Terms of Service

Last Updated on February 6th, 2016

The terms and conditions below govern your access to and use of www.annahughes.org websites, products, and services (collectively, the“Services”). The Terms and Conditions constitute a legal agreement between you and Anna Hughes. You agree to the Terms and Conditions by accessing or using the Services. Do not access the Services or use the Services or Order Online or Authorise the written Quotation or Authorise the written Service Agreement, if you are unwilling or unable to be bound by the Terms and Conditions.

Definitions

Changes to the Terms of Service

We may modify these Terms of Service from time to time. When changes are made, we will notify you by making the revised version available at https://annahughes.org/terms-of-service/ and will indicate at the top of the Terms of Service the date that revisions were last made. You understand and agree that your continued use of the Site and our Services after any posted modification to the Terms of Service indicates your acceptance of the modification.

While reasonable steps have been undertaken to ensure that the materials, links, information, services and other resources contained on this website and blog are free from error, to the extent permitted by law, which law cannot be excluded, Anna Hughes does not warrant the accuracy, adequacy or completeness of content.

To the maximum extent permitted by law, Anna Hughes disclaims liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with (1) use of the website, or the inability to use the website by any party; or (2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or (3) line or system failure or the introduction of a computer virus, or other technical sabotage; or (4) any content on the website published by a third party; or (5) any personal injury or death arising out of Energy healing, communication with Anna Hughes, and your use of this website and the information, ideas, suggestions, techniques, and other materials.

By booking, attending or participating in a session/treatment of energy healing or guidance with Anna Hughes, including viewing this website, you agree to fully release, indemnify, and hold harmless, Anna Hughes, and others associated with Anna Hughes, from any claim or liability whatsoever, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders, lost profits, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with (1) use of the website, or the inability to use the website by any party; or (2) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or (3) line or system failure or the introduction of a computer virus, or other technical sabotage; or (4) any content on the website published by a third party; or (5) any personal injury or death arising out of Energy healing, communication with Anna Hughes, and your use of this website and the information, ideas, suggestions, techniques, and other materials.

If any court of law rules that any part of the indemnity, release or disclaimer is invalid, the indemnity, release or disclaimer stands as if those parts were struck out. This website and accompanying blog contains copyrighted material (all rights reserved). You may not disseminate, modify, copy, in whole or in part, such copyrighted material unless specifically permitted to do so by Anna Hughes.

By continuing to explore this website, or choosing to correspond with and receive energy healing from Anna Hughes, you agree to all of the above.

The website may contain a number of links to other Internet sites which are operated by third parties. The provision of the link does not mean that Anna Hughes endorses or accepts any responsibility for the content, use, or products and services made available through the associated web sites. By utilising these links, you acknowledge and agree that Anna Hughes is not responsible for the actions, content, accuracy, privacy policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledge and agree that Anna Hughes is not responsible either directly or indirectly for any damage or loss caused by use of or reliance on linked sites. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator.

Subscriptions and Purchases

Your Anna Hughes Services begin at the moment of your first payment to Anna Hughes. By purchasing or subscribing to Anna Hughess services, you grant Anna Hughes the right to (1) create, access and manage profiles or websites in your name using Anna Hughes Content, Your Content, Third Party Content, and publicly available information; (2) post, at Anna Hughess discretion, Content to the above-mentioned profiles or websites in your name; (3) access, collect, read, analyze, and otherwise use on your behalf the information available on the above-mentioned profiles or websites; and (4) host, using the resources of Anna Hughes or its affiliates, the above-mentioned profiles or websites.

Notwithstanding the suspension of the Site, you are still liable to pay the Subscriptions current from time to time for the Site and/or Site suspension period until the date of the termination or the resumption of the Site (as the case may be). Any disputes must be made in writing regarding an invoice must be raised within 30 days of the date of the invoice notwithstanding, where relevant. Please note that no credit or refund is available in respect of any time when the Site is ‘down’ or suspended. If you have not paid any invoice by the due date, we reserve the right to (i) vary the billing frequency at any time without prior justification; (ii) issue an interim invoice for accrued Charges, which will become immediately due and payable; (iii) re-issue any invoice if any error is subsequently discovered; and invoice you through a billing agent or any of our Affiliates; (iv) Charge interest on any outstanding amount at 2% per month until the invoice has been paid in full and to Charge a handling fee, collection agency fee, late fee, reconnection fee and/or require a security deposit if your Site are suspended or terminated before payment is made; and (v) transfer any amount that is owing to you or due from you under any of your accounts, if you have more than one account with us, so as to settle any outstanding amount due to us under any of your accounts whether they have been terminated or suspended.

Upon termination of your use of Anna Hughess Site, you retain the right to access and control the above-mentioned profiles or websites, as well as Your Content.
Subscription Payment and Term

By purchasing or subscribing to Anna Hughess Site, you agree to a minimum contract term of Three (3) months, during which you are obliged to pay monthly for services of a value no less than your original subscription price. Upon the expiration of the minimum contract term, Site, service and billing will automatically continue on a month-to-month basis, during which you may cancel or change your subscription anytime with 60 days notice. A valid credit card or advanced payment is required for paying accounts. Advanced Deposits and/or Subscriptions are billed on a monthly basis at the beginning of each subscription month and are non-refundable.
Financing

Where the acquisition of hardware, software, programs, and/or services (collectively, the “Site”) acquired from Anna Hughes or one of its reseller partners is financed or leased, this sets forth Anna Hughes’s financing and leasing policies. This applies where the Client or Reseller enters into an agreement or purchasing or subscribing to the Site or the Services supplied by Anna Hughes.

Payment Obligation. Client retains its payment obligations to Anna Hughes. Client shall pay any remaining balance.

Release of Security Interests. Subject to Anna Hughes’s receipt of the financed principle amount and all additional sums then remaining outstanding, Anna Hughes shall release and promptly cause to be filed releases and termination statements in such forms as may reasonably be requested by the Client of all of Anna Hughes’s liens and security interests in the assets, rights, and properties of the Client.

Ownership Rights and Relationships. No Ownership Rights Transferred without Consent and Anna Hughes’s receipt of the financed principle amount and all additional sums then remaining outstanding.

Without Anna Hughes’s written consent the Client may not be granted any interest in or rights to Anna Hughes’s intellectual property, licensed software, services, or operating system and integrated software (e.g. firmware) that is a part of hardware products, regardless of agreed upon terms in any contemporaneous communications, contracts, proposals and quotations (whether oral, written or electronic) between you and Anna Hughes. Any transfer of rights requires Anna Hughes’s consent, which shall be in the form of a separate letter from Anna Hughes.
Cancellation and Termination

You are solely responsible for properly cancelling your subscription. Should you wish to cancel prior to expiration of the minimum contract term, full payment of the remaining amounts will be due immediately. In order to cancel your subscription, you must contact your dedicated account manager via telephone at least seven days before your next billing date. Email and voicemail messages to Anna Hughes are not a recognized method of cancellation. Anna Hughes, in its sole discretion, has the right to suspend or terminate your subscription and refuse any and all current or future use of the Site, or any other Anna Hughes service, for any reason at any time. Such termination of the subscription will result in the deactivation or deletion of your subscription or your access to your subscription. Anna Hughes reserves the right to refuse service to anyone for any reason at any time.

Upon the discretion of Anna Hughes in writing, you may change your booking details upon payment of the rebooking fee and a handling charge that will be assessed and billed to you for immediate payment.

 

Indemnification

You agree to indemnify and hold harmless Anna Hughes and its affiliates and their shareholders, directors, officers, employees, representatives, agents, and assignees from and against all taxes, losses, damages, liabilities, costs and expenses, including attorneys fees and other legal expenses, arising directly or indirectly from or in connection with (i) any negligent, reckless or intentionally wrongful act of you or your assistants, employees, contractors or agents, (ii) any breach by the you or your assistants, employees, contractors or agents of any of the covenants contained in these Terms of Service, (iii) any failure of you or your assistants, employees, contractors or agents to conduct business in accordance with all applicable laws, rules and regulations, (iv) any failure of you or your assistants, employees, contractors or agents to perform its obligations under these Terms of Service, or (v) any violation or claimed violation of a third partys rights resulting in whole or in part from Anna Hughess reliance on your performance of your obligations under these Terms of Service.
Limitation of Liability

Anna Hughes SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE CONTENT OR THE Anna Hughes MATERIALS. IN NO EVENT SHALL THE “Anna Hughes PARTIES” BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, THE SERVICE OR OF ANY CONTENT OR Anna Hughes MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THE SITES OR THE SERVICE, EVEN IF Anna Hughes HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITES AND THE SERVICE, AND YOU WILL NOT MAKE A CLAIM AGAINST Anna Hughes FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE SITES OR THE SERVICE.

UNDER NO CIRCUMSTANCES WILL THE Anna Hughes PARTIES BE LIABLE TO YOU FOR MORE THAN THE SERVICE SUBSCRIPTION FEE FOR THE SERVICE TERM DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Anna Hughes AND YOU.
No Warranty

THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN AS IS BASIS. Anna Hughes MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT. Anna Hughes FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM Anna Hughes OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
Third Parties

The Site may include links and information from other websites (each, a Third Party Site). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites. The Sites or the Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Anna Hughes’s control, and you acknowledge that Anna Hughes is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Anna Hughes or any association with its operators. You further acknowledge and agree that Anna Hughes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such website or resource.
Submissions

You acknowledge and agree that all information, data, text, software, music, graphics, video, messages, tags or other materials submitted by users of the Sites or the Service (“Content”) is the sole responsibility of the party from whom such Content originated. This means that you, and not Anna Hughes, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Sites or the Service (“Your Content”), and other users of the Service and not Anna Hughes are similarly responsible for all content they Make Available through the Sites or the Service. You also agree that you have obtained all necessary rights and licenses, and agree that Your Content shall be considered non-confidential. You agree to provide accurate and complete information in connection with your submission of Your Content on the Service. You hereby grant Anna Hughes a worldwide, irrevocable, royalty-free, nonexclusive license to use Your Content as part of the Service, without any compensation or obligation to you. Anna Hughes reserves the right to not use or publish Your Content, and to remove or edit any Your Content, at any time in its sole discretion without notice or liability.

Anna Hughes has the right, but not the obligation, to monitor any of Your Content that you Make Available on the Sites or the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Anna Hughes in its sole discretion deems appropriate, including, without limitation, termination.
Website Protect Rules and Conduct

As a condition of your use of the Service, you agree that (a) you will follow Anna Hughes’s guidelines and recommendations on how to prevent reinfection of the Covered Websites, and (b) you will not to use the Service for any purpose that is prohibited by the Terms or by applicable law. The Service (including, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics and interactive features generated, provided or otherwise made accessible by Anna Hughes or its partners on or though the Service or the Sites (“Anna Hughes Materials”) is provided only for your own use. You are responsible for all of your activity in connection with the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) Make Available any of Your Content on or through the Service, that:

• Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
• Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
• Involves commercial activities and/or sales without Anna Hughes’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
• Impersonates any person or entity, including any employee or representative of Anna Hughes.

You shall not attempt or engage in potentially harmful acts that are directed against the Sites or Service including, without limitation, the following: (a) Using the Sites or Service in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to use your Account(s) or impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account(s) that you are not authorized to access; (e) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the Sites or the Service; (g) violating or attempting to violate any security features of the Sites or the Service; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Sites; (i) intentionally introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Sites or the Service, outside of the infected Covered Websites; (j) interfering or attempting to interfere with the use of the Sites by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” “hacking,” “phishing,” or “crashing” the Sites or the Service; (k) causing, allowing or assisting machines, bots, or automated services to access or use the Sites or the Service without the express written permission of Anna Hughes; (l) tampering with the operation, functionality, or the security of the Sites or the Service; (m) attempting to override or circumvent any security or usage rules embedded into the Sites or the Service that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the Sites or the Service, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Sites or the Service; (p) harvesting or collecting e-mail addresses or other contact information of other users or clients from the Sites or the Service by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Sites or the Service; (r) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Sites or the Service; (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (t) modifying, translating, or otherwise creating derivative works of any part of the Sites or the Service; or (u) copying, renting, leasing, distributing, or otherwise transferring any or all of the rights that you receive hereunder.

Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.

Anna Hughes reserves the right to remove any Content, including Your Content, from the Sites or the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Anna Hughes is concerned that you may have violated these Terms), or for no reason at all.

If at any time during the Service Term, you submit a Malware Removal Request for a Covered Website that Anna Hughes determines is infected, Anna Hughes will use reasonable commercial efforts to clean the infected Covered Website.

EXCEPT AS SET FORTH ABOVE, THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR Anna Hughes MATERIALS) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Anna Hughes, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS (THE “Anna Hughes PARTIES”) DO NOT WARRANT THAT: (A) THE SERVICE WILL PREVENT THE INFECTION, OR RE-INFECTION, OF THE COVERED WEBSITES; (B) THE COVERED WEBSITE WILL OPERATE AFTER IT HAS BEEN CLEANED BY Anna Hughes; (C) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITES OR THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM, ANY DEVICE YOU USE TO ACCESS THE SITES OR THE SERVICE, AND ANY COVERED WEBSITES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

YOU UNDERSTAND AND AGREE THAT YOU USE THE SITES AND THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEMS, THE COVERED WEBSITES, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITES AND THE SERVICE.
Dispute Resolution

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Anna Hughes agree that any cause of action arising out of or related to the Service Period or Post Implementation Period must commence within seven (7) days after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms shall be governed by and construed in accordance with the laws of the HKSAR. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in HKSAR, using the English language.
Integration and Severability

The Terms of Service are the entire agreement between you and Anna Hughes with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications, contracts, proposals and quotations (whether oral, written or electronic) between you and Anna Hughes with respect to the Sites. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law, and the remainder of the agreement shall remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Miscellaneous

If there is any dispute about or involving the Site or Anna Hughes, you agree that any such dispute will be governed by the laws of the HKSAR without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the HKSAR.

No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.

We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.

Except as otherwise stated, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

The Terms of Service contain the entire agreement between you and us regarding the use of the Site, and supersede any prior written and oral agreements, discussions, or representations between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.

Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.

The Terms of Service are not assignable, transferable or sublicensable by you except with Anna Hughess prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.

These Terms of Service, and your rights and obligations hereunder, may not be assigned, sublicensed, subcontracted, delegated, or otherwise transferred by you without Anna Hughes’s prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void.

The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.