Trade Membership Terms
These are the terms and conditions of HOUSE OF ESTILA t/a Palantti Ltd, a company registered in England and Wales (“HOUSE OF ESTILA”, “we”, “us” or “our”). In these terms and conditions, “you” means the person, company or legal entity that uses our Website or our Membership (as defined later in these terms and conditions).
These terms and conditions explain the terms on which you may use our website houseofestila.com (“Website”) or subscribe to our Membership. You should read these terms and conditions carefully, as they affect your legal rights. If you don’t agree to be bound by these terms and conditions, you shouldn’t use our Website or sign up to our Membership.
We may change or update these terms and conditions from time to time and we will notify you by posting such changed or updated terms and conditions on our Website. These will be effective immediately upon posting to our Website. Your continued use of our Website and the Membership constitutes your agreement to abide by these terms and conditions. Under certain circumstances we may also elect to notify you of changes or updates to our terms and conditions by additional means, such as pop-up or push notifications within our Website or by email.
MEMBERSHIP
House of Estila offers a range of memberships set out and summarised on our Website. We use the term “Membership” to describe the membership or access you sign up to regardless of the name we designate on our Website. This section therefore applies to the Membership you sign up to.
It is important to note that the terms and conditions relating to your Membership, forming the contract between you and us with, has full legal force and effect until your Membership ends.
1. Registration
You must ensure that the details provided by you on registration or at any time are correct and complete and should these change, you must inform us immediately to ensure we can communicate with you effectively.
2. Membership Fees
2.1. The “Membership Fees” you agree to pay for your Membership, the length of the Membership, and the frequency of payment (i.e. monthly, annually) will be confirmed when you sign up to the Membership (“Membership Pricing Plan”).
2.2. Membership Fees will be taken on a recurring basis until you, or we, cancel your Membership. You therefore understand that while your Membership is active, your payment method will be charged in accordance with your Membership Pricing Plan and the term initially agreed.
2.3. Your Membership will automatically renew and the same Membership Pricing Plan shall apply. If you would like to stop the automatic renewal of your Membership and the requirement to pay your Membership Fees, you must cancel your Membership before it renews. Refunds cannot be claimed for any Memberships paid for or in partial-month period.
2.4 Upon subscribing to a Membership, a minimum term is stated on the Membership. Early termination will result in the remaining balance in full. The subscription will automatically renew depending on your chosen plan post the minimum term unless cancelled.
3. Membership Content and Intellectual Property Rights
3.1. For as long as you have an active Membership, you will access to all features included in the Membership. At all times the intellectual property rights and copyrights remain with us. You have the right to use the features but you are not permitted to duplicate, assign, sell, sub-license, modify or provide copies to third parties, for any purpose whatsoever. We retain and reserve our copyrights at all times and nothing in these terms and conditions shall transfer our intellectual property rights to you or to any third party.
3.2. For the avoidance of doubt, this clause 3 shall survive cancellation of your Membership your will be bound by the restrictions in this clause 3 with regards to our intellectual property and copyright even after your Membership ends.
4. Privacy of Membership Accounts
4.1. You must have your own log in to the Membership. Log in details must not be shared with others and our Membership must not be used by any unauthorised person.
4.2. Where we discover that you have shared your Membership login contrary to the above, we reserve the right to cancel your Membership with immediate effect and without liability to you.
5. Refunds
Our Memberships are provided to you as a business customer, operating by way of trade, business or profession. This means that the usual consumer rights don’t apply and all sales are final. Once you have signed up to Membership, there is no entitlement to change your mind and receive a refund for sums paid.
6. Membership changes and cancellation
6.1. You can cancel your Membership at any time by logging into your dashboard and rasing a support ticket.
Please note that cancellation does not affect your obligation to pay the Membership Fees for the remainder of your Membership.
6.2. We may suspend or cancel your Membership with immediate effect for any reasonable reasons or if you breach these terms and conditions and you will not be entitled to a refund of your Membership Fees.
7. Membership Disclaimers and Limitation of Liability
7.1. We do not warrant that you will have access to your Membership or all Membership features at all times, that your access will be uninterrupted or that it will be error free.
7.2. Our liability under these terms and conditions is limited to the Membership Fees payable by you for your Membership in the 12 months preceding a claim.
7.3. We are not liable for indirect, consequential or special loss arising under or in relation to these terms and conditions.
7.4. Nothing in these terms and conditions shall exclude or limit our liability at law for death or personal injury caused by negligence.
7.5. Where an event occurs that is outside our control, we will do our best to manage this. However, it may prevent us from providing certain parts of the Membership to you, and we will not be liable for this failure.
7.6. We always endeavour to ensure that our Memberships are all up to date at the time of posting on our Website. However, if our Memberships changes we do not provide any warranty or representation as to accuracy.
WEBSITE TERMS OF USE
This section of these terms and conditions explain the terms under which you may use our Website.
8. Changes to these terms or Website
8.1. We amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.
8.2. We may update and change our Website from time to time to reflect changes to our products, our users' needs, and our business priorities.
9. Suspending or withdrawing our Website
9.1. Our Website is made available free of charge.
9.2. We don’t guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
9.3. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
10. Privacy of accounts
10.1. When you register on our Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
10.2. If we have reason to believe that there is or is likely to be any misuse of our Website or breach of security, we may require you to change your password or suspend your account.
11. Intellectual property rights
11.1. We’re the owner or the licensee of all intellectual property rights in our Website, and in the content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
11.2. You must not modify the paper or digital copies of any content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.3. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged (except where the content is user-generated).
11.4. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
11.5. If you print off, copy, download, share or repost any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the content you have made.
12. No text or data mining, or web scraping
12.1. You must not conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorising, or attempting the use of):
a) Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information, or services accessed via the same; or
b) Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but isn’t limited to patterns, trends, and correlations.
12.2. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
12.3. This clause shall not apply insofar as, but only to the extent that, we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
13. Reliance
13.1. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. For specific requests you must seek specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
13.2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date.
14. Third party links
14.1. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links shouldn’t be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those website or resources.
15. Computer misuse
15.1. We don’t guarantee that our Website will be secure or free from bugs or viruses.
15.2. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
15.3. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
16. Links to our Website
16.1. You may link to our home page, provided you do so in a way that is fair and legal and doesn’t damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Website in any website that isn’t owned by you.
16.2. Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
17. Limitation of Liability
17.1. This clause applies to use of our Website only. As access to our Website is free, we have no financial liability to you.
17.2. We don’t exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
17.3. We exclude all implied conditions, warranties, representations, or other terms that may apply to our Website or any content on it.
17.4. We won’t be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a) use of, or inability to use, our website; or
b) use of or reliance on any content displayed on our Website.
In particular, we won’t be liable for:
a) loss of profits, sales, business, or revenue;
b) business interruption;
c) loss of anticipated savings;
d) loss of business opportunity, goodwill, or reputation; or
e) any indirect or consequential loss or damage.
If you are a consumer user:
17.5. Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
GENERAL TERMS
This section of these terms and conditions apply to all users of our Website and our Membership and you should read these carefully.
18. Privacy and Confidentiality
18.1. Your privacy is important to us and we comply with our obligations under data protection legislation. For more information on how we handle your personal data, please refer to our privacy policy.
18.2. During your Membership, if applicable, you may have access to confidential information. In accepting these terms and conditions, you agree that you will not use or disclose to any person, organisation or company, and shall use your best endeavours to prevent the publication of any confidential information relating to any other member.
18.3. You accept that any unauthorised disclosure of personal or confidential information belonging to another may amount to immediate dismissal from the Membership. Should you decide to cancel your Membership, then you remain bound by the confidentiality and privacy obligations.
19. Governance
19.1. These terms and conditions contain the whole agreement between us and you relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
19.2. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
19.3. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
19.4. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
19.5. These terms and conditions are be governed by and interpreted according to the law of England and Wales and all disputes arising under these terms and conditions (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.