ANITA HORRY ACADEMY

WEBSITE AND GENERAL TERMS & CONDITIONS

These Terms & Conditions (“Terms”) govern the use of www.anitahorryacademy.com (“Website”) and the purchase or use of products, programmes and services offered by Anita Horry, trading as Anita Horry Academy (“AHA”, “we”, “us” or “our”).

Please read these Terms carefully before using the Website or purchasing from AHA.

By using the Website, creating an account, submitting a booking, enrolling in a programme or purchasing a product or service, you agree to these Terms together with any specific terms that apply to the relevant purchase.

1. ABOUT ANITA HORRY ACADEMY

Anita Horry Academy is operated by:

Anita Horry
Trading as Anita Horry Academy

Email: [email protected]
Website: www.anitahorryacademy.com

AHA provides Pilates education, teacher training, continuing professional education, workshops, online courses, mentoring, business education and coaching, retreats and related educational and professional-development services.

2. DEFINITIONS

For these Terms:

“Consumer” means an individual purchasing primarily for purposes outside their trade, business, craft or profession.

“Business Customer” means any person purchasing wholly or mainly in connection with their trade, business, profession or commercial activity.

“AHA Materials” includes AHA’s original manuals, course materials, videos, recordings, presentations, photographs, worksheets, templates, examination and assessment materials, digital resources, business resources, graphics and other educational content.

“Specific Programme Terms” means any Student Guide, enrolment agreement, booking conditions, fee schedule, programme policy or other terms expressly supplied for a particular programme or service.

3. THESE TERMS AND SPECIFIC PROGRAMME TERMS

These Terms are the general Terms governing the AHA Website and AHA services.

Certain products and programmes have additional terms because they involve particular payment commitments, attendance requirements, dates, cancellation provisions, certification conditions or participation requirements.

These may include:

• AHA Teacher Training programmes;
• retreats and residential programmes;
• coaching and mentoring programmes;
• workshops and continuing-education programmes;
• live events; and
• other services for which specific booking conditions are provided.

Where Specific Programme Terms apply, they form part of the contract between you and AHA.

Teacher Training

Participants enrolling in AHA Teacher Training are additionally subject to the applicable:

• AHA Student Guide;
• Enrolment Agreement; and
• Fee and Date Schedule or payment agreement.

Matters including student status, certification, assessments, examinations, required hours, practice teaching, attendance, conduct, intellectual-property obligations specific to students, leave of absence, withdrawal, termination, educator activity and graduation requirements are governed by those documents.

Where Specific Programme Terms conflict with these general Terms, the Specific Programme Terms will prevail in relation to that programme, to the extent permitted by applicable law.

Nothing in this provision excludes legally binding pre-contractual information.

4. AGE AND CAPACITY TO CONTRACT

You must be at least 18 years old and legally capable of entering into a contract to make a purchase from AHA unless AHA expressly agrees otherwise in writing.

If you purchase on behalf of a company, studio, organisation or other business, you confirm that you have authority to bind that entity to the applicable agreement.

5. USE OF THE WEBSITE

You may use the Website only for lawful purposes.

You must not:

• attempt to gain unauthorised access to the Website, servers, systems or user accounts;
• interfere with the Website’s security or operation;
• knowingly introduce malware, harmful code or other technological threats;
• scrape, harvest, crawl or systematically extract Website or course content without permission;
• impersonate another person;
• provide deliberately false information;
• circumvent payment, account or digital-access controls;
• use the Website fraudulently or unlawfully;
• frame or reproduce the Website in a way that suggests an unauthorised relationship with AHA; or
• use AHA content in breach of these Terms or applicable intellectual-property law.

AHA may take reasonable measures to protect the Website, users, confidential information and intellectual property.

6. USER ACCOUNTS

Certain services require an individual user account.

Your account and login credentials are personal to you and may not be transferred or shared.

You must not:

• allow another person to access paid AHA content through your account;
• share passwords;
• resell account access;
• create multiple accounts to circumvent purchase or access restrictions; or
• provide access to AHA content to someone who has not purchased or been authorised to receive it.

You are responsible for taking reasonable steps to protect your account credentials.

Please notify AHA promptly if you believe your account has been compromised.

Where AHA reasonably suspects unauthorised account sharing, copying, security breaches or other misuse, access may be temporarily suspended while the matter is investigated.

7. ORDERS, ENROLMENTS AND CONTRACT FORMATION

Descriptions of products and services are provided on the relevant Website page, checkout, booking documentation or programme information.

Submitting an order or application does not necessarily mean AHA has accepted it.

A contract is formed when AHA:

• confirms the order or enrolment;
• expressly accepts your application;
• gives you access to the purchased digital product or service; or
• otherwise confirms acceptance.

AHA may refuse an order or enrolment where, for example:

• programme eligibility requirements have not been satisfied;
• a programme is full;
• payment has not been authorised;
• there is an obvious pricing or Website error;
• the transaction appears fraudulent;
• providing the service would be unlawful; or
• another reasonable programme-specific ground for refusal applies.

8. WEBSITE ERRORS AND PRICING ERRORS

We take reasonable care to ensure information on the Website is accurate.

However, typographical, technical, pricing or administrative errors may occasionally occur.

AHA may correct such errors.

If an obvious pricing or material description error is identified before an order has been accepted, AHA may decline the order and invite the customer to purchase at the correct price.

Where a contract has already been validly formed, AHA will not retrospectively change the agreed price merely because AHA later chooses to charge a different price.

9. PRICES, VAT, TAXES AND CURRENCY

Prices will be displayed in the currency applicable to the relevant service.

Where required, VAT or other applicable taxes will be included in the displayed price or identified before the customer becomes contractually bound.

Customers are responsible for any independent currency-conversion, international banking or payment-provider charges imposed by their own financial provider.

Programme-specific deposits, payment-plan charges and ancillary fees are governed by the relevant programme documentation rather than these general Terms.

10. PAYMENT AND PAYMENT PLANS

Payment may be required:

• in full;
• by deposit followed by instalments; or
• according to another payment arrangement expressly agreed by AHA.

Where a payment plan applies, the customer will be informed of the total contractual price and payment schedule before becoming bound.

A payment plan is a method of paying an agreed price and does not by itself mean that each instalment purchases a separate part of a programme.

Any programme-specific continuing payment obligation will be governed by the applicable programme agreement.

If an agreed payment becomes overdue, AHA may, subject to the applicable agreement and law:

• request payment;
• retry an authorised payment method where permitted;
• suspend future access or delivery while the account remains overdue; and
• recover amounts lawfully due.

Suspending access does not automatically cancel a contractual payment obligation already incurred.

11. PAYMENT DISPUTES AND CHARGEBACKS

If you believe that a payment has been taken incorrectly, please contact AHA promptly so that the matter can be investigated.

A fraudulent, abusive or unjustified payment reversal or chargeback does not extinguish a debt that is otherwise lawfully due under an agreement.

AHA may suspend access while a disputed payment is investigated where reasonably necessary.

12. CONSUMER WITHDRAWAL RIGHTS

Depending on the nature of the purchase, Consumers purchasing remotely may have a statutory withdrawal period, commonly 14 days, subject to applicable legal exceptions.

Different legal rules can apply to services, digital content, accommodation and services connected with specific dates.

Services commencing during a withdrawal period

Where legally applicable, if you expressly request that a service begins during the statutory withdrawal period and subsequently exercise a right to withdraw, you may be required to pay for the proportion of the service already supplied.

Immediate digital content

Where digital content is made available immediately, AHA may require the Consumer to:

1. expressly request or consent to immediate supply; and
2. acknowledge the effect that commencement of supply has on any applicable withdrawal right.

Any such waiver or loss of a statutory withdrawal right will apply only where the legal requirements for it have been properly satisfied.

13. CANCELLATIONS, REFUNDS, CREDITS AND TRANSFERS

Cancellation and refund arrangements differ according to the nature of the product or service.

The applicable rules may therefore be contained in the relevant:

• booking page;
• checkout;
• Student Guide;
• Enrolment Agreement;
• retreat booking terms;
• coaching agreement; or
• other Specific Programme Terms.

Where Specific Programme Terms apply, those provisions govern the relevant cancellation, credit or transfer request.

14. TRAVEL AND INDEPENDENT EXPENSES

Where participation requires travel, customers are responsible for arranging appropriate travel, visas, insurance and other personal requirements unless expressly stated otherwise.

Unless required by law or expressly agreed by AHA, AHA is not responsible for independent expenses such as:

• flights;
• visas;
• independent accommodation;
• airport transfers;
• loss of earnings;
• independent travel bookings; or
• other arrangements made directly by the participant.

Participants travelling for AHA programmes are strongly encouraged to obtain appropriate travel and cancellation insurance.

15. PROGRAMME, VENUE AND SCHEDULE CHANGES

AHA may make reasonable operational changes where necessary, including:

• timetable adjustments;
• venue changes;
• instructor substitutions;
• updates to delivery format;
• reasonable curriculum updates;
• temporary changes to online platforms; or
• rescheduling where circumstances require it.

AHA will not make a material change to a purchased service arbitrarily.

Where a change fundamentally alters a service already purchased, the customer’s rights will be determined by the applicable Specific Programme Terms and mandatory law.

The identity of a particular teacher, presenter or venue forms part of the contract only where expressly stated to be a material condition of the booking.

16. EVENTS OUTSIDE AHA’S REASONABLE CONTROL

AHA will not be responsible for delay or failure to perform caused by circumstances genuinely outside its reasonable control, which may include severe weather, natural disaster, epidemic or public-health restrictions, transport disruption, venue closure, governmental action, war, civil disturbance, major infrastructure failure or serious technological disruption.

Where reasonably possible, AHA may respond by:

• rescheduling;
• changing venue;
• providing an appropriate alternative;
• moving suitable teaching online; or
• taking another reasonable step to deliver the affected service.

For Business Customers, AHA will not be liable for indirect commercial loss resulting from such events.

17. DIGITAL COURSES AND ONLINE ACCESS

Digital products may include videos, recordings, live-streamed sessions, manuals, presentations, templates, downloadable files, online learning activities and other educational resources.

Unless otherwise stated:

• access is personal to the authorised participant;
• access applies for the period advertised or agreed;
• an internet connection and compatible device are required;
• digital access may not be transferred;
• AHA may perform reasonable maintenance and updates; and
• temporary interruptions may occur.

AHA will take reasonable steps to maintain digital services but does not warrant uninterrupted access at every moment.

18. INTELLECTUAL PROPERTY

Anita Horry Academy (“AHA”) invests substantial time, professional expertise, experience and resources in the creation and development of its educational content, programmes and resources.

For the purposes of these Terms, “AHA Materials” includes, without limitation, all original materials created, developed, commissioned or supplied by AHA in connection with its Website, courses, programmes, workshops, mentoring, coaching and educational activities, including:

manuals, written content, teaching notes, explanations, exercise descriptions, presentations, slides, worksheets, handouts, photographs, illustrations, diagrams, graphics, videos, audio content, digital downloads, templates, assessment materials, examination questions, assessment criteria and rubrics, case-study materials, curriculum materials, programme resources, original educational frameworks, original compilations and arrangements of content, business-education resources, trainer resources, online-learning content and other proprietary educational materials.

AHA also reserves all applicable rights in its names, logos, programme names, visual identity, branding, trade marks and other distinctive identifiers.

Ownership and Limited Licence

Except where expressly stated otherwise, AHA owns or is authorised to use the intellectual-property rights in the AHA Materials.

The purchase of, enrolment in or access to an AHA product, programme or service does not transfer ownership of any AHA Material or intellectual-property right to the purchaser or participant.

Unless AHA expressly agrees otherwise in writing, access to AHA Materials grants the authorised user only a limited, personal, non-exclusive and non-transferable licence to access and use those Materials solely for the authorised purpose connected with the relevant AHA programme, product or service.

No licence, ownership interest or other right is granted by implication.

All rights not expressly granted in writing are reserved by AHA.

Prohibited Use

Without AHA’s prior written permission, AHA Materials may not, in whole or in substantial part, be:

• copied, reproduced or duplicated for another person;
• distributed, forwarded, shared or otherwise made available to third parties;
• published or republished;
• sold, licensed, sublicensed, rented or otherwise commercially exploited;
• uploaded to websites, course platforms, membership platforms, shared drives, document repositories or other systems accessible to third parties;
• translated for publication, redistribution, educational delivery or commercial use;
• materially adapted, rewritten, reformatted or restructured for the purpose of creating another educational or commercial product;
• incorporated into another manual, course, workshop, certification, teacher-training programme, mentoring programme, continuing-education product or other educational service;
• used as source material for the development or delivery of competing educational products or services;
• systematically extracted or transcribed;
• used to create substantially similar reproductions, adaptations or derivative educational materials;
• stripped of copyright, branding, attribution or ownership notices;
• represented as another person’s original work; or
• used in any way that falsely suggests AHA affiliation, approval, accreditation, appointment, licence or endorsement.

Permission to print or download a resource for authorised personal study does not grant permission to reproduce, distribute, adapt, publish, teach from or commercially exploit that resource.

Original Expression, Selection, Arrangement and Development

AHA expressly reserves all rights in the legally protectable elements of AHA Materials, whether considered individually or in combination.

These rights may include AHA’s original written expression, explanations, descriptions, commentary, educational treatment, teaching content, photographs, graphics, presentations, manuals, worksheets, assessments, examination materials, curriculum content, original educational resources, selection and arrangement of material, compilations and other original works.

The fact that AHA Materials may contain or refer to exercises, concepts, facts, principles, techniques or subject matter that may also exist elsewhere does not grant any person permission to copy, reproduce, appropriate, distribute, adapt, translate, publish or commercially exploit AHA’s particular expression, presentation, commentary, selection, arrangement, compilation, educational treatment or development of that material.

Where AHA Materials incorporate or refer to material in which rights are held by third parties, those rights remain with their respective owners. Such inclusion does not diminish AHA’s rights in AHA’s original expression, commentary, arrangement, compilation, presentation, educational treatment or other legally protectable elements.

Contractual Protection

The restrictions contained in this section are contractual conditions of the limited licence under which access to AHA Materials is granted.

They apply in addition to, and independently of, any rights or remedies available to AHA under applicable copyright, trade mark, confidentiality, trade-secret, database, unfair-competition or other intellectual-property or commercial laws.

The fact that an individual element of an AHA Material may not, by itself, qualify for a particular form of intellectual-property protection does not enlarge the contractual licence granted to the user or authorise any use prohibited by these Terms.

Nothing in these Terms shall be interpreted as a waiver, abandonment, concession or limitation by AHA concerning the existence, ownership, validity, scope or enforceability of any intellectual-property or proprietary right.

AHA’s failure to enforce a right immediately does not constitute a waiver of that right.

The obligations contained in this section continue after access to AHA Materials, enrolment, participation or any contractual relationship with AHA has ended.

19. ARTIFICIAL INTELLIGENCE, AUTOMATED EXTRACTION AND DATASETS

AHA recognises that artificial-intelligence and automated technologies may be used legitimately as professional tools. However, access to AHA Materials does not grant permission for those Materials to be used to reproduce, reconstruct, adapt or commercially exploit AHA’s educational content.

Without AHA’s prior written permission, AHA Materials may not be systematically uploaded to, supplied to, incorporated into or processed through artificial-intelligence systems, large-language models, machine-learning systems or other automated tools for the purpose of:

• reproducing or reconstructing AHA Materials;
• extracting or recreating AHA educational content;
• generating substantially similar, adapted or derivative educational materials;
• creating or developing competing courses, manuals, workshops, certifications, mentoring programmes, teacher-training programmes or other educational products;
• translating AHA Materials for redistribution, publication or commercial use;
• creating commercial datasets from AHA Materials;
• training, fine-tuning or otherwise developing an artificial-intelligence model using proprietary AHA content;
• generating assessment, examination or trainer materials derived from AHA proprietary resources; or
• otherwise commercially exploiting AHA Materials.

A purchaser or participant must not upload confidential, restricted, trainer-only, examination, assessment or other non-public AHA Materials to an external artificial-intelligence system without AHA’s prior written permission.

This section does not prohibit ordinary lawful use of artificial-intelligence tools that does not disclose, reproduce, distribute, reconstruct, appropriate or commercially exploit protected or confidential AHA Materials.

Any output generated through an artificial-intelligence system using AHA Materials remains subject to AHA’s rights and to the restrictions contained in these Terms to the extent permitted by applicable law.

20. RECORDING AND REPRODUCTION OF EDUCATIONAL SESSIONS

Unless AHA expressly gives prior permission, participants may not photograph, audio-record, film, livestream, screen-record, capture, systematically transcribe or otherwise reproduce AHA educational sessions or protected educational content.

This includes, without limitation:

• live classes;
• tutorials;
• lectures;
• workshops;
• mentoring sessions;
• coaching sessions;
• Teacher Training sessions;
• presentations;
• demonstrations;
• online classes;
• course-platform content; and
• other protected AHA educational delivery.

The use of automated transcription, meeting-recording, screen-capture or note-generation software to create a substantial reproduction of protected AHA teaching content is also prohibited unless expressly authorised.

Where AHA provides an official or authorised recording, that recording remains AHA Material and is supplied only for the authorised participant’s personal use within the access period stated for the relevant programme.

Providing access to a recording does not grant permission to:

• download it where downloading has not been enabled;
• copy it;
• edit or extract portions of it for another purpose;
• distribute or forward it;
• share access with another person;
• publish or livestream it;
• use it in another course or programme;
• use it to train or mentor third parties; or
• otherwise reproduce or commercially exploit it.

Unauthorised recording or reproduction may result in suspension or termination of access in accordance with the applicable programme terms and may constitute a breach of AHA’s intellectual-property and contractual rights.

Where AHA records a session involving participants, the processing and use of participant personal data will be governed by the applicable programme information, Privacy Policy and data-protection law.

21. TEACHER TRAINING AND AHA EDUCATOR RIGHTS

Participation in, progression through or graduation from an AHA programme does not, by itself, grant any person the right or authority to deliver AHA education, represent AHA, or use AHA Materials for the education, training, assessment or certification of other professionals.

In particular, participation in or graduation from an AHA programme does not automatically authorise any person to:

• operate or establish an AHA training centre;
• deliver an AHA Teacher Training Programme;
• teach AHA curriculum as a teacher-training programme;
• train or certify students on behalf of AHA;
• act or represent themselves as an AHA Teacher Trainer;
• act as an AHA educator, mentor, examiner, assessor or programme provider;
• assess candidates on behalf of AHA;
• issue AHA certificates or qualifications;
• reproduce or use AHA trainer resources, assessment systems or curriculum materials;
• use AHA Materials as the basis for another Teacher Training, certification, mentoring, continuing-education or professional-development programme;
• represent another educational programme as based upon, affiliated with, approved by or endorsed by AHA;
• operate commercially using an AHA programme name; or
• use AHA names, logos, programme titles or branding except where expressly authorised.

Any authority to deliver AHA Teacher Training, act as an AHA educator or assessor, operate an AHA-affiliated training location, use AHA Materials for teacher education, or otherwise represent AHA requires a separate express written appointment, licence or agreement issued by AHA.

An AHA qualification or certificate relates only to the scope and level of education successfully completed by that individual. It does not confer any ownership interest in AHA curriculum or materials and does not create a licence to reproduce or commercially exploit them.

Where an AHA graduate legitimately teaches clients within the scope of their qualification, this does not give the graduate permission to reproduce, distribute, publish or commercially exploit AHA Materials or to use AHA Materials to train or certify other teachers.

More detailed provisions governing Teacher Training students, student status, graduate status, educator activity and use of AHA Materials are contained in the applicable AHA Student Guide and programme documentation.

22. CONFIDENTIAL AND NON-PUBLIC MATERIAL

Certain AHA programmes may provide access to resources that are not publicly available.

Where information or material is identified as confidential, restricted, trainer-only, non-public or otherwise provided in circumstances where confidentiality is reasonably expected, it must not be disclosed or commercially exploited without permission.

Participants in group coaching, mentoring or educational programmes must also respect confidential personal or commercial information voluntarily shared by other participants.

23. EDUCATIONAL DISCLAIMER

AHA provides education and professional development.

Information contained on the Website or delivered through AHA programmes is general educational information and is not a substitute for individual professional advice.

AHA does not provide, unless expressly contracted and appropriately qualified to do so:

• medical diagnosis or treatment;
• physiotherapy;
• psychological treatment;
• legal advice;
• tax advice;
• investment advice; or
• regulated financial advice.

Participants remain responsible for obtaining appropriate independent professional advice when required.

24. PILATES, MOVEMENT AND PHYSICAL PARTICIPATION

Pilates and other movement activities involve physical exertion and inherent physical risk.

Participants are responsible for exercising appropriate judgement regarding their participation and for seeking medical advice where appropriate.

Participants should communicate relevant information affecting safe participation where the applicable programme requires this.

No Website material should be used as a substitute for medical diagnosis or treatment.

AHA does not accept responsibility for injury resulting solely from a participant deliberately disregarding reasonable safety instructions, concealing relevant information where disclosure was reasonably required, or using exercises or educational content in a manner for which they were not intended.

25. BUSINESS EDUCATION, COACHING AND RESULTS

AHA may provide business education, mentoring and coaching.

AHA does not guarantee:

• revenue;
• profit;
• client numbers;
• sales;
• employment;
• business growth;
• investment returns; or
• any particular commercial outcome.

Results depend on numerous factors beyond AHA’s control, including the participant’s decisions, implementation, experience, market, location, pricing, effort and economic conditions.

Testimonials, examples and case studies represent individual experiences. They are not guarantees that another participant will achieve the same result.

Participants remain responsible for their own business, tax, legal, accounting, insurance and financial decisions.

26. PROFESSIONAL RESPONSIBILITY

Professional education provided by AHA does not remove a participant’s responsibility to comply with:

• applicable laws;
• professional scope of practice;
• insurance requirements;
• employer requirements;
• local regulations; or
• any professional standards applicable where they work.

An AHA certificate records achievement within the relevant AHA educational programme. It does not override governmental, regulatory, insurance or employment requirements in another jurisdiction.

27. INDEPENDENT VENUES, HOST STUDIOS AND THIRD PARTIES

AHA may work with independent host studios, accommodation providers, venues, payment providers and other third-party businesses.

Unless expressly stated otherwise, those organisations are independent contractors or service providers and are not employees, partners, franchisees or legal agents of AHA.

AHA remains responsible for obligations that AHA itself has contracted to provide and for responsibilities that cannot legally be excluded.

AHA is not automatically responsible for independent products or services purchased directly from a third party merely because the third party is associated with an AHA event.

28. THIRD-PARTY WEBSITES AND SERVICES

The Website may contain links to external websites and technology platforms.

A link does not necessarily constitute endorsement, partnership, accreditation or approval.

Third-party services may be governed by their own terms and privacy policies.

AHA is not responsible for the content or operation of unrelated third-party websites merely because a link appears on the Website.

29. TESTIMONIALS, REVIEWS AND SUBMITTED MATERIAL

If you voluntarily submit a testimonial, review, photograph, video or similar content for publication and grant AHA permission to use it, AHA may reproduce that content in accordance with the permission given.

Where appropriate, separate consent will be obtained for identifiable photography, video or promotional content.

AHA does not claim ownership over a participant’s independent intellectual property merely because the participant communicates with AHA.

30. SUSPENSION OR TERMINATION OF ACCESS

AHA may reasonably suspend or terminate Website or digital-platform access where there is evidence of:

• material account sharing;
• unauthorised copying or distribution;
• fraudulent activity;
• serious security risk;
• unlawful use;
• serious intellectual-property infringement; or
• another material breach of the applicable contract.

Where appropriate, AHA will give the user an opportunity to respond before permanent termination.

Immediate protective action may be taken where reasonably necessary to prevent ongoing security, safety, confidentiality or intellectual-property harm.

Programme-specific suspension and termination procedures are governed by the applicable Specific Programme Terms.

31. LIABILITY — CONSUMERS

Where you are a Consumer, AHA will provide services with the level of care and skill required by applicable law.

AHA does not exclude or limit liability where doing so would be unlawful.

AHA is not responsible for losses that:

• were not reasonably foreseeable when the contract was entered into;
• arise from use of educational content outside its intended purpose;
• arise from a participant’s independent commercial decisions;
• result from unauthorised or unlawful use of AHA Materials; or
• constitute business losses incurred by a Consumer using a product principally for personal purposes,

except where applicable law provides otherwise.

32. LIABILITY — BUSINESS CUSTOMERS

If you are a Business Customer, then, to the fullest extent permitted by Maltese law:

AHA will not be liable for indirect or consequential loss or for loss of:

• profits;
• revenue;
• contracts;
• anticipated savings;
• business opportunity;
• goodwill; or
• commercial reputation.

Subject to liabilities that cannot legally be limited, AHA’s total aggregate liability arising out of a particular product, programme or service shall not exceed the amount actually paid to AHA by the Business Customer for the product, programme or service giving rise to the claim during the 12 months preceding the event giving rise to liability, or the total amount paid for that service if the service lasted less than 12 months.

33. BUSINESS CUSTOMER INDEMNITY

A Business Customer agrees to indemnify AHA against reasonable third-party claims, losses, liabilities and costs arising directly from that Business Customer’s:

• unlawful use of the Website;
• unauthorised commercial exploitation of AHA Materials;
• intellectual-property infringement;
• deliberate misrepresentation of affiliation with AHA;
• unauthorised delivery of AHA content to third parties; or
• material breach of these Terms,

except to the extent that the claim was caused by AHA’s own unlawful act or breach.

This section applies to Consumers only to the extent that such an obligation is lawful and fair under applicable consumer law.

34. NO PARTNERSHIP, EMPLOYMENT OR AGENCY

Purchasing from, attending or graduating from an AHA programme does not create:

• an employment relationship;
• partnership;
• joint venture;
• franchise;
• agency relationship;
• licensing relationship; or
• authority to bind AHA.

Any separate commercial relationship with AHA must be expressly agreed in writing.

35. PRIVACY AND DATA PROTECTION

Personal data is processed in accordance with AHA’s Privacy Policy and applicable data-protection legislation, including the GDPR and Maltese data-protection law.

The Privacy Policy should explain the purposes and legal basis of processing, recipients, retention periods, international transfers where applicable and individual rights. Malta’s Information and Data Protection Commissioner confirms these are core transparency obligations under GDPR.

The Website’s use of cookies and similar technologies is addressed separately in the Cookie Policy.

36. GOVERNING LAW

These Terms, Specific Programme Terms and any contractual or non-contractual dispute arising from them are governed by the laws of Malta, subject to any mandatory law that cannot legally be excluded.

Consumers

If you are a Consumer, the choice of Maltese law does not deprive you of mandatory consumer protections that apply to you under applicable law.

Business Customers

If you are a Business Customer, the parties expressly agree that Maltese law governs the contractual relationship, including its formation, interpretation, performance, termination and any non-contractual obligation arising from it.

37. JURISDICTION

Business Customers

If you are a Business Customer, the courts of Malta shall have exclusive jurisdiction to settle any dispute, claim or proceeding arising out of or connected with these Terms, the Website or any AHA product or service, unless AHA expressly agrees otherwise in writing.

Consumers

If you are a Consumer, disputes will be subject to the jurisdiction rules that apply under mandatory consumer law.

Where those mandatory rules do not require another jurisdiction, the courts of Malta shall have jurisdiction.

38. COMPLAINTS AND DISPUTE RESOLUTION

A customer wishing to make a complaint should contact:

[email protected]

Please provide sufficient information to identify the relevant purchase and explain the issue and remedy sought.

We encourage customers to allow AHA a reasonable opportunity to address a complaint before commencing external proceedings.

Where applicable, Consumers may have access to alternative dispute-resolution mechanisms. Malta’s MCCAA operates a residual ADR service for domestic and cross-border consumer disputes, although that process is voluntary.

39. ELECTRONIC COMMUNICATIONS

By purchasing or enrolling online, you acknowledge that contractual communications may be sent electronically, including by email and through the relevant learning or booking platform.

You are responsible for providing a current email address and for notifying AHA if your contact information changes.

This provision does not replace any formal method of legal service required by law.

40. TRANSFER AND SUBCONTRACTING

You may not transfer a personal course enrolment, licence or right of access to another person except where AHA expressly agrees or applicable law requires otherwise.

AHA may use suitably qualified employees, contractors, educators, venues, payment providers and other suppliers to help provide its services.

Where AHA subcontracts part of a service, this does not remove any responsibility AHA is legally required to retain.

41. BUSINESS CUSTOMER ENTIRE AGREEMENT

Where the customer is a Business Customer, these Terms together with the applicable Specific Programme Terms, written proposal, invoice, accepted offer and enrolment agreement constitute the entire contractual agreement between the parties regarding the relevant service.

A Business Customer acknowledges that it has not relied on representations that are not contained in or expressly incorporated into those documents.

42. FAILURE TO ENFORCE A TERM

If AHA does not immediately enforce a contractual right, this does not mean that AHA has waived that right.

A waiver is effective only in relation to the particular matter for which it is given unless expressly agreed otherwise in writing.

43. SEVERABILITY

If a court or competent authority determines that part of these Terms is invalid, unlawful or unenforceable, that provision will be removed or limited only to the extent necessary.

The remaining provisions will continue in force where legally possible.

44. SURVIVING OBLIGATIONS

Provisions which by their nature are intended to continue after a contract ends will survive termination or expiry.

This includes, where applicable, provisions relating to:

• intellectual property;
• confidentiality;
• outstanding lawful payment obligations;
• limitations of liability;
• dispute resolution;
• governing law; and
• jurisdiction.

45. CHANGES TO THESE TERMS

AHA may update these general Terms prospectively to reflect changes in law, technology, services or business practices.

The current Terms will display the date on which they were last updated.

Updating these Website Terms does not automatically or retrospectively alter material contractual terms already agreed for an existing purchase or enrolment.

Any material change affecting an existing contractual relationship will be dealt with under the contract applicable to that relationship and applicable law.

46. LANGUAGE

These Terms are prepared in English.

Where AHA provides a translation for convenience, the English version will prevail to the extent permitted by law if there is an inconsistency between versions.

47. CONTACT DETAILS

Anita Horry
Trading as Anita Horry Academy

Email: [email protected]
Website: www.anitahorryacademy.com