Privacy Policy – Roz Nay

Privacy Policy

Last updated Tuesday May 10th 2022

The use of roznay.com and roznay.ca websites (together the “Website”) is subject to the following terms and conditions. By using the Website, you agree to these terms of use. Please note in particular the indemnity that you provide under “Limitation, exclusion of liability and indemnity” below.

For the avoidance of doubt, we reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Roz Nay School of Writing and all related items, including any and all copies made of the Roz Nay School of Writing website.

Cancellation Policy

All courses, camps, and workshops are subject to full refund up until 7 DAYS PRIOR to scheduled start date. Beyond that, due to necessities of planning, no refund will be available.

Introduction
1. You agree that by registering on the Website, or by using our website, including our mobile applications, developer platform, premium services, or other information provided as part of the Roz Nay School of Writing services (collectively the “Services”), you are entering into a legally binding agreement with The Roz Nay School of Writing, a Canadian company with registered number 261181481. Its registered office is #208, 403 Baker St , Nelson BC, V1L 4H8 (“we,” “us,” “our,” and “Roz Nay School of Writing”) based on these Terms & Conditions and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a Roz Nay School of Writing user (“User”).
2. By clicking registering on the Website, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
General
1. The Website, its design and contents are all copyright Roz Nay School of Writing. Roz Nay School of Writing grants individual users of the Website a non-exclusive personal licence to view and copy the material on the Website solely for personal and non-commercial use. Such licence is revocable by Roz Nay School of Writing at any time without notice. You agree not to reproduce material on the Website other than in accordance with such licence and, without limitation, not to reproduce any information on the Website on any other website or in any other form. You agree not to arrange for any other website to be connected to the Website by way of hyperlink or otherwise without the prior written consent of Roz Nay School of Writing.
2. Roz Nay School of Writing reserves the right to change these terms of use at any time without notice. Any such changes will be displayed on this page of the Website. Roz Nay School of Writing reserves the right to suspend or cancel or any part of the Website and the services offered therein at any time without notice.
3. Roz Nay School of Writing shall not be liable to you or to any other person in the event that all or any part of the Website is discontinued, modified or changed in any way.
4. You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in:
  1. Schedule 1 – User Agreement; and
  2. The Privacy Policy
5. Suspension of Your Account. We may modify, suspend or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Roz Nay School of Writing community, or to protect our brand or Platform. We also may remove accounts of members who are inactive for an extended period of time.
  A member who has the ability to moderate or manage a particular portion of our Platform also has the ability, in his or her sole discretion, to modify, suspend, or terminate your access to that portion of the Platform.
Information you submit to the Website
1. You own the information you provide Roz Nay School of Writing under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Roz Nay School of Writing a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyse, use and commercialise, in any way now known or in the future discovered, any information you provide, directly or indirectly to Roz Nay School of Writing, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to Roz Nay School of Writing, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as specified in Section 9.
2. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your profile information accurate and updated.

Payment Terms

If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Roz Nay School of Writing or its agents storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.
Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel your Premium Services at any time by contacting info@roznay.com. You also acknowledge that the Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.

Applications and Mobile Content

Roz Nay School of Writing may offer the Services through applications built using Roz Nay School of Writing’s platform (“Roz Nay School of Writing Applications”). Examples of Roz Nay School of Writing Applications include its smart phone and tablet applications, and other interactive plugins distributed on websites across the web. If you use a Roz Nay School of Writing Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing Roz Nay School of Writing plugins that load in your browser may be communicated to us.
Further, by importing any of your Roz Nay School of Writing data through the Roz Nay School of Writing Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Roz Nay School of Writing account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Roz Nay School of Writing through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices

Privacy Policy

You should carefully read the full Privacy Policy as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Roz Nay School of Writing, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

Disclosure of User Information

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (i) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (ii) enforce this Agreement; (iii) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (iv) respond to customer service inquiries; or (v) protect the rights, property, or personal safety of Roz Nay School of Writing, our Users or the public.
Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

Cookies

A number of our pages use cookies to remember:

your display preferences, such as contrast colour settings or font size
if you have already replied to a survey pop-up that asks you if the content was helpful or not (so you won’t be asked again)
if you have agreed (or not) to our use of cookies on this site

Also, some videos embedded in our pages use a cookie to anonymously gather statistics on how you got there and what videos you visited. Enabling these cookies is not strictly necessary for the website to work but it will provide you with a better browsing experience. You can delete or block these cookies, but if you do that some features of this site may not work as intended. The cookie-related information is not used to identify you personally and the pattern data is fully under our control. These cookies are not used for any purpose other than those described here.

No advice or information, whether oral or written, obtained by you in connection with the Website will create any warranty not expressly stated in these terms and conditions.
Each user of the Website hereby agrees that he or she is owed no duty of care or other obligation by Roz Nay School of Writing and that insofar as he or she may be owed any such duty or obligation, he or she waives any rights which he or she may have in respect of such duty or obligation.
You agree to indemnify, defend and hold harmless Roz Nay School of Writing and all officers, employees and agents of Roz Nay School of Writing from any and all losses, liabilities, claims, damages, expenses or costs (including, but not limited to, reasonable legal fees) asserted by any third party in connection with (i) your use of the Website; (ii) your failure to comply with this Agreement; and (iii) any activity in which you engage on or through the Website.

Termination

Mutual rights of termination

1. You may terminate this Agreement, for any or no reason, at any time, with written notice to Roz Nay School of Writing at info@theroznay.com. This notice will be effective upon Roz Nay School of Writing processing your notice. Roz Nay School of Writing may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Roz Nay School of Writing or the party paying for the services may terminate your access to any Premium Services. Termination of your Roz Nay School of Writing account includes disabling your access to Roz Nay School of Writing and may also bar you from any future use of Roz Nay School of Writing.

Misuse of the Services

1. Roz Nay School of Writing may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the Roz Nay School of Writing messaging services; creating multiple or false profiles; using the Services commercially without Roz Nay School of Writing’s authorisation, infringing any intellectual property rights, violating any of the User Agreement in Schedule 1, or any other behaviour that Roz Nay School of Writing, in its sole discretion, deems contrary to its purpose.
Entire Agreement.
1. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Roz Nay School of Writing services, third-party content or third party software.

Amendments to this Agreement.
1. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting on the Website or notifying you otherwise. For example, Roz Nay School of Writing presents a banner on the site when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 13 (Termination).
No informal waivers, agreements or representations.
1. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Roz Nay School of Writing affiliate shall be deemed legally binding on any Roz Nay School of Writing affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Roz Nay School of Writing.
No Injunctive Relief.
1. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Severability
1. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Governing law
1. These terms of use and your use of the Website are governed by and construed in accordance with the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction to determine any dispute in connection with such terms or use of the Website.
Disclaimer

DO NOT RELY ON Roz Nay School of Writing, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR Roz Nay School of Writing AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. Roz Nay School of Writing DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY Roz Nay School of Writing OR ANYTHING RELATED TO Roz Nay School of Writing, YOU MAY CLOSE YOUR Roz Nay School of Writing ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 13 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

Roz Nay School of Writing IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT SENT THROUGH Roz Nay School of Writing TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.

Roz Nay School of Writing DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, Roz Nay School of Writing DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

Roz Nay School of Writing DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. Roz Nay School of Writing DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, Roz Nay School of Writing DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.