Terms & Conditions

 

  About us

1.1.          We are State of the Art Marketplace Ltd, the operator of https://emma-lang.mykajabi.com/store : incorporated in England and Wales under company number 13132003 and registered at 1 Vicarage Lane, London, E15 4HF. In these terms and conditions, we refer to ourselves as we, us, our and SOTA.

  1. How to contact us

You can contact us by visiting the ‘Contact’ page of our website, sotamarketplace.co/pages/contact, and populating the form.

  1. These terms and conditions

3.1.          These terms and conditions (which we’ll refer to as T&Cs from here) apply to your use of https://emma-lang.mykajabi.com/store and any purchases you make on this website. When referring to ‘our website’ in this agreement we are referring to https://emma-lang.mykajabi.com/store. Please read these T&Cs carefully before you place any orders on our website, as they set out important information both your and our rights and obligations. Please note that you must agree to these T&Cs before you place any order.

3.2.          For the purposes of these T&Cs, you are a consumer if you are buying products from our website as an individual for purposes wholly or mainly outside of your trade, business, craft or profession. You are a business customer if you are buying products from our website for purposes relating to your trade, business, craft or profession. Some T&Cs only apply to your order if you are a consumer, and other T&Cs apply to your order if you are a business customer. We indicate in these T&Cs where this is the case, so please make sure you read these T&Cs carefully.

3.3.          References to you and your in these T&Cs is to the consumer or business customer placing an order on our website.

3.4.          If you are a consumer, you must be at least 18 years old or otherwise legally capable of entering into binding contracts. You must also be resident in either the United Kingdom or another state approved for sale by our payment provider, Kajabi.

3.5.          If you are an individual placing an order on behalf of a business customer, you confirm that you have authority to place such order for and on behalf of the business customer. You must also be based in either the United Kingdom or another state approved for sale by our payment provider, Kajabi.

3.6.          We may make changes to these T&Cs at any time. However, the T&Cs which apply to your order will be those in force at the time you place your order with us.

3.7.          Please save a copy of these T&Cs and any emails from us for your records, as we will not save or file a copy for you.

3.8.          These T&Cs are only available in English. If they are translated into any other language, the meaning and interpretation under the English version will prevail.

  1. Use of https://emma-lang.mykajabi.com/store

4.1.          Your use of our website is subject to this section 4. By using our website, you will be deemed to have accepted and agreed to be bound by this section 4.

4.2.          We reserve the right to restrict your access to our website or any part of it. Access to restricted areas of our website may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these T&Cs).

4.3.          We will use reasonable endeavours to ensure our website is available at all times. However, we cannot guarantee that our website or any individual function or feature of it will always be available or error free. Our website may be unavailable during periods when we are implementing upgrades to, or carrying out essential maintenance on, our website.

4.4.          The intellectual property rights in our website and all of the text, layout of pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

4.5.          We provide our website on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on our website.

4.6.          Your permission to use our website is personal to you and non-transferable. Your use of our website is conditional on your compliance with the rules of conduct set out in this section 4 and you agree that you will not:

(a)              use our website for any fraudulent or unlawful purpose;

(b)              use our website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;

(c)              impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with our website, or express or imply that we endorse any statement you make;

(d)              interfere with or disrupt the operation of our website or the servers or networks used to make our website available, or violate any requirements, procedures, policies or regulations of such networks;

(e)              transmit or otherwise make available in connection with our website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

(f)                 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to our website;

(g)               modify, adapt, translate, screenscrape, reverse engineer, decompile or disassemble any portion of our website or aggregate data from our website. If you wish to reverse engineer any part of our website to create an interoperable program you must contact us, and we may provide interface data subject to verification of your identity and other information;

(h)              remove any copyright, trade mark or other proprietary rights notice from our website or materials originating from it;

(i)                 create a database by systematically downloading and storing our website content; or

(j)                 use any manual or automatic device in any way to gather our website content or reproduce or circumvent the navigational structure or presentation of our website without our express prior written consent.

4.7.          Our website may provide links to other websites and online resources. We are not responsible for, and we do not endorse, such external sites or resources. Your use of third-party websites and resources is at your own risk.

  1. Contractual relationship

5.1.          https://emma-lang.mykajabi.com/store provides access to video courses as set out below:

  1. i) Module One: Mindset, £15, video lesson running time approx.: 22 mins.
  2. ii) Module Two: Business Infrastructure & Pricing Your Artwork, £30, video lesson running time approx.: 48 mins.

iii) Module Three: Online Presence &. Social Media, £30, video lesson running time approx.: 45 mins

  1. iv) Module Four: Seizing Opportunities, Maintaining Momentum & Getting Out of a Rut, £20, video lesson running time: 26 mins.

5.2.          You acknowledge that the content and advice on https://emma-lang.mykajabi.com/store is not legally binding or provided as legal advice. For legal advice please contact a solicitor, and SOTA is not liable for any actions taken by the customer as a result of taking our modules.

  1. Orders

6.1.          Please check your order carefully and correct any errors before you place it.

6.2.          Your order is an offer to buy products from https://emma-lang.mykajabi.com/store

6.3.          After you place your order, we will send you a confirmation email with instructions to access the content.

6.4.          We will not be under any obligation to supply any other products which have been part of your order until such products are confirmed by email.

  1. Availability

7.1.          All orders are subject to availability. We cannot guarantee that any product will be available at any given time. In certain circumstances beyond our reasonable control, we may need to stop advertising certain products for sale and independent artists may need to stop selling certain products. If this happens and it affects your order, we will notify you by email, cancel your order, and provide you with a full refund if payment has already been taken.

  1. Making changes to your order

If you would like to make any changes to your order after you have placed it, please contact us as soon as possible and we will let you know if it is possible to change your order.

  1. Product descriptions

9.1.          Descriptions of the products are set out on our website. You are responsible for reading the full product description before placing an order.

  1. Use restrictions

10.1.    If you are a consumer, you must use the products for domestic and personal use only. You must not use the products for commercial, business or resale purposes.

10.2.    If you are a business customer, you must use the products for internal business purposes only. You must not use the products for resale purposes.

  1. Intellectual property

You will not obtain the copyright or any other intellectual property rights existing in the products. All intellectual property rights existing in the products will be retained by the relevant independent artist or their licensors at all times.

  1. Prices

12.1.    Prices for the products are set out on our website. All prices are shown in the local currency of the state in which you are placing your order and include VAT (or any equivalent applicable sales tax at the applicable rate unless otherwise stated.

12.2.    Prices for the products and delivery charges may change at any time. Except as set out in section 12.3 below, such changes will not affect existing orders.

12.3.    If there has been an error on our website regarding the pricing of any of the products and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will cancel your order and notify you by email.

12.4.    Discount codes may be redeemed at checkout. A discount code is applicable to full price products and is not redeemable against any sale or promotional products.

  1. Payment

13.1.    We accept all major credit and debit cards via Kajabi’s payment system. You can also pay by Apple Pay, Google Pay. All credit and debit card payments must be authorised by the relevant card issuer.

13.2 You are not permitted to share discount codes provided by Emma Lang from SOTA Marketplace with fellow users. Should this occur, your account will be deleted.

  1. Delivery

14.1 If your delivery is delayed for any reason will email you to let you know as soon as reasonably possible. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (e.g. severe weather, accidents or unpredictable traffic delays).

  1. International customers

15.1.    Our payment provider, Kajabi, charges currency conversion fees which vary depending on your location. As a result, all products will be marked up to include this international fee.

  1. Consumer cancellation rights

16.1This section 17 only applies to you if you are a consumer in the United Kingdom. It will not apply to you if you are a business customer or if you are a consumer placing an order outside of the United Kingdom.

16.2.    Under the consumer rights act, when purchasing our course, it is provided in full and therefore, we are not obliged to provide cancellations or refunds. We recognise there may be special circumstances so please do email [email protected] in this case.

  1. Faulty products – consumers

17.1.    This section 17 only applies to you if you are a consumer in the United Kingdom. It will not apply to you if you are a business customer or if you are a consumer placing an order outside of the United Kingdom.

17.2.    If there is an issue with your Kajabi access please email [email protected]

  1. Faulty products – business customers

18.1.    This section 18 only applies to you if you are a business customer. It will not apply to you if you are a consumer.

18.2.    17.2.    If there is an issue with your Kajabi access please email [email protected]

  1. Events beyond our control

19.1 We are not liable to you if we fail to comply with these T&Cs because of circumstances beyond our reasonable control.

  1. Our liability to consumers

20.1.    This section 20 only applies to you if you are a consumer. It will not apply to you if you are a business customer.

20.2.    If we breach these T&Cs or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).

20.3.    We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

20.4.    Nothing in these T&Cs excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

  1. Our liability to business customers

21.1.    This section 21 only applies to you if you are a business customer. It will not apply to you if you are a consumer.

21.2.    Subject to the below, our liability under or in connection with these T&Cs (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) will not exceed the total price paid for the products.

21.3.    We will not be liable to you under or in connection with these T&Cs (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for consequential, indirect or special losses, or for any of the following (whether direct or indirect):

(a)              loss of profit or loss of revenue;

(b)              loss of contract or loss of business opportunity;

(c)              loss of savings, discount or rebate (whether actual or anticipated); or

(d)              harm to reputation or loss of goodwill.

21.4.    Nothing in these T&Cs will limit or exclude our liability for:

(a)              death or personal injury caused by negligence;

(b)              fraud or fraudulent misrepresentation; or

(c)              any other losses which cannot be excluded or limited by law.

  1. Your information

Any personal information that you provide to us will be dealt with in line with our privacy policy, available at https://emma-lang.mykajabi.com/privacy-policy  which sets out what information we collect and hold about you, and how we collect, store, use and share such information.

  1. Complaints

23.1.    If you are unhappy with us or the products you ordered, please contact us by visiting the ‘Contact’ page of our website, https://emma-lang.mykajabi.com/contact, and populating the form.

23.2.    If you are a consumer and your complaint cannot be resolved by us directly, you may want to submit your complaint to ADR. ADR stands for ‘alternative dispute resolution’ and it is a process for resolving disputes that does not involve going to court. If you do not wish to use ADR, or you are unhappy with the outcome of ADR, you can still bring court proceedings.

  1. Governing law and jurisdiction

24.1.    If you are a consumer, the laws of England and Wales apply to these T&Cs, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

24.2.    If you are a business customer, these T&Cs and any dispute or claim arising out of or in connection with them, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these T&Cs, their subject matter or formation (including non-contractual disputes or claims).

  1. General terms

25.1.    You are not allowed to transfer your rights under these T&Cs to anyone without our prior written consent. We may transfer our rights under these T&Cs to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.

25.2.    If any provision of these T&Cs (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.

25.3.    If you breach these T&Cs and we take no action, we will still be entitled to use or enforce our rights and remedies in any other situation where you breach these T&Cs.

25.4.    If you are a business customer, any variation to these T&Cs will not be binding unless expressly agreed in writing between you and us.

25.5.    If you are a business customer, you and we both agree that these T&Cs constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these T&Cs in reliance on any representation or warranty that is not expressly set out in these T&Cs and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these T&Cs.