EFFECTIVE DATE: September 09, 2024
We are actively working to increase the accessibility and usability of our website and in doing so adhere to many of the available standards and guidelines.
This website endeavours to conform to level A of the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines 2.1. These guidelines explain how to make web content more accessible for people with disabilities. Conformance with these guidelines will help make the web more user friendly for all people.
The guidelines have three levels of accessibility (A, AA and AAA). We’ve chosen Level A as the target for www.hgv101.uk
We're working hard to achieve our goal of Level A accessibility, but we realise there are some areas that still need improving.
We will regularly review progress towards policy goals. Please report any issues or feedback to info@hgv101.uk
EFFECTIVE DATE: September 09, 2024
We use cookies on this website to enable visitors to have the best possible experience. We collect analytics information to find out things such as the number of visitors to the various parts of the website and how our website is performing for them. We also use cookies to personalise content and services and to provide social media features. This cookies policy tells you more about our use of cookies and the choices you have.
Cookies are small files that websites place on your computer, mobile phone, tablet or other devices. They remember that you have visited the website before. They make it easier for you to maintain your preferences and they enable certain features of the website to work, such as polls or contact forms. They may also tailor information you see on the site.
This is important to us because we want to make sure our website is as user-friendly as possible, ensuring you have a good experience when browsing our website.
In addition to the cookies managed by us and our service providers, some cookies are set by other companies which are part of wider networks. This site uses cookies from Google, for example, to provide you with features tailored to your preferences both on this and other websites (like Google Maps).
Session cookies: these are stored while you’re browsing. They are deleted from your device automatically when you close your browser. Persistent cookies: these are saved on your computer so they don’t get deleted when you close your browser. We use Persistent Cookies when we need to remember who you are from one visit to the next, for example, to remember your preferences like logging into your HGV 101 Profile.
If you want to, you can block or disable the cookies in your browser and you can delete all cookies that are stored on your computer. You can do this as often you want to. To find out how to do this for your particular browser you can go to "help" on your browser’s menu or you can visit: All About Cookies.
You need to be aware that should you choose to disable cookies from your browser it may prevent you from taking full advantage of this website and some or all of the areas of the website may fail to work for you.
Below are more details of the cookies used on this website.
Essential cookies: these perform a variety of functions, such as keeping a visitor logged in to their account, retaining items in the shopping basket or if a quote is requested, ensuring information is displayed correctly on the website and recording whether visitors have accepted the use of cookies.
Analytics: We use Google Analytics and Google Search Console to assess how visitors use the website, to understand how visitors arrived at the site (e.g. using keyword searches), to monitor how long visitors remain on the website and when they return, and to control website traffic at busy times. These cookies use anonymous information only.
Security Cookies: These cookies help prevent attacks on the website including attempts to steal the information a visitor enters on website forms. They also help identify fraudulent activity.
Functionality: We use cookies to enable automated email services to work and to enable visitors to see the correct view of the website, for example, if different versions are being tested. If the website offers product reviews, surveys, facilities or videos, cookies will be used to manage this functionality.
Preferences: if you select a location or indicate other preferences, a cookie will remember that information.
Performance Monitoring: these cookies record a visitor’s progress through a browsing session for problem-solving and to identify any errors in the use of the site that the visitor may experience. They also link a visitor’s actions with website usage and performance. Some cookies identify the visitor’s IP address, browser and device type.
Advertising/Marketing: If we are running advertisements we may use Google DoubleClick, Google Adwords to monitor how visitors to the website respond to adverts and to ensure that adverts are targeted to the visitor’s preferences – both on this website and on other websites.
Social Media: Cookies track the products viewed by a visitor to the website and may serve similar adverts on when the user visits their Facebook and Twitter page. Other cookies enable visitors to share or like items on our website using social media buttons.
EFFECTIVE DATE: September 09, 2024
HGV 101 (“us,” “we,” or “Company”) is committed to respecting the privacy rights of its customers, visitors, and other users of the Company Website (“the Site”) and Mobile Applications (“the Apps”), together referred to herein as “Services.” We created this Privacy Policy (“Privacy Policy”) to give you confidence as you visit and use our Services and to demonstrate our commitment to fair information practices and to the protection of privacy.
This Privacy Policy is only applicable to the Services, and not to any other websites that you may be able to access from the Services, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.
Any use of your Personal Data must be for a lawful purpose. In Company’s case, the Personal Data requested from you (e.g., your name, address, email, billing information, etc.) is necessary for the entering into and the performance of the lawful contract between Company and you, under which terms, you may use and enjoy the Company’s Services. Company shall also use the information to promote its services within its subscription base and, with your permission, may share it with third party or affiliate companies interested in marketing similar products to you.
In keeping with Company’s commitment to comply with the various rules and regulations relating to safeguarding and protecting Personal Data it receives from its customers in the United Kingdom, in the European Union, and elsewhere, Company has chosen to undertake a good faith effort to comply the European Union’s GDPR and the obligations it imposes on controllers and processors of EU Personal Data, and to incorporate the privacy terms required for GDPR compliance herein.
Company will ensure that its personnel engaged in the processing of Customer Data and Personal Data (i) will process such data only on instructions from Customer, and (ii) will be obligated to maintain the confidentiality and security of such data even after their engagement ends.
a. Types
i. TRAFFIC DATA COLLECTED (NON-PERSONAL IDENTIFIABLE INFORMATION).
We automatically track and collect the following categories of information when you visit our Services: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Services; and (4) types of web browsers used to access the Services (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Services. We also use “cookies” to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly, and to store your password so you do not have to re-enter it each time you visit the Services.
ii. PERSONAL IDENTIFIABLE INFORMATION COLLECTED
In order for you to access certain premium, services and to purchase products that we offer via our Services, we require you to provide us with certain information that personally identifies you. Personal Identifiable Information includes the following categories of information:
b. Uses
i. COMPANY USE OF INFORMATION.
We act as a “Controller” of information we receive from you in that we use your Contact Data to send you information about our company or our products or services, or to provide you with promotional material from some of our partners, or to contact you when necessary.
We use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services.
We use your Demographic Data to customise and tailor your experience on the Services, such as displaying content that we think you might be interested in according to demographic data and your expressed preferences.
ii. SHARING OF PERSONAL INFORMATION.
We share certain categories of information we collect from you to the following parties for the following purposes:
c. Location and Retention of Customer Data. Unless otherwise expressed herein, the Personal Data collected by Company shall be kept in its central server and shall remain only as long as necessary to fulfill the requirements of the service agreement between Company and customer, or, with customer’s approval, in perpetuity, until customer requests its removal.
d. Summary of Data Recipients, Users, Purposes, and Retention Periods.
| Recipient of Data | Data Solicited/Shared | Purpose | Retention Period |
|---|---|---|---|
| HGV 101 (Originating Controller) | Data Solicited: Personal Information (name; phone number; email; address); Computer information (IP; Browser type); Demographic Information (zip code, age, income); Financial Information (credit card number, PayPal address, billing address); Geographical information (Locale, Time Zone); Facebook Profile; Google Profile | Information is necessary to effectuate the service agreement between Company and customer, for customer support, and to allow Company to promote and market the service within its customer base. Facebook and Google public profile information are accessed by Company only to record the “name” and “email” of customer, again for effectuating the agreement and for internal marketing. | Information shall be retained and used in its central server only as long as necessary to fulfill the requirements of the service agreement between Company and customer, or, with customer’s approval, in perpetuity, until customer requests its removal. |
| Mobile Advertising, Marketing, and Attribution Networks | Data shared: Personal Information (email); Device information (IP; Device type, in-app events, advertising IDs); Geographical information (Locale, Time Zone); | Information is necessary to effectuate the service agreement between Company and customer, for customer support, and to allow Company to promote and market the service within its customer base. | Information shall be retained and used in its central server only as long as necessary to fulfill the requirements of the service agreement between Company and customer, or, with customer’s approval, in perpetuity, until customer requests its removal. |
If Company becomes aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Customer Data or Personal Data while processed by Company (each a “Security Incident”), Company will promptly and without undue delay (1) notify Customer of the Security Incident; (2) investigate the Security Incident and provide Customer with detailed information about the Security Incident; (3) take reasonable steps to mitigate the effects and to minimise any damage resulting from the Security Incident. With respect to breach of Personal Data of citizens of the EU, Company shall comply with GDPR requirements and take immediate steps to notify the supervisory authority “without undue delay” and within 72 hours of discovering the breach, where feasible. Company’s obligation to report or respond to a Security Incident under this section is not an acknowledgement by Company of any fault or liability with respect to the Security Incident.
You may choose not to provide us with any Personal Information. In such an event, you may still access and use much of the Services, however, you will not be able to access and use those portions of the Services that require your Personal Information. If you do not want us to share your Contact Data with any third parties, please email us at info@hgv101.uk, or select the “opt out” box on our online forms. In addition, we maintain a procedure for you to review and request changes to your Personal Information; this procedure is described in Section 11 below.
a. Assignment of Personal Information in the Event of Sale or Change in Business Status. In the event of a sale of the business, or company bankruptcy, we may be required to sell portions of our company or its assets, including the information collected through the Services. If Company or substantially all of its assets are acquired by a third party, customer information may be one of the assets transferred to the acquirer. It shall be a necessary condition of any transfer that these privacy policy principles expressed herein shall continue to remain in force.
Customer’s personal payment information (e.g., debit cards, credit cards, bank accounts) IS NOT (NOT) stored on our systems or web site servers. Furthermore, our web site service provider DOES NOT store personal payment information on our behalf.
Except as otherwise provided in this Privacy Policy, we will keep your other Personal Information private if it has been submitted by you.We define Personal Information as being your Username, Full Name, Address, Email and Phone Number. Personal Information is stored on a secure servers (SSL) and we will not share it with third parties, UNLESS such disclosure is necessary to:
We provide you with the capability to transmit your Personal Data Information via secured and encrypted channels (SSL) - if you use a similarly equipped web browser.
Company has designated a Data Protection Officer (DPO) to regularly monitor and maintain the systems and processes relating to Company’s proper handling of Personal Data Information, and to make sure that appropriate safeguards be in place to ensure that any processing and retention of Personal Data complies with the GDPR requirements. Moreover, the DPO shall be responsible for the record-keeping relating to all processing activities, for the purposes of demonstrating compliance with GDPR and should a compliance audit be requested.
We maintain a procedure in order to help you confirm that your Personal Information remains correct and up-to-date. At any time, you may visit your personal profile at: https://www.hgv101.uk/my-account/.
Through your personal profile you may:
Upon your request, Company shall provide your Personal Data in a machine-readable format, or electronically transmit your Personal Data, directly to another Controller.
Our Services are intended for a general audience, and we do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user of our Services is under age 13, we will promptly delete any personal information in that user’s account. Special notice regarding Citizens and residents of the European Union: Citizens of the EU who are younger than 16-years-old may provide personal information provided consent is actually given or authorised by the holder of parental responsibility over the child.
You must promptly notify us if your credit card, user name, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card number, user name, or password from your account and update our records accordingly.
The Services contain links to other third-party websites. We are not responsible for the privacy practices or the content of such websites. We also make forums and message boards available to you. Please understand that any information you voluntarily disclose in these areas becomes public information and is not our responsibility. Thereafter, you should exercise caution when deciding to disclose your Personal Information in such venues.
a. Complaint Process. The Company commits to resolve complaints about our collection or use of your personal information. Any individual, including EU individuals with inquiries or complaints regarding our use of Personal Data, or any other matter arising under this Privacy Policy, should first contact Company’s Consumer Relations Officer at info@hgv101.uk. The Company shall respond in a reasonable time not to extend beyond 45 days.
b. Good Faith Negotiation; Arbitration. Should a dispute arise between you and the Company under this Agreement, we would like to provide both parties with a neutral and cost-effective means of resolving the dispute quickly. Therefore, for any claim arising under this Agreement, either party shall attempt to resolve said dispute first through good faith negotiations. Should that fail, either party may elect to resolve dispute though binding non-appearance-based arbitration. The Arbitrator and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION AGREEMENTS RESULT IN EACH PARTY GIVING UP HIS, HER OR ITS RIGHT TO A JURY TRIAL OF ALL ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS, HER, OR ITS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY AND ALL DISPUTED ISSUES IN ANY MANNER RELATING TO OR ARISING OUT OF THE TERMS AND CONDITIONS OR PERFORMANCE OR NON-PERFORMANCE OF TERMS AND CONDITIONS OF THIS AGREEMENT.
c. No Class Actions. You and Company agree that you may bring claims against the other only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
d. Cause of Action. 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 this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Services and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Services.
EFFECTIVE DATE: September 09, 2024
Welcome to the HGV 101 learning service (referred to herein as either www.hgv101.uk, the 'app', or the 'Site'), owned and operated by HGV 101 ('the Company'). Subject to the following Terms of Service ('Terms'), HGV 101 provides users of the Site with access to services, including a collection of articles, lessons, resources and forums of users and subscribers ('Services').
We reserve the right to add, delete and/or modify any of the terms and conditions contained in this Agreement. In the event of substantive changes to the terms of this Agreement, you will be notified with a notice on the site. If any modification is unacceptable to you, your only recourse is to discontinue use of the Services. Your continued use of the Services following posting of a change notice or new agreement on the Site or notice to you via e-mail, will constitute your binding acceptance of the changes.
1. BINDING EFFECT. This is a binding agreement. By using this services provided in connection with the Site, you agree to abide by these Terms, as the Company may amend them from time to time in its sole discretion. No one under 13 is allowed to create an account or use the Services. By using the Services, you state that:
2. PRIVACY POLICY. the Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking HERE. the Company’s privacy policy is expressly incorporated into this Agreement by this reference.
3. COMPANY SERVICES. the Company provides three (3) levels of access to the Site and its Services:
4. SUBSCRIPTION - AUTOMATIC RENEWAL AND CANCELLATION POLICIES. If you are a subscriber, you agree that your subscription shall renew automatically, and that you authorize automatic renewal of your subscription until it is cancelled. You can cancel the automatic renewal of your subscription at any time. To do so, contact us using any of the methods described at https://www.hgv101.uk/contact/ and provide your account username or account email address. Your account will be canceled within two (2) business days of receipt and acceptance of your cancellation. the Company will refund any payment made within sixty (60) days of the payment date.
5. USERNAME/PASSWORD PROTECTION. Upon registering, you will either choose or be given a username and password that will permit you to access the appropriate level of services for the Site. You agree to take all reasonable steps to protect and ensure the accuracy of any login, password or payment information provided in connection with the Services. You further agree to be the sole user of your username/password and the Services, and to promptly notify the Company if this is not the case.
6. USER CONTENT. You hereby grant the Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
7. PROHIBITED USES OF THE SITE AND SERVICE. the Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (f) threaten, harass, abuse, slander, defame or otherwise violate the legal rights (including, without limitation, rights of privacy and publicity) of third parties; (g) publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information or (h) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
A. Print and Download Restrictions. The Site may at times contain proprietary and original material licensed from Third Parties. The terms under these licenses may prohibit the downloading and/or printing of such material by users. the Company is obliged under such licenses to disable the user's ability to download and/or print such content. Any attempt by you to circumvent these restrictions is a violation of the Terms and may result in termination of service and appropriate legal action.
8. INTELLECTUAL PROPERTY NOTICES. The name 'HGV 101' and its logo are trademarks of the Company. The Site contains proprietary, original material that is protected by U.K. copyright and international treaties. The Company, our instructors and our licensors retain all intellectual property rights with respect to such proprietary, original material. It is understood that anyone who misappropriates the the Company's name or content for commercial use, without the express permission of the The Company, may subject himself to civil or criminal penalties. Similarly, any commercial publication or exploitation of the Services or any content provided in connection therewith is specifically prohibited and anyone wishing to do so must first request and receive prior written permission from the Company.
9. ALLEGED VIOLATIONS. the Company reserves the right to terminate your use of the Service and/or the Site. To ensure that the Company provides a high quality experience for you and for other users of the Site and the Service, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. the Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with use of the Site or the Service by others.
10. LINKS. the Company welcomes links to its www.hgv101.uk web site. You are free to establish a hypertext link to this Site provided that the link does not state or imply any sponsorship or endorsement by the Company. The Company often links to web sites that are not under its control. The Company is not responsible for the contents of any linked site or any link contained in a linked site. the Company provides links only as a convenience and the inclusion of any link does not imply endorsement of the web site by the Company.
11. DISSEMINATION, DISCONTINUANCE OR MODIFICATION OF SERVICES. the Company may change or discontinue any of its Services or its dissemination of the lessons of any instructor, category and type of music, resources and data, and works of specific contributors, at any time and without notice and without liability to you. the Company may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. the Company, at its sole discretion, may occasionally make modifications to the Site, its servers, and the information, resources and data contained therein, including the Services and/or the Company's Full Access content.
12. DISCLAIMER. Please read this Disclaimer carefully before using any of the Services, including subscribing to the the Company's Full Access content.
You understand and agree that the Services available on the site are provided on an 'as-is' and 'as available' basis. the Company hereby disclaims any and all warranties with respect to the Services, whether express, implied, statutory or otherwise, including any implied warranties of fitness for a particular purpose, merchantability, accuracy, title and non-infringement. In connection with the foregoing you expressly agree that use of this site is at your sole risk and without any warranty and that such exclusion of warranties is an essential part of the basis on which the Company provides the Services.
You expressly agree that use of the Services, including all lessons and content distributed by, downloaded or accessed from or through this Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to you or your computer system or for any loss of data that results from the use of the Services by you.
The Company will make all reasonable efforts to have the Services available on a 24-hour basis, excluding normal network administration and system down time, but if access is suspended or interrupted, liability will be limited to restoring access to the Services as soon as practical.
With respect to merchandise sold or given as gifts on the Site, any references to their retail or market value represent their 'estimated market value.' Estimated market value means that reasonable good faith efforts have been made by the Company to determine actual retail value of the merchandise. Given the rarity and unique qualities of the products, and the lack of available and reliable market data, the values represented on the Site are estimates only and should not be relied upon as true indications of actual retail or market value.
13. LIMITATION ON LIABILITY. Under no circumstances shall the Company be liable, whether alleged as a breach of contract, tort (including negligence and strict liability), equity or otherwise, for any cost of cover or substitute service or any indirect, incidental, special or consequential damages arising from or in connection with the use the Services, or resulting from unauthorized access to or alteration of transmissions of lessons or of other information that is sent or received, including but not limited to damages for lost profits, even if the Company has been advised of the possibility of such damages.
14. COPYRIGHT INFRINGEMENT. the Company has in place certain legally-mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. the Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. the Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Company’s designated agent at:
Mike Smith, HGV 101, West Street, Over, Cambridge, CB24 5PL info@hgv101.uk
15. INDEMNITY. You agree to indemnify the Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. the Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
16. DISPUTE RESOLUTION; ARBITRATION.
A. Complaint Process. Any individual may bring complaints relating to the Company’s use of Personal Data, or any other matter arising under this Privacy Policy, directly to the company by sending notice of the complaint to the the Company’s Consumer Relations Officer at info@hgv101.uk. the Company shall respond in a reasonable time not to extend beyond 45 days.
B. Good Faith Negotiation; Arbitration. Should a dispute arise between you and the Company under this Agreement, we would like to provide both parties with a neutral and cost-effective means of resolving the dispute quickly. Therefore, except for (i) claims for injunctive or equitable relief, (ii) claims regarding intellectual property rights ((i) and (ii) shall be handled directly by filing the matter with the appropriate Court residing in the United Kingdom), or (iii) claims involving anything related to the Company’s use, retention, or sharing of Personal Data (which shall be handled according to Section 15 of the Company’s Privacy Policy), for any claim arising under this Agreement, either party shall attempt to resolve said dispute first through good faith negotiations. Should that fail, either party may elect to resolve dispute through binding non-appearance-based arbitration. The Arbitrator and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION AGREEMENTS RESULT IN EACH PARTY GIVING UP HIS, HER OR ITS RIGHT TO A JURY TRIAL OF ALL ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS, HER, OR ITS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY AND ALL DISPUTED ISSUES IN ANY MANNER RELATING TO OR ARISING OUT OF THE TERMS AND CONDITIONS OR PERFORMANCE OR NON-PERFORMANCE OF TERMS AND CONDITIONS OF THIS AGREEMENT.
C. No Class Actions. You and the Company agree that either of you may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
D. Cause of Action. 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 Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. GENERAL PROVISIONS
A. Entire Agreement. This Agreement contains the entire understanding of the parties relating to the subject matter hereof. This Agreement cannot be changed or modified except as provided herein.
B. Waiver; Severability. A waiver by either party of any term or condition of this Agreement will not be deemed or construed as a waiver of such term or condition, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.
C. Binding Effect. This Agreement will be binding on the assigns, heirs, executors, affiliates, agents, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.
D. Notice. Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by electronic mail to the addresses provided to and by you upon registration with the Company, or as properly updated, or, in the absence of a valid electronic mail address, via any other method the Company may elect in its sole discretion, including, but not limited to, via posting on the Website.
E. Governing Law; Dispute Resolution. This Agreement will be governed and interpreted in accordance with the laws of the United Kingdom applicable to agreements entered into and to be wholly performed in the United Kingdom, without regard to conflict of laws principles. Any and all disputes arising out of this Agreement shall be resolved in the manner set forth in Arbitration clause above.
F. Rights Cumulative. To the extent permitted by applicable law, the rights and remedies of the parties provided under this Agreement are cumulative and are in addition to any other rights and remedies of the parties at law or equity.
G. Headings. The titles and headings used in this Agreement are for convenience only and are not to be considered in construing or interpreting this Agreement.
H. No Third Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their authorized successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any person or entity, other than the parties hereto and their authorized successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
I. Assignment. the Company may assign its rights and obligations under this Agreement at any time to any party. You may not assign your rights and/or obligations under this Agreement without obtaining the Company's prior written consent.
18. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
