Emmanuel’s operates these Sites: Emmanuel’s and Emmanuel’s Shop. Throughout the Terms of Use, the terms “Site,” “site,” "we," "us," and "our" refer to Emmanuel’s. Emmanuel’s offers this Site, including all information, tools, and services available from this Site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here and in the Disclaimer and Privacy Policy.
By visiting our Site and purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use," "Terms"), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Use apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Use carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current Site shall also be subject to the Terms of Use. Review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and changes to our Site.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Emmanuel’s hosts the Sites at Super, Payhip, and Cloudflare. They provide us with online platforms that allow us to provide our Services to you.
SECTION 1 - ONLINE SITE TERMS
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your country or state of residence, and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our Service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Do not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms would result in an immediate termination of your Services.
Testimonials, Reviews, and Comments
When adding Testimonials, Reviews, and Comments, these may or may not be moderated and need to conform to these Terms of Use.
If, at any point, we provide you with a username and password facility for you to access restricted areas of our Site, you need to ensure that both your username and password are kept confidential.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
During the transfer of credit card information over any network, the card details get encrypted.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site provided without express written permission by us.
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
Our Service is available on mobile devices. Do not use our Service in a way that distracts you and prevents you from following traffic or safety laws.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information on this Site is not accurate, complete, or current. The material on this Site is provided for general information only. It should only be relied upon or used as the sole basis for making decisions if consulting primary, more accurate, more complete, or more timely sources of information.
Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time; we have no obligation to update any information on our Site.
You agree that it is your responsibility to monitor changes to our Site. Notwithstanding those mentioned above, we endeavor to guide each visitor in a sound direction. To be sure of any details found here, consult other sources for confirmation.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (where applicable)
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to exchange only according to our Returns Policy. We have made every effort to display the colors and images of our products as accurately as possible on the Site. However, we do not guarantee that your computer monitor's display of any color is accurate.
We reserve the right but are not obligated to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All product descriptions or pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you would meet your expectations or that we could correct any errors in the Service.
Reselling Emmanuel’s products/services without our prior consent is strictly prohibited.
SECTION 6 – SALES
- We do not necessarily underwrite our content and discussions.
- Product Plans run on a month–to–month or year-to-year basis until canceled.
- When purchased as lifetime product plans, they are a once-off lifetime purchase with no cancelation option.
- When you cancel your account, payment runs until the end of your current billing cycle.
- You are not permitted any form of refund if you have breached the Terms of Use in any way.
- Cancelling a Stripe or Card subscription directly without notifying us may result in an automated termination of Service and possible loss of data.
Any charges laid out in these terms are in USD. Where billing is in another currency, we process any due charges using the current day's exchange rate.
Customers who require technical support are welcome to contact us at any time via any of our channels. Contact Us. Attempting to seek support via any other channel may delay or even hinder our response.
To aid our customer service representatives, clients should include a clear outline of account information, system reference numbers, and adequate details of any problems when they submit a request for support. Please provide a detailed description and screenshots or audio recordings where required—failure to do so results in a delayed response and resolution time.
Emmanuel’s agrees to offer support to clients only on topics directly related to our Service. Any views, information, or opinions presented in any form of communication from Emmanuel’s staff member are solely those of the person and do not necessarily represent those of the company.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or order. These restrictions may include orders placed by you or under the same customer account, the same credit card, and orders that use the same billing address.
In the event that we change or cancel an order, we may attempt to notify you by the email and billing address/phone number provided when you placed the order. We reserve the right to limit or prohibit orders.
You agree to provide current, complete, and accurate purchase and account information for all purchases you make. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, to complete your transactions and to contact you as needed. For more details, please review our Returns Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to or information about third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access/guidance to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Your use of optional tools offered through the Site is entirely at your own risk and discretion. Ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s).
We may also offer new services and features through the Site (including the release of new tools and resources.) Such new features and services shall also be subject to these Terms of Use.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties. Note that third-party links on this Site may direct you to their websites. Third-party sites or companies are not all affiliated with us.
We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and do not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction: direct complaints, claims, concerns, or questions regarding third-party products to the third party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments,') you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.
We may, but have no obligation to monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Use. You agree that your comments do not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right.
You further agree that your comments do not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 11 - PERSONAL INFORMATION
Our Privacy and Confidentiality Policy governs your submission of personal information.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our Site or in the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, and availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related site is inaccurate at any time without prior notice (including after you have submitted your order.)
We undertake no obligation to update, amend, or clarify information in the Service or on any related site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related site indicates that all information in the Service or on any related site has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may be used in any way that would affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
SECTION 14 - FAIR USE POLICY
When you follow our service's fair use policy, we do work within reason outside the Fair Use Policy only after an additional amount is charged and paid in full.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Emmanuel’s and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. We remove the unenforceable portion from these Terms of Use; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are practical unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services or when you cease using our Site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice, and you remain liable for all amounts due up to and including the date of termination; and accordingly may deny you access to our Services (or any part thereof.)
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, not limited to, any prior versions of the Terms of Use).
Do not hold any ambiguities in the interpretation of these Terms of Use against us.
If you do not comply with these terms and we do not take action immediately, this does not mean that we are giving up any rights that we may have (such as taking action in the future.)
SECTION 19 - GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of South Africa.
SECTION 20 - CHANGES TO TERMS OF USE
Review the most current version of the Terms of Use at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and changes to our Site.
It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
If these terms and additional terms conflict, the additional terms prevail to the extent of the inconsistency.
SECTION 21 - CONTACT INFORMATION
Send your questions about the Terms Of Use to us via Contact Us.
27 September 2024