TERMS OF USE

Welcome to the Platform known as https://louise-lambert.mykajabi.com/. These Terms of Use govern your visit and use of the Platform and form a binding agreement between the Company and yourself.

 

Capitalised terms have the following meanings:

 

Company	means Happiness Matters FZ LLE, an entity incorporated under the laws of UAE under licence number 19275/2024 that manages the Platform and offers the Program through the Platform, having email address [email protected];
Community Guidelines	means the rules, standards and expectations established by us from time to time, to govern the behaviour and conduct of Users while interacting with the Platform, including but not limited to communication with other Users and participation in any activities or forums available on or through the Platform;
Personal Data	means any data relating to an identified natural person, or one who can be identified directly or indirectly by way of linking data, using identifiers such as name, voice, picture, identification number, online identifier, geographic location, or one or more special features that express the physical, psychological, economic, cultural or social identity of such person;
Platform	means the website with URL https://louise-lambert.mykajabi.com/, managed by us;
Program(s)	refers to the structured self paced course available on the Platform, offered for a duration of twelve (12) months  as determined at our discretion.
Submissions	refers to content, including but not limited to comments, reviews, feedback, suggestions, photographs, videos, articles or other materials;
Terms of Use	means these terms that govern the use of the Platform and form a valid and binding contract between us and you;
Third-Party Sites	means any third-party website or platform;
User(s)	refers to individuals and corporates who have successfully enrolled to a Program offered by us, paid the requisite fees and has been granted access to the exclusive features and content available on the Platform and any additional resources or benefits as determined by us;
Us / We / Our	refers to the Company domiciled in the UAE and its affiliates, subsidiaries and related entities;
UAE	means the United Arab Emirates;
You / Yours	refers to you as a User of the Platform; and
User Account	means the account of a User on the Platform.

 

 

YOUR CONSENT

By visiting the Platform, you confirm that you are at least eighteen (18) years of age, which is legal age to form a binding contract and are not a person or entity barred from entering into contracts under the laws of the UAE or other applicable jurisdiction, and you provide unconditional consent to the Terms of Use. Please be aware that your current and future use of the Platform (in any form or manner) is subject to the Terms of Use. We urge you to read this document thoroughly. You may use certain parts of the Platform in accordance with the licence we provide you. Should you disagree to be bound by the Terms of Use, please do not use the Platform in any way.

 

DESCRIPTION OF THE PLATFORM

The Platform provides Users with access to the Program designed to guide Users on topics related to wellbeing and skills for modern living based on positive psychology research. The Program is available for both individuals and organizations across various sectors, including businesses, healthcare providers, government entities, educational institutions, and entrepreneurs.

 

SITE ACCESS

The Platform may be accessed on a mobile, tablet, laptop, computer, smart devices and other application program interfaces.

 

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable licence to:

1. access and use the Platform solely in connection with its indicated use; and
2. access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal use. Any right which is not expressly granted in these Terms of Use, is reserved by us.

 

The licence we grant you prevents you: 

1. to download or modify any content, or any portion of it, except with prior written consent from us;
2. to use any robots, data mining or similar data gathering and extraction tools;
3. from any derivative use of the Platform or any resale use of the Platform;
4. to upload or transfer viruses, trojans or other harmful elements that may contaminate the Platform;
5. to make any false, fraudulent or speculative reservation or post or listing, transmit any unlawful, infringing, defamatory, threatening, indecent, obscene, pornographic or profane material, comment or content that may constitute or encourage a criminal or civil offence, or otherwise violate any law;
6. to take screenshots of any content on the Platform and disseminate such screenshots in any manner whatsoever; and
7. to copy, reproduce, duplicate, resell or transfer content of the Platform for any commercial purpose without prior written consent from the Platform.

 

You hold responsibility to be fully aware of the laws that govern your relationship with us and use of the Platform. We reserve the right to terminate this agreement without notice, suspend or limit any User Account that we believe violates or circumvents the licence that we grant; cancel any unconfirmed User Accounts or reject your application to register on the Platform.

 

You are solely responsible for the type and level of disclosures of information you make to the Platform. Our commitment to confidentiality is in accordance with our Privacy Policy. The Platform shall not engage with any individual or entity that has international sanctions (including but not limited to trade, military, economic) against them by an international, national or regulatory authority. Kindly refrain from using the Platform if you (or any entity you are part of) are sanctioned by the United States Office of Foreign Assets Control (OFAC), United Nations or UAE or you deal with persons or entities that are sanctioned with any of these organisations. In accessing the Platform, you will not seek to interrupt, interfere or act in any manner whatsoever, contrary to the Terms of Use or the applicable laws of the UAE.

 

USER ACCOUNT

To access certain features of the Platform such as available Programs, Users are required to create an account by providing accurate and complete registration information, including but not limited to their name and email address. Users agree to update their User Account information promptly to ensure it remains accurate and complete.

 

Users are responsible for maintaining the confidentiality and security of their User Account credentials, including their username and password. Users agree to notify us in writing immediately of any unauthorised use of their User Account or any other breach of security. We shall not be liable for any loss or damage arising from a User’s failure to protect their User Account credentials.

 

Users are permitted to use their User Account solely for personal and professional educational purposes in accordance with these Terms of Use. Each User Account is intended for the sole use of the registered User permitted by us.

 

We reserve the right, at our sole discretion, to suspend or terminate any User Account and their access to the Platform at any time, with or without notice, for any reason, including but not limited to a breach of these Terms of Use, suspected unauthorised use or any behaviour that we deem inappropriate or harmful to other Users or the Platform.  

 

In the event of a forgotten password or User Account compromise, Users may use the Platform's account recovery options to regain access to their User Account. We do not guarantee the recovery of any User Account and are not responsible for any loss of data or content associated with a lost or compromised User Account.

 

You may not use the Platform for any purpose that is unlawful or is prohibited by these Terms of Use or applicable laws. You are responsible to know and fully be aware of the laws applicable to you and to this Platform. We are not obligated to advise you on whether or how the use of the Platform may impact you in any manner and this is your sole responsibility.

 

All information contained in this Platform including photographs, videos and descriptions are by way of illustration purposes only and are subject to change. By using this Platform, you waive any claim against us for any inaccuracy in the Platform materials. If you upload any information, photographs, content or illustration on the Platform you warrant and guarantee that you are not violating any third party’s rights, any laws, rules or regulations.

 

USER ACCOUNTS AND PROGRAM ENROLMENT

Individuals and corporates are eligible to enrol in our Program under the following fee structure:

• Individuals: AED 4,499 (Arab Emirate Dirhams Four Thousand Four Hundred Ninety Nine Dirhams Only).
• Corporates: The fee will be determined and communicated directly to the corporate by the Company via email.

Upon successful enrolment, the User shall gain access to a Program covering relevant topics.

Program enrolment is non-transferable and intended for the sole use of the registered User. Unauthorised sharing or distribution of Program access or content may result in the termination of the User Account or Program enrolment, as well as legal action as deemed necessary by us.

We reserve the right to modify, suspend or discontinue any User Account, Program or any part thereof, with or without notice and without liability to the User, subject to applicable laws.

Cancellation requests for Program enrolment must be submitted in accordance with the cancellation policy provided by us and in writing. Upon cancellation, the User’s access to the Platform and Program materials will terminate.

PLATFORM FEATURES

The Platform provides access to educational content designed to promote wellbeing through a structured program. The Program is organized into ten (10) modules, covering topics such as developing a growth mindset, emotional regulation, stress recovery and other key aspects of development. Each module is crafted to deliver practical and actionable guidance to enhance a User’s quality of life.

The content includes written materials, work sheets, videos, discussion forums and quizzes at the end of each module to ensure a comprehensive learning experience. The materials are intended for informational and educational purposes only and are not a substitute for professional medical, psychological or therapeutic advice.

The Platform does not grant academic credit or certification from any accredited institution. Users who successfully complete the Program will receive a certificate issued by Kajabi. This certificate is for recognition of completion and does not represent formal academic accreditation.

SECURITY AND PRIVACY FEATURES

The Platform is committed to upholding a secure and private environment for all Users. To this end, the Platform incorporates features to moderate content and exercise the right to remove or restrict access to Users who contravene these standards. Additionally, the Platform implements measures to prevent the unauthorised dissemination of login credentials and content, thereby safeguarding the intellectual property of the Company and preserving the integrity of the Program.

All Personal Data collected, processed and stored through the Platform shall be handled in strict accordance with the Platform’s privacy policy.

 

PAYMENTS

Users agree to pay all fees associated with Program enrolment as specified on the Platform. All payments are due in full at the time of enrolment and Users shall provide valid and accurate payment information when making any payments through the Platform.

 

Individual User Payments shall be processed through our designated third-party payment processor, Stripe, which may be changed at our discretion. Users may be required to provide payment details, including but not limited to credit or debit card information at the time of enrolment. We do not store Users' payment information on the Platform, and all transactions are subject to the terms and conditions of the respective payment processor.

 

Corporate users are required to make all payments directly to the designated bank account provided by the Company. No other payment methods will be accepted for corporate accounts unless explicitly agreed upon in writing.

 

All fees and charges shall be paid in United Arab Emirates Dirham (AED) unless otherwise specified. We are not responsible for any additional fees, including but not limited to currency conversion fees, imposed by the User’s financial institution or the payment processor.

 

All payments made are non-refundable unless expressly provided otherwise in writing by us.

 

We reserve the right to change the fees associated with Program enrolment at any time. Any such changes shall be communicated to the User in advance and the User's continued use of the Platform following such notice shall constitute acceptance of the revised fees.

 

Any disputes regarding payments must be reported to us within three (3) calendar days following the payment date. Failure to notify us in writing within this period shall result in the User’s full and unequivocal waiver of any claims related to any paid or disputed payment. We shall only be obligated to investigate and resolve any payment disputes brought validly in accordance with these terms.

In the event of any breach of these Terms of Use or any misconduct by a User, we reserve the right to terminate or suspend a User’s Program enrolment without notice and without refund of any fees paid.

COMMUNITY GUIDELINES

We have the right to create or modify Community Guidelines relating to the Platform at any time. We are not obligated to notify you however you are obligated to continue to keep yourself updated with respect to these Community Guidelines because this will govern your registration and continued access to the Platform.

 

We are dedicated to fostering a respectful, inclusive and safe environment for all Users. To ensure a positive experience, any form of harassment, abuse, discrimination or hate speech based on race, ethnicity, gender, sexual orientation, religion or any other characteristic is strictly prohibited. No User must engage in any fraudulent or misleading activities, including impersonating other Users, providing false information, or attempting to deceive others through any means.

 

You are encouraged to report any violations of these Community Guidelines to us. Reports should be submitted in writing via the contact information provided on the Platform and we shall investigate and take appropriate action in accordance with its policies and applicable law.

 

We reserve the right to enforce these Community Guidelines at our sole discretion. Enforcement actions may include, but are not limited to, issuing warnings, suspending or terminating access to the Platform and/or Program enrolment and taking legal action as necessary.

 

ONLINE COMMUNICATIONS

Upon your successful completion of enrolment, which shall include our acceptance of your enrolment request, you hereby irrevocably consent to the automatic subscription of any future newsletter and the receipt of electronic communications from us. Such communications may include, without limitation, emails, notifications, and details related to your use of the Platform, Program enrolment and other relevant updates unless you opt out in writing to us. In the event you wish to withdraw your consent to receive such communications, you may do so by contacting us at [email protected]. Please be advised that opting out may adversely affect your receipt of notifications regarding updates, modifications and other important information related to the Platform.

 

We are committed to protecting your privacy and ensuring the confidentiality of all communications. We shall however not be liable for any unauthorised access or interception of communications transmitted via the Platform.

 

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, the Company, its affiliates, directors, officers, employees, agents, licensors and service providers shall not be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, use, data or other intangible losses, arising out of or in connection with your use of or inability to use the Platform, even if we have been advised of the possibility of such damages.

 

We shall not be liable for any actions, errors, omissions, representations, warranties, breaches, or negligence of any third-party service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

 

In no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) exceed 10% of the amount paid by you, if any, for accessing or using the Platform. You waive claims for any additional monies.

 

INDEMNITY 

You agree to indemnify, defend, and hold us and our Affiliates harmless ("Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, omissions and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with:

(a)        your access to or use of the Platform, including any content or data transmitted, uploaded, or stored by you on or through the Platform;

(b)        your breach or violation of these Terms of Use, including but not limited to any representations, warranties and covenants contained herein;

(c)        your violation of any rights of a third party, including but not limited to any intellectual property rights, privacy rights or publicity rights; or

(d)        any claim that your content caused damage to a third party.

This indemnification obligation shall apply to any actions or claims that may be made against the Indemnified Parties by any third party, including but not limited to other Users, arising out of or in connection with your use of the Platform or any breach of these Terms of Use.

THIRD-PARTY SITES

The Platform may contain links to Third-Party Sites, services or resources that are not owned or controlled by us. These links are provided solely for your convenience and do not constitute an endorsement, approval or recommendation by us of the content, products, services, or information available on or through such Third-Party Sites.

We have no control over, and assume no responsibility for, the content, privacy policies, practices, or availability of any Third-Party Sites. You acknowledge and agree that your access to and use of any Third-Party Sites is at your own risk and we shall not be liable for any loss or damage that may arise from your use of or reliance on any Third-Party Sites.

Your use of any Third-Party Sites may be subject to additional terms and conditions imposed by the operators of those sites. It is your responsibility to read and understand those terms and conditions before using any Third-Party Sites.

The inclusion of any links to Third-Party Sites on the Platform does not imply that we endorse, approve or are affiliated with the operators of those sites nor does it imply any responsibility for the content or practices of those sites.

Any interactions, transactions, or communications between you and any Third-Party Sites, including the purchase of goods or services, are solely between you and the third party. We shall not be responsible or liable for any claims, interruptions, disputes or issues whatsoever arising from such interactions.

 

SUBMISSIONS ON THE PLATFORM

The Platform may allow Users to post comments, upload, share or otherwise submit Submissions. By making any Submissions on the Platform, you represent and warrant that you have the right and authority to make such Submissions and that your Submissions do not violate any law, infringe the rights of any third party or breach any agreement.

By submitting content to the Platform, you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions in any media format and through any media channels now known or hereafter developed. You agree that we may use your Submissions for any purpose, including but not limited to promotional, marketing and commercial purposes, without compensation to you.

Any Submissions you make to the Platform are considered non-confidential and non-proprietary. We shall have no obligation to treat any Submissions as confidential and shall not be liable for any use or disclosure of Submissions.

You agree that any Submissions you make on the Platform will comply with the Community Guidelines and will not contain any material that is unlawful, harmful, defamatory, obscene, offensive, discriminatory or otherwise objectionable. We reserve the right to remove or edit any Submissions at its sole discretion and without notice.

 

INTELLECTUAL PROPERTY

The content of the Platform including but not limited to text, worksheets, video, interactive presentations, logos, arrangements and layouts are our sole and exclusive property or are licensed to us and all rights are reserved and are protected by international copyright laws.

 

All trademarks and trade names including and all other derivatives thereof including the trademarks appearing on the Platform are proprietary to us and may only be used by licensees authorised by us and are protected by international intellectual property rights laws. You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property rights on this Platform without our prior written consent.

 

SURVIVABILITY

If a court in the UAE or in any other applicable jurisdiction finds any part of the Terms of Use unenforceable or invalid, then such part shall be deemed deleted and the rest of the Terms of Use shall continue to be in effect to the fullest extent permissible by the applicable laws.

 

AMENDMENT

We reserve the right to change any content on the Platform including the Terms of Use without any prior notice. The most recent version of the Terms of Use will always be available on the Platform therefore you are encouraged to visit the Platform and read these Terms of Use prior to using the Platform. Your continued use will automatically be deemed as your consent to these Terms of Use.

 

NOTICES AND COMMUNICATIONS

Any notices or communication under the Terms of Use, or Disclaimer may be delivered to you electronically and such notification shall be deemed valid. Notices or communication to us can be delivered electronically at [email protected].

 

GOVERNING LAW AND JURISDICTION

By using the Platform, you expressly consent and agree to the governing law and jurisdiction of the UAE over the Terms of Use and any disputes arising from or related to these Terms of Use, the Platform or any transactions conducted through the Platform shall be subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.

 

In accordance with the provisions of Federal Decree-Law No. 14 of 2023 on Trading by Modern Technological Means (as amended), all electronic transactions and communications carried out through the Platform shall be deemed legally binding and enforceable.

 

Any disputes arising from electronic transactions conducted through the Platform shall be resolved by the Dubai Courts, in accordance with the applicable laws of the UAE.

 

TERMINATION

We reserve the right at any time, and for any reason, to terminate this agreement between us, by email. You may terminate your agreement with us by sending us a written notice by email at [email protected] and discontinuing your use of the Platform or by deleting your User Account. Termination of the agreement between us according to these Terms of Use does not affect either of our already accrued rights or liabilities prior to the date of termination.

 

Last updated in Dubai, United Arab Emirates on January 5, 2024.

 

DISCLAIMER

The content provided on this Platform is for informational purposes only and is not intended as medical advice, diagnosis or treatment neither is it intended to be an alternative or replacement for any medical advice or treatment.

 

For further clarity, the information available through the Platform, including but not limited to, text, graphics, images and other material, is not a substitute for professional medical or psychological advice, consultation or care from a licensed healthcare or mental health provider. You should seek the advice of your physician or another qualified healthcare provider with any questions you may have regarding a medical or psychological condition or treatment.

 

We make no representations or warranties, nor do we provide any guarantees concerning the accuracy, completeness, suitability or result of any information or content provided on the Platform for any purpose. The use of any content or information provided through the Platform is solely at your own risk. All content is provided "as is" without any warranties of any kind, either express or implied.

 

The Platform may contain links to Third-Party Sites or content. We do not endorse, guarantee or assume responsibility for the accuracy or reliability of any information provided by any Third-Party Sites.

 

You hereby waive any and all claims against us, arising out of your use or access or interruption or inability to use or access the Platform. If you have any concerns, questions or feedback, please direct these to  [email protected].