving party; or
      2. Was required to be disclosed by governmental authority.
    5. When the Company is legally obligated company will disclose confidential information with law enforcement, taxation authorities, data protection authorities, government officials and other regulatory authorities, we will comply at our absolute discretion and without notice to the User.
  2. Data Protection
    1. The User acknowledge that the Company may process personal data in relation to you, if you are an individual, and personal data that you have provided, or in the future provide, to us in relation to your employees and other associated, or other individuals (if you not an individual), in connection with the Website or the Services. The Company will process this personal data in accordance with the Privacy & GDPR Policy. Accordingly, you represent and warrant that:
      1. Your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed,
      2. Before providing any such personal data to us, you acknowledge that you have read and understood our Privacy & GDPR Policy, a copy of which is available on the Website, in the case of personal data relating to an individual other than yourself, have, or will at the time of disclosure have, provided the individual with a copy of, or directed the individual towards a webpage containing that Privacy & GDPR Policy, as amended from time to time,
      3. If from time to time we provide you with a replacement version of the Privacy & GDPR Policy, you will promptly read that notice and provide updated copies of the Privacy & GDPR Policy to, or re-direct towards a webpage containing the updated Privacy & GDPR Policy, any individual whose personal data you have provided to us.
  3. Breach
    1. If a User is in breach of any terms of this Agreement, the Company reserves the right to terminate their User Account and remove them from participating in all Services, at the discretion of the Company, without the need to provide information or detail.
  4. Tax
    1. It is the Users sole responsibility to determine and report any taxes from all transactions conducted through our Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
  5. Amendments
    1. The Company reserve the right to amend or change all legal documents, including these Terms and Conditions, at any time without notifying the User.
      1. If the Company provides notification it will be provided by email,
    2. The Users continued use of the Website and Services shall constitute acceptance of any such amendments.
  6. Severability
    1. If any provision of these Terms and Conditions is, or becomes (whether or not pursuant to any judgment or otherwise) invalid, illegal or unenforceable in any respect under the law of any jurisdiction the validity, legality and enforceability under the law of that jurisdiction of any other provision; and the validity, legality and enforceability under the Law of any other jurisdiction of that or any other provision, shall not be affected or impaired in any way thereby.
    2. If any provision of these terms and conditions shall be held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from this Agreement and shall be deemed to be deleted from these terms and conditions and the validity, legality and enforceability of the remaining provisions shall not be affected.
  7. Relationship of the Parties
    1. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or the Company to be treated as partners or joint ventures, or either you or the Company to be treated as the agent of the other.
  8. Liability
    1. The Website is in no way accountable, liable or responsible for the actions or words of any of the users. All Users are obliged to seek out, read and understand the separate Company Legal Documents, including the Disclaimer Policies and Privacy & GDPR Policy.
    2. All those involved in the Website do not accept any Responsibility whatsoever for the Misrepresentation, by any person whatsoever, of the information contained in this  Website and expressly disclaims all and any Liability and Responsibility to any person, whether a reader or not, in respect of injury, claims, losses, damage, death or any other matter, either direct or consequential arising out of or in relation to the use and reliance, whether wholly or partially, upon any information contained or products referred to on the Website.
    3. The Company provides information sourced from a wide variety of Third Party individuals, companies and organisations. The use of this information by The Company should not be construed as sponsorship, endorsement or approval of such organisations. The Company provides links to other external Third Party websites, in providing such links The Company does not accept responsibility for or endorse the content of any linked site. In no event shall the Company be held liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use of information on the Company’s web site, even if the Company, or a Company authorised representative has been notified orally or in writing of the possibility of such damage.
    4. Nothing in these Terms shall operate to exclude or limit either party's liability for:
      1.  Death or personal injury caused by its negligence;
      2. Fraud; or
      3. Any other liability which cannot be excluded or limited under applicable law.
    5. Neither party shall be liable to the other for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
    6. Subject to this Clause, each party's aggregate liability in respect of claims based on events in any calendar year arising out of or in connection with these Terms or any collateral contract shall in no circumstances exceed 125% of the total Charges payable by the User to the Company under these Terms, or such other amount as may be set out in the Specification.
    7. The Company shall take out and maintain such insurance policies as may be set out within these Terms and Conditions.
  9. Intellectual Property
    1. You must acknowledge and agree that the Website, regarding any software that may be used in connection, shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by the Company or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on the Company, the Website, in whole or part.
    2. You must acknowledge, understand and agree that all of the Companies, the Websites, trademarks, copyright, trade name, service marks, and other logos within the Website and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of the Company. You must not to display and/or use in any manner the Company, the Website logo or marks without obtaining the Companies prior written consent.
    3. Unless otherwise stated, the Company (or its licensors) own all Intellectual Property Rights in the Services and all material it provides to the User. Use of this material is permitted only where expressly authorised by the Company but the Company hereby grants the User a non-exclusive licence of such Intellectual Property Rights for the purpose of operating the Store and Listing Template.
    4. The User shall retain the Intellectual Property Rights in any and all materials provided by it to the Company. However, the User shall grant to the Company a non-exclusive, royalty-free licence to use such material as far as is necessary for the Company to carry out the Services (and for no other purpose). The Company shall cease use of any and all materials provided by the User upon the termination of expiry of this Agreement.
    5. The User shall indemnify the Company against all damages, losses and expenses arising as a result of any action or claim that the information, documentation or materials the User provides infringes the Intellectual Property Rights of a third party.
    6. The Company shall indemnify the User against all damages, losses and expenses arising as a result of any action or claim that the Store and Listing Template or any information, documentation or materials the Company provides infringes any Intellectual Property Rights of a third party other than infringements referred to this Clause where the action or claim arises out of the Company’s compliance with any designs, specifications or instructions provided by the User.
    7. The indemnities within this Clause are subject to the following conditions:
      1. The indemnified party promptly notifies the indemnifier in writing of the claim;
      2. The indemnified party makes no admissions or settlements without the indemnifier's prior written consent;
      3. The indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and
      4. The indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.
  10. Assignment
    1. User Accounts are personal to the individual and cannot be transferred or assigned any rights, licenses, interests and/or obligations to anyone else.
    2. The Company may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving the Company, provided that this transfer or assignment does not materially impact the quality of the Company Services received.
  11. Change of Control
    1. In the event that the Company is acquired by or merged with a third party entity, the Company reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you as part of such merger, acquisition, sale, or other change of control.
  12. Dispute Resolution & Arbitration
    1. Should any dispute, disagreement or claim (hereinafter known as the “Dispute”) arise between the Parties concerning, the Parties shall try to resolve the dispute by negotiation.
      1.  Negotiation includes one party inviting the other, in writing, to a meeting and to attempt to resolve the dispute within 7 (seven) days from date of the written invitation.
      2. The meeting can be conducted in person or through any means of Communication.
      3. If the receiving Party is unable for reasonable reasons, they must contact and inform the other Party as soon as possible and attempt to arrange a date in the reasonable future.
    2. If it has not been possible to resolve a dispute through the dispute process set out in, any dispute arising out of or in connection with the Website, including any question regarding the existence, validity or termination of this Agreement, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the London Court of International Arbitration ("LCIA").
    3. The tribunal shall consist of a sole arbitrator, unless the LCIA determines that, in view of all the circumstances of the case, a three-member tribunal is appropriate. The place and seat of the arbitration shall be London, England. The language to be used in the arbitration proceedings will be English. The decision of the arbitrators will be final, binding and enforceable against you and us, and a judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction. In no event will the arbitrators have the authority to make any award that provides for punitive or exemplary damages.
    4. The User will pay all the arbitration fees due to LCIA for any Dispute. If you are legally entitled to recover legal fees in relation to any claim, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, the Website will not seek to have you pay its legal fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous.
    5. The parties agree to keep confidential all matters relating to the arbitration, including related court proceedings, to the greatest extent practicable. For purposes of this arbitration provision, references to the parties also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorised users or beneficiaries of the Website.
  13. Governing Law
    1. These terms shall be governed by and construed in accordance with the laws and courts of England and Wales.

 

 

 

 

 


House of Her