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Terms of Use

These Terms of Use (“Terms”) set out the basis on which you may access or use our website at www.neonfemmedesign.co.uk (“the Website”). The Website is operated by Kim Langstoth trading as Neon Femme Design (“we” “us”, “our”).

 

By accessing or using our Website, our other online platforms or social media channels or requesting information in relation to our products or services, you agree to be bound by these Terms, along with our Privacy Notice and Cookie Policy. Please read them carefully before using our Website. If you do not agree to be bound by them, then you must not use or access our Website.

 

Where you choose to purchase any products or services from us then you will be asked to agree to separate terms and conditions associated with that product or service and those terms and conditions will prevail in the event there is a conflict or dispute in the future.

 

For the purposes of these Terms, the definition of Website shall include our online platforms and any social media channels and groups.

 

  1. Using and accessing the Website

 

  1. We make no charge for using or accessing our Website.

 

  1. Should you choose to use or access our Website then you are responsible for putting in place the necessary requirements to allow you to access and use our Website. We shall not be liable to you in the event you are unable to access or use our Website.

 

  1. Our Website is available on an ‘as available’ basis. We reserve the right to suspend, change or remove our Website at any time for any reason and without notice. We shall not be liable to you in any way in the event our Website, or any part of it is out of date, unavailable or inaccessible at any time.

 

  1. Our Website is intended to be accessed and used by individuals who are over the age of 18. By continuing to access and use our Website you are confirming that you are over 18 years old. Any individual under the age of 18 that accesses this Website does so on an unauthorised basis.

 

  1. References to Website within these Terms apply regardless of how you access the Website.

 

  1. Intellectual Property Rights

 

  1. All content that is displayed on or within our Website which includes, but is not limited to, website design and layout, text, images, logos and graphics, video, data, code, audio, document files, scripts, software, databases and any other resources and information (“Content”) belongs to us and all copyright, moral ownership and any other intellectual property rights that arise and/or exist within that Content (and any and all derivatives of it) is owned exclusively by or licensed to us. All content and information on our Website is protected by the intellectual property laws applicable to the United Kingdom as well as international intellectual property laws and treaties and all rights are reserved.

 

  1. When using and accessing our Website you agree NOT to:

    1. copy, reproduce, amend, repost, share, publish, distribute, rent, sell or store any of the Content or assist others in carrying out any such activities; or

    2. use our Website or any Content for any commercial purposes or benefit; or

    3. reproduce the Website or any part which includes, but is not limited to, any Content, design or look and feel;

without our express consent in writing, or a licence, where applicable.

 

  1. You may not use the Website or any Content for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.

 

  1. You may use and access our Website as follows:

    1. to view the Website in a web browser; or

    2. to download or print, for your personal use only, any free resources which are explicitly marked suitable for download; or

    3. to download the Website or parts of it for caching.

 

  1. Where we offer a free resource on or through our Website, whether this is offered as a free gift or in exchange for your personal information, by viewing or downloading that free resource you accept and understand that it is only to be used for your own personal benefit and should not be copied, altered, distributed or otherwise shared.

 

  1. Privacy and Data Protection

 

  1. Please refer to our separate Privacy Notice and Cookie information displayed on our Website for further information on how we process your personal information and our use of cookies and other similar technologies. The content of those policies is incorporated into these Terms and by your continued use of our Website you are consenting to us processing your personal information in accordance with our Privacy Notice.

 

  1. Disclaimer

 

  1. All information provided on our Website is for general information purposes only. Nothing on our Website constitutes advice and should not be taken or interpreted as such. It is your responsibility to ensure that you check that any Content, products or services available on or through our Website satisfy your specific expectations or requirements.

 

  1. We make no warranty, guarantee or representation that the Website or any Content is:

 

  1. accurate, up to date or free from any errors or inaccuracies; or

  2. accessible and/or compatible with your hardware and software; or

  3. not capable of infringing any third-party rights; or

  4. suitable to meet your required expectations or needs.

 

  1. Where we use testimonials or feedback from our customers and/or clients on our Website this content is not to be taken as a guarantee that any current or future customers or clients will receive the same or similar benefits or results. Where testimonials or feedback are included on the Website this is purely as an example of the experiences others have encountered in connection with our products or services.

 

  1. Liability

 

  1. We accept no liability to any user, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, whether foreseeable or not, for:

 

  1. loss, damage or expenses of any kind and however arising, such as loss of data, income, profit, business, goodwill;

  2. any direct, indirect or inconsequential losses or damage;

  3. any claims by third parties;

 

which arise in connection with your use and access of our Website or the use or reliance upon any Content or other information found on our Website.

 

  1. Nothing in these Terms excludes or limits our liability for:

    1. death or personal injury caused by our negligence; or

    2. fraud or fraudulent misrepresentation by us; or

    3. any consumer rights claim; or

    4. any other liability that cannot be excluded or limited by applicable law.

 

  1. We reserve the right to modify, suspend, or otherwise withdraw access to all or part of our Website at any time and accept no liability in connection with such action.

 

  1. If you are a consumer then in accordance with consumer laws, where we provide you with digital content it must be of satisfactory quality, fit for purpose and in accordance with any description we provide. In the event we breach our obligations under consumer rights legislation then you may be entitled to seek a repair, a replacement or a price reduction. You can find out more about your consumer rights by contacting your local Citizens Advice Bureau.

 

  1. If you are a consumer and any digital content, we provide damages your device then you may be entitled to seek legal redress. For more information you should contact your local Citizens Advice Bureau.

 

  1. Where we consider, in our reasonable opinion, that you are in breach of any provisions of these Terms, we reserve the right to immediately terminate your use and access of our Website along with the immediate termination of any services which you may have purchased from us, without refund. You will also be required to destroy any copies of Content which you hold. We also reserve the right to take action in respect of your breach to the full extent of the law.

 

  1.  Website Security

 

  1. Whilst we shall exercise reasonable care and skill to ensure that our Website is free from viruses and any other malicious software, we accept no liability for any loss or damage resulting from a virus or other malicious software or any other event occurring that causes damage to your hardware, software, or any of your data which arises as a result of your direct or indirect use or access to our Website.

 

  1. When accessing our Website, you agree that you will not use our Website or any of our social media channels to transmit data that contains any form of virus, malicious software or code which is designed to cause damage or could have an adverse effect on any computer hardware or software.

 

  1. You agree not to try to gain unauthorised access to our Website or any social media channels or any computer hardware or software connected to our Website.

 

  1. Any breach of this clause may amount to a criminal offence under the Computer Misuse Act 1990 and we reserve our rights to report any activity which we consider breaches this clause.

 

  1. Where we provide you with a password, code, or other access in connection to our Website you agree to keep that access information confidential, private and secure. In the event we consider that you have failed to comply with this requirement then we reserve the right to suspend or terminate your secure access, such decision to be at our absolute discretion.

 

  1. Creating an account

 

  1. Where you are offered the opportunity to create an account to access certain parts of our Website or to purchase our products or services then by creating an account you are confirming that:

 

  1. you are over 18 years of age; and

  2. the information you provide to us is honest, accurate and up to date; and

  3. you will keep you access to your account and any password private.

 

  1. Acceptable usage of our Website, other platforms and social media channels

 

  1. You agree to only use and access our Website and our social media channels in a way which is lawful and in accordance with these Terms and in particular that you will:

 

  1. comply fully with any applicable local, national and international laws, guidance and regulations; and

  2. not use our Website or other social media channels for fraudulent purposes; and

  3. not use our Website or any of our social media channels in any way that will, or is intended to, cause upset, distress or harm to any individual in any way.

 

  1. We shall allow you to post to our Website (including our social media channels) where such posting is permitted. In such cases, posting shall include but not be limited to, posting your original content, commenting on posts or in response to emails, commenting on social media live streams or videos. Where you choose to post any comments or information on our Website or social media channels you are representing that you are at least 18 years of age. We shall not be responsible for reviewing or confirming the accuracy of any Content posted by you.

 

  1. Where you choose to post as set out above, you agree that you will not post any content or information which could cause damage, harm, upset or distress to another user or individual accessing our Website or that may cause damage to our business or reputation. In the event it is determined that you have posted in breach of these provisions then we reserve the right to remove such content immediately, to terminate your access to our Website and/or our social media channels and to take such action as is necessary to the full extent of the law.

 

  1. Where you choose to post any content or information as set out above, you are also providing us with a full and unlimited, non-exclusive and unrestrictive world-wide licence to use, copy, publish, distribute and sell the content you post in whole or in part. By posting you are agreeing to waive your intellectual property rights in relation to the content you post. We are under no obligation to identify you or otherwise credit you as the author of any content which you post and which we may choose to use.

 

  1. We reserve the right to suspend or terminate your access to our Website where we determine that you are in material breach of this clause, or any other provisions contained within these Terms. We further reserve the right to disclose your identity to any relevant third party and to take legal proceedings against you for reimbursement of any costs we incur as a result of your breach.

 

  1. Links to third party websites

 

  1. Where we include links to other websites, we do not accept any responsibility for, nor any liability in connection with, those websites and any content that may be contained within or on them. We do not review their privacy notices or their site content and are not aware of whether cookies or other tracking devices are used. Any links we provide are for information purposes only and if you choose to access them you do so at your own risk.  Where you have concerns regarding the privacy of your information you should make yourself aware of the privacy policies and terms of use of those websites before accessing them or disclosing any personal information.

 

  1. Links to our Website

 

  1. You may link to our Website provided the following conditions are met:

 

  1. you have obtained our written permission; and

  2. the link is undertaken in a fair manner;

  3. the link is owned by you;

  4. the link is not unlawful and does not damage our reputation or seek to take advantage of it;

  5. the link does not suggest or imply any form of association, partnership, approval or endorsement on our part where none exists; and

  6. you do not use any images, logos, trade marks, branding details or other content displayed on our Website without our express written permission.

 

  1. We reserve the right to withdraw our permission to allow links to our Website at any time and for any reason. In the event that we exercise our discretion to withdraw such permission then, upon request, you agree to immediately remove any links to our Website.

 

 

  1. About us

 

  1. The Website at www.lareinecoaching.com is operated by Sophie Lockyer trading as La Reine Coaching. Our business address is 43 Church Manor, Herts, CM23 5AF and our contact email address is sophie@lareinecoaching.com

 

  1. If you need to contact us please email using the email address above.

 

  1. Complaints or concerns

 

  1. Should you have any questions or concerns relating to the content of these Terms or your use of or access to our Website then please contact us by email using the address set out above.

 

  1. Changes to these Terms of Use

 

  1. We reserve the right to alter or amend these Terms at any time, without notice. Should we make any changes to these Terms, then an updated version will be posted on the Website.

 

  1. Whilst we shall endeavour to notify you of any changes by displaying a notice of any changes on our Website, it is your responsibility to ensure that you check these Terms from time to time so that you are aware of any changes, updates or amendments.

 

  1. Applicable Law

 

  1. These Terms shall be governed by the laws of England and Wales and any dispute (whether contractual or otherwise) shall be dealt with under the exclusive jurisdiction of the Courts of England and Wales and the law from time to time in force.

Privacy Notice

This Privacy Notice sets out the details of how Kim Langstroth trading as Neon Femme Design (“we”, “us”, “our”) as data controller, collects and processes your personal data through your use of our website located at www.neonfemmedesign.co.uk, or our other online platforms and/or social media channels which, for the purposes of this privacy notice, shall be collectively referred to as ("the Website") or which you provide to us directly.


For the purposes of this Privacy Notice, personal data shall mean any information that can be used to identify an individual whether directly or indirectly (“Personal Data”) as defined by the UK GDPR and the Data Protection Act 2018.


Please read through the content of this Privacy Notice carefully and ensure that you understand it. If you do not understand the content of this Privacy Notice or do not accept or agree with any terms then you must stop using the Website and/ or accessing our online platforms, social media groups or pages immediately. If you have already provided us with any Personal Data then please contact us immediately using the contact details below.


By accessing the Website and providing us with your Personal Data you are warranting that you are over 18 years of age.


If you have any questions about this Privacy Notice or require more information concerning our privacy and data protection practices please contact us at sophie@lareinecoaching.com.


How we collect and process your Personal Data


We may collect and process Personal Data that you provide to us when subscribing to our newsletter or email list, requesting information through a contact form or by any other communication between us via email, text or through our Website.


We may also collect and process your personal data through the use of cookies or other tracking software on our Website. Please refer to our separate cookie policy for further information.


We may also collect and process Personal Data received from third parties as detailed further below.


We do not carry out automated decision making or any type of automated profiling.


Our grounds for collecting and processing your Personal Data


When we collect and process your Personal Data, we will comply with the relevant data protection laws and principles such as the UK General Data Protection Regulation (“UK GDPR”) and the EU General Data Protection (“EU GDPR”) and the Data Protection Act 2018 which means that your data will be used lawfully, fairly and in a transparent way and kept securely and only for as long as necessary for the purposes we have told you about.


When we collect and process your Personal Data, we do so on the basis of a lawful condition which will be because you have given your consent for us to process your data, we have legal permission to do so, we are under a contractual or legal obligation, or it is in our legitimate interests to do so. We confirm that we shall only collect and process your Personal Data for purposes that are clearly outlined prior to you providing us with your data, or for a legitimate reason.


The types of Personal Data we collect and process


The types of Personal Data which we process will vary depending on your own specific circumstances and the nature of our relationship with you, but typically may include:


  • Personal and Contact Information: this may include your name, date of birth, email address, phone number, business contact details, correspondence address, IP address and any messages or communications that you may provide to us through our Website. We shall process this data for the purposes of communicating with you and for record keeping on the lawful grounds of legitimate interest;


  • Customer or Client Information: where you purchase goods and/or services from us then we may process Personal Data in connection with your purchase and the supply of that purchase, as well as keeping appropriate records. Such information may include your personal Information, billing address, delivery address, credit card or other payment details and we shall process this Personal Data on contractual grounds;


  • Website User Information: this may include comments or statements that you may make or post via the Website, our online platforms or social media channels, images, documents or videos that you share on or through our Website or through any of our pages or other online platforms and information concerning your use of our Website or other online platforms such as your browser information, pixel ID, page views, pages visited, number of visits and where appropriate log-in details. We shall process this information to help us analyse and monitor usage and content of our Website and our other platforms and channels to ensure that the content is relevant, to support our administration and record keeping requirements and to maintain security of our systems on legitimate interest grounds;


  • Promotional Information: this may be information that you provide in connection with any        promotions, marketing or advertising from us or our third parties. We shall use this information to provide relevant offers and advertisements, competitions and promotions and other free resources to you and to monitor our promotional activity, keep records and compile analytics on legitimate interest grounds.


Use of Personal Data for marketing purposes


In accordance with the Privacy and Electronic Communications Regulations (PECR) we may also send you relevant advertisements or marketing information if you:


  1. have ever purchased or enquired about our products or services; and

  2. at the time of your purchase or enquiry you agreed to receive advertising or marketing information from us and you have not opted out from receiving that information.

Where we contact you through email, we shall ensure that our emails clearly display our location and include clear options for you to opt-out from receiving further contact from us in accordance with the CAN-SPAM Act.


You can opt out of receiving any communications from us at any time by using the opt-out links in the communications you receive or by notifying us in writing by email to sophie@lareinecoaching.com. Please note that opting out of communications will not prevent us from contacting you where we are required to do so in order to provide you with products or services that you have requested or purchased.


We will never share your Personal Data with any third party for their own marketing purposes without your express consent.


Special Category Personal Data


We do not collect any special category Personal Data. Special category data includes Personal Data relating to your health, race or ethnicity, political opinion, religious or philosophical beliefs, trade union membership, genetics, biometrics, sex life or sexual orientation. We do not process any Personal Data relating to criminal offences and convictions.


Disclosure of Personal Data to third parties


We may use any of the following external service providers to support our business and may share your Personal Data with them.


  1. Instagram

  2. Teachable

  3. Kajabi;

  4. Active Campaign;

  5. Facebook;

  6. Google;

  7. Paypal;

  8. Stripe;

  9. Zoom;

  10. Dropbox;

  11. WeTransfer

  12. Whatsapp.

  13. Slack

  14. Voxer

  15. HelloSign


We understand that all of these third parties have appropriate technical and security processes in place to protect your Personal Data. If you have any queries concerning how any of these third parties process your Personal Data, we recommend that you review their individual privacy notices which are available on their respective websites.


We may also share your Personal Data as follows:


  1. where it is necessary for external service providers who we have contracted with to provide us with services in connection with our business activities;

  2. where it is required by our IT support or administration support teams;

  3. where it is required by our accountants, lawyers or other professional advisors;

  4. where we are required by a government body or legal obligation or to protect our rights;

  5. where it is required in connection with the sale or purchase of any part of our business or assets;

V.            with any other member or company of our group.  


Where we have contracted with an external service provider to provide us with a function or service, we will only disclose such Personal Data that the service provider needs to undertake that function or service and we require that all external service providers agree to keep your Personal Data secure in accordance with the relevant Data Protection legislation.


Transfer of Personal Data


Option 1


We may transfer your Personal Data to our third-party service providers who are based outside of the UK. Where your Personal Data is transferred outside of the UK by our third-party service providers, we understand that one or more of the following safeguards relating to the security of your Personal Data apply:


  1. the relevant UK regulatory authorities have approved the transfer of data to the country where the service provider is based; or

  2. an adequate level of protection is in place in the country where the service provider is based; or

  3. we have specific contracts in place that ensure a level of data protection comparable with the UK GDPR; or

  4. where the service provider is based in the US, a privacy framework approved by the relevant UK regulator is in place. 

Where the above standards do not apply then we will only transfer your Personal Data outside of the UK where one of the following conditions is met:


  1. you have given your express consent; or

  2. the transfer is legally required.


Data security


We take the protection of your Personal Data seriously and have taken suitable and reasonable steps to protect the Personal Data we hold from misuse, loss, unauthorised access, and any modification or disclosure.


We limit access to your Personal Data to only those employees, agents, contractor or third parties that we engage that have a business need to access your Personal Data.  We confirm that they will only process your Personal Data on our instructions and must agree to keep it safe and confidential.

If you are submitting any Personal Data over the internet that you wish to remain private, please note that whilst attempts are made to secure information transmitted to our Website, there are inherent risks involved in transmitting information across the internet. If you would prefer to provide us with your Personal Data through alternative means then you can contact us using the details below to arrange this.


Data retention


We agree not to keep your Personal Data for longer than we require having regard to the purposes for which we have collected it, including any legal or record keeping requirements. Where your Personal Data is no longer required, we agree to take reasonable steps to destroy or permanently de-identify your Personal Data.


Your rights in relation to the Personal Data we hold


You have rights under the relevant data protection legislation in relation to your Personal Data. These include the right to be informed about our collection and processing of your Personal Data, you right to access and receive a copy of any of your Personal Data we hold, to ask us to correct any errors, to erase or delete your Personal Data and to restrict or object to how your Personal Data is processed. Should you wish to exercise any of your rights then please contact us by emailing using the details below.


You will not be charged a fee to access your Personal Data but we reserve our rights to charge a fee where we consider, in our reasonable opinion, that any request you make is unfounded or excessive. We aim to respond to all legitimate requests within one month.


You can find out more about your rights by visiting https://ico.org.uk/your-data-matters/


To ensure the information we hold about you remains accurate please contact us by email using the details below if at any time your personal information changes.


Where you have provided your consent for us to process your Personal Data you can withdraw that consent at any time. Should you wish to do so please contact us by email using the email address below.


Contact Details


The Website is owned by Kim Langstroth trading as Neon Femme Design. Our contact email address is: neonfemmedesign@gmail.com.


Our Data Protection Officers details are as follows:

Name of DPO: Kim Langstroth

Email Address: neonfemmedesign@gmail.com


Complaints or concerns


If you have any concerns regarding the use of your Personal Data then please contact us by using the email address referred to above and allow us the time to investigate and resolve your complaint or concern.


If you are based in the UK you also have the right to lodge a complaint with the Information Commissioners Office (ICO), the UK supervisory authority for data protection issues but we would ask that you contact us first and allow us the opportunity to resolve your complaint before contacting the ICO.


If you are not based in the UK then you can pursue a complaint to the relevant regulatory authority in your territory but we would ask that you contact us first and allow us the opportunity to resolve your complaint before contacting them.


Links to other sites


The Website may contain links to other sites. We are not responsible for the privacy practices of those websites and have no knowledge of whether cookies or other tracking devices are used on any such linked sites. If you have any concerns regarding the privacy of your information you should ensure you review the privacy policies of those sites before disclosing any of your personal information.


Changes to this Privacy Notice


We reserve the right to alter or amend this Privacy Notice without any prior notice to you. Should our Privacy Notice be altered, the new Privacy Notice will be posted on the Website.


Your first use of our Website after the date of any amendments or alterations to this Privacy Notice will constitute your acceptance of such changes, therefore we recommend you review this Privacy Notice regularly to keep informed of any changes.

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