POLICIES

Terms and Conditions

These terms and conditions set out the terms of use on which you may make use of our websites https://www.designdirectiveme.com, https://www,elisabethmachale.com and https://www.thriveinfashion.com (our websites), whether as a registered user or as a guest. Use of our websites includes registering to use our website(s) as well as accessing or browsing them

Please review these terms of use carefully before you start to use our websites, as these will apply to your use of our websites. By making use of our websites, you agree to accept these terms of use and comply with them. If you do not accept or agree these terms of use, then you must not make use of our websites

Our Privacy Policy, which describes the terms on which any personal data we collect from you is processed, or that you provide to us. By making use of our website, you agree to such processing and you warrant that all and any data that you provide is accurate

Designdirectiveme.com, thriveinfashion.com,elisabethmachale.com (our websites) are owned and operated by Design Directive FZE (otherwise referred to as “we”, “our” or “us”).

Telephone: +971 50 100 1605
Email: info@designdirectiveme.com
Registered Address: Creative Tower, Creative City, PO Box 4422 Fujeirah, UAE
Company Registration No: 8249
VAT Registration No: TRN 1002072716000

Changes to these terms

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you access our website. Please ensure that you check this page from time to time as any changes are binding upon you. If any provision within these terms and conditions is held by any competent authority to be invalid or unenforceable (in whole or in part) the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected

Changes to our website(s)

We do not provide a guarantee that our websites or the content on it will be free from omissions or errors. We may change the content from time to time. Please note that from time to time some of our website may be out of date and we are under no obligation to update it.

Website access and availability

We are not able to provide a guarantee that our websites or the content will always be available. We provide access to our websites on a temporary basis and may withdraw, suspend or discontinue our websites in whole or in part without notice. We are not liable to you if for any reason our websites are not available for any period or at any time You have the responsibility to ensure that whoever accesses our websites through your internet connection is aware of all applicable terms and conditions, and that they comply with them You have the responsibility to make all arrangements necessary in order for you to access to our websites

Account and password

To participate in the online courses via our websites you will need to register with us. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you  .Once you are provided with a username and password as part of our security procedures then you are required to treat that information as confidential and must not disclose it to a third party or someone else within your company, business or organisation We have the right to disable any username / password or identification code, if in our reasonable opinion you have not complied with these terms of use. You must promptly notify us at info@designdirectiveme.com  If you suspect or know that your password has been obtained by anyone else

Intellectual property rights

We are the licensee or owner of all intellectual property rights contained in our websites, and the material published on them. The rights to these works are protected by copyright laws and treaties around the world and as such all such rights are reserved to us

You may not print off or download any content from the courses on our websites unless it is a part of the course that is clearly designed to be printed or downloaded (For example, a pdf workbook or template) You must not make use of any illustrations, photographs, video or audio sequences or any graphics separately from any text which accompanies it

You must always acknowledge our status (and that of any identified contributors) as the authors of content

You must not use any part of the content on our websites for any commercial purpose.

If you print off, copy or download any particular part of our websites in a manner which breaches these terms of use, then your right to use our websites will immediately cease and you must return or destroy any copies of the materials you have made as may be required by us

No part of our websites may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service.Any rights not expressly granted in these terms are reserved

Viruses

We do not give any guarantee that our websites will be secure or free from viruses or bugs You take responsibility for configuring your computer programmes, information technology, and platform correctly in order to access our website. You should make use of your own virus protection software. You must not misuse our websites by knowingly introducing trojans, worms, logic bombs, viruses or other material which is technologically harmful or malicious. You must not attempt to obtain access which is unauthorised to our websites, the server on which our websites are stored or any server, computer or database which is connected to our websites. You must not attack our websites via a distributed denial-of service attack or a distributed denial-of-service attack. In the event of such a breach of the law and of this provision, your right to use our websites will cease immediately

Links to our websites

You may link to the home pages of our websites on another website, provided that you do so in such a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where this does not exist

You must not establish a link to our websites on any website which you do not own

You must not create a link to any part of our websites other than the home pages and our websites must not be framed on any other site

We reserve the right to withdraw this linking permission without notice to you

The website on which you link to our websites must in all respects comply with the content standards set out in these Terms and Conditions of Use

Prohibited uses of our websites

You may use our websites for lawful purposes only. You are not permitted to use our websites: In any way that is in breach of any applicable national, international or local law or regulation In any way that is fraudulent or unlawful, or has any fraudulent or unlawful purpose or effect To transmit, or procure the sending of, any unauthorised or unsolicited promotional material or advertising or any other form of similar solicitation (commonly known as ‘spam’) To knowingly receive, send, download, upload, use or re-use any material which does not comply with our standards of content which are set out further in this acceptable use policy For the purpose of attempting to harm or harming any minors in any way To knowingly transmit any data or send or upload any material that contains Trojan horses, worms, time-bombs, keystroke loggers, viruses, spyware, adware or any other harmful programs or similar computer code which is designed to adversely affect the correct operation of any computer software or hardware You also agree: Not to duplicate, reproduce, copy or re-sell any part of our websites in contravention of these Terms and Conditions of Use . Not (without authority) to access, interfere with, disrupt or damage:any section or part of our websites;any network or equipment on which our websites are stored;any software which is used in the provision of our websites; or any network or software or equipment which is owned or used by any third party

We have the right to remove any posting you make on our websites if, in our opinion, your post does not comply with the content standards set out below

The views expressed by other users on our websites do not represent our views or values

Standards of content

There are social learning features on some of our websites which allow you to make comments and add contributions which are visible to other learners. There are also some features on some of our websites where you can load you own material which becomes visible to others.

These standards of content apply to all and any material which you contribute to our websites (contributions), and to any interactive services which are associated with it.

You must ensure that you comply with the spirit and the letter of the standards, which are set out below. The standards apply to the whole of each contribution as well as any part.

Contributions must:

Ensure that they are accurate (where they include facts)

Ensure that they are genuinely held (where they state opinions)

Comply with the law applicable in the UAE  together with any country from which they are posted

Contributions must not:

Contain any material which is in any way defamatory of any person

Contain any material which is offensive, hateful, inflammatory or obscene

Promote or encourage sexually explicit material

Promote or encourage violence

Promote or encourage discrimination based on sex, race, nationality, religion, disability, age or sexual orientation

Infringe any database right, trade mark of any other person or copyright

Be likely to deceive anybody

Be made in breach of any duty owed to a third party, including but not limited to a contractual duty or a duty of confidence.

Promote any activity which is illegal

Be threatening, abusive or invade another person’s privacy, or cause distress, annoyance, or inconvenience

Be likely to upset, harass, embarrass, annoy or alarm any other person

Be used to misrepresent your identity or affiliation with any person or to impersonate any other person

Give the impression (if this is not the case) that they emanate from us

Promote, advocate or assist any unlawful act such as (for example only) computer misuse or copyright infringement

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

Suspension and/or termination

We will determine, at our absolute discretion, if there has been any breach of the terms and conditions of use through your particular use of our websites. When a breach of this policy has taken place, we may decide to take such action as we deem appropriate.

Failure to comply amounts to a material breach of the Terms and Conditions of Use under which you are allowed to use our websites, and may result in our taking any or all of the following actions:

Immediate withdrawal of your right to use our websites (whether temporary or permanent)

Immediate removal of any posting or material uploaded by you to our websites (temporarily or permanently)

Issue of a warning to you about your conduct

Legal proceedings against you for reimbursement of all costs we have incurred on an indemnity basis (including, but not limited to, legal costs and reasonable administrative costs) which result from the breach

Further legal action may be taken against you

We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting inappropriate material

We exclude all liability for actions taken in response to breaches of this acceptable use policy. The responses set out in this policy are not limited, and we may take any other action we reasonably deem to be appropriate depending on the particular situation.

Terms of Purchase

These terms of purchase  will apply to any agreement between us for the provision to you of any online training courses on our websites, http://www.designdirectiveme.com, http://www.thriveinfashion.com, and http://www.elisabethmachale.com(our websites).

Please review them all carefully and make sure that you understand them before booking any courses. Please note that before you make a booking you will be asked to agree to these Terms and Conditions. If you refuse to agree to any of these Terms and Conditions, you will not be able to book or use any courses on our websites.

Our Courses

The images of the Courses as presented on our websites (consisting of online training courses and associated materials) are set out for illustrative purposes only. Although we have made every effort to display the same colours, type of questions asked and information given accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Courses and/or that the questions and information will be exactly the same. Your Courses may vary slightly from those images

The copyright and all other intellectual property rights in our Courses, the content of them and associated materials is owned solely by us and you may not copy or reproduce any part of them unless you have obtained a licence in writing from us

We only supply the Courses for internal use by you or others within your business or organisation, and you agree not to use them or permit them to be used for any resale purposes

Use of our websites

Your use of our websites is governed by our Terms and Conditions of Use. Please take the time to read this, as it includes important Terms and Conditions which apply to you and our Agreement.

How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important Terms and Conditions which apply to you.

Unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws including the Data Protection Act 2018, regulations and secondary legislation, as amended or updated from time to time, in the UK and any successor legislation, any laws that replace, extend, re-enact, consolidate or amend any of the foregoing will apply: (Data Protection Laws)

Both you and we must comply with all applicable requirements of the Data Protection Laws

For the purpose of this agreement you agree to our processing the personal data you provide in accordance with our Privacy Policy. You warrant that any data you provide will be accurate and that if such data is not your own and that you are a data controller (for example if you are contracting as a business and providing the details of individuals) for the purpose of the Data Protection Laws, you warrant that you have permission to process the personal data provided and that we are entitled to process the data on your behalf. In addition you agree that we, together with you, as “joint data controllers” are entitled to process the data for the permitted purposes

We and you as joint data controllers warrant to act, at all material times, in accordance with the Data Protection Laws. We and you each further warrant:

to process shared personal data only for the permitted purpose which is for the provision of online training and reporting via our websites and Learning Management System;

not to disclose or allow access to the shared personal data to anyone other than you or us;

that all shared personal data is accurate, up to date and has at all times been collected, processed, stored and transferred in accordance with all applicable laws;

that all data subjects have been provided with sufficient information to enable fair, transparent and lawful processing and that you and we have all relevant permissions and consents to share the personal data with each other;

that the shared personal data is transferred in a secure manner using appropriate technical and organisational security measures that comply with the obligations of each data controller under Data Protection Laws including but not limited to GDPR Arts 45, 46, 49 and recitals;

to keep all notices and records up to date and accurate and to allow the other joint data controller, from time to time, access to the notices and records;

not, by any act or omission, cause the other joint data controller (or any other person) to be in breach of any Data Protection Laws;

to notify promptly (and in any event within 10 business days) the joint data controller when it becomes aware of:

any change of circumstance which will, or may, or is alleged to impact on the lawfulness of the processing of the shared personal data;

any change in consent or other requests from any data subjects in respect of the shared personal data;

any inaccuracies in shared personal data;

any complaints in respect of the shared personal data;

any personal data breach including notification of the Data Protection Supervisory Authority and or data subjects impacting or relating to any shared personal data.

to retain its own obligations in respect of shared data it receives and will promptly co-operate with and provide reasonable assistance, information and record to assist each other with our respective compliance with Data Protection Laws and in relation to all complaints and data subject requests

You warrant that you have read and agreed to our Privacy Policy and that you consent to our processing your data on this basis and that you further understand your rights and obligations under the Privacy Policy pursuant to the GDPR

Our agreement

• You confirm that you have sufficient authority to bind any business on whose behalf you use our Site to book and pay for any Courses
• These Terms and Conditions together with the Privacy Policy and Terms and Conditions of Website Use will apply to any online courses The Design Directive FZE provides to you whether or not such courses are subject to a separate Service Contract, Statement Of Works, Appointment Letter or Schedule. The terms of any Service Contract, Statement Of Works, Appointment Letter or Schedule shall prevail to the extent that they are inconsistent with these terms and these terms of business will supersede any previous terms of business.
• You acknowledge and agree that in entering into this Agreement you do not rely on any statement, representation, or warranty (even if made innocently or negligently) that is not set out in these Terms and Conditions or any document expressly referred to in them or our Privacy Policy and Terms and Conditions of Use
• You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement

Our right to modify these terms and conditions

• We review and may modify these Terms and Conditions from time to time. Please see above to see when these Terms and Conditions were last updated
• Every time you order Courses from us, the Terms and Conditions in effect at the time of your order will be the ones applicable to the Agreement between you and us
• We review and may vary these Terms and Conditions as they are applicable to your order from time to time to reflect changes in regulatory requirements and relevant laws in which case we will notify you accordingly

Price and Payment

Prices for our Courses may vary from time to time, but changes will not affect any order you have already placed. Prices displayed on the Site (including the price of the goods and delivery charges) are in Arab Emirates Dirham and United States Dollar, inclusive of 5% tax on goods.

How to pay

You can pay for Courses or Memberships Using a valid debit or Visa card via the payment link provided. Payment methods are specified on the Site at the time you play your order.

Payment for the Courses and any applicable payment processing fees are made in advance of getting the access details (login details) to the Courses you order from us. In the event payment does not clear, We will cancel your order and notify you accordingly.

We do not collect or store your debit or credit card information. All debit and credit transactions on the Site occur through a third-party payment gateway (the ‘Processer’). You hereby authorize the Processer to procure payment from your nominated payment method. While all reasonable steps will be taken to protect your debit and/or credit card information, given the nature of the internet We cannot guarantee the security of any such information and, subject to any gross negligence on Our part, We will not be held liable for any loss you suffer as a result of any unauthorized access to your debit and/or credit card information.

Discount Codes

We may offer promotional discount codes to be used on all or part of the Site. Any offer We make with respect to promotional discount codes will be subject to specific conditions which We will make available at the time of offer

Refund Policy

Please read this refund policy carefully before making a purchase.Digital products such as courses, trainings, presets and stock photos are non-refundable. Once you purchase a digital product, you have instant access to the product, and it cannot be returned. As such, we cannot offer refunds or exchanges for any digital products. If you believe that you have been charged in error or have a problem with accessing your digital product, please contact us immediately at info@designdrectiveme.com. 

Consumer Guarantees

Nothing in these Terms is intended to exclude, restrict or modify or have the effect of excluding, restricting or modifying any rights you may have under the United Arab Emirates Consumer Law.

Disclaimer

The Site(s) and all information, content or materials included thereon is provided to you on an ‘as is’ and ‘as available’ basis without guarantees, warranties or representations of any kind, whether express or implied, including, without limitation, warranties as to merchantability, acceptable quality and fitness for any purpose, which, to the fullest extent permitted by law, We hereby expressly disclaim. You are solely responsible for the appropriateness of the Site for your intended application and use. We do not warrant that the Site meets your requirements.

We do not warrant that the Site will be available without interruption or error-free or that the same is free from viruses, bugs and the like that may interfere with the normal operations of your systems.

While We will take all reasonable care to ensure that the images of goods available for purchase on the Site accurately represents the goods, We do not guarantee that the images are an exact representation of the actual goods.

To the extent that any applicable law does not permit the disclaimer of warranties, the Site is warranted only to the minimum amount legally required.

Exclusions and Limitation of Liability

We are not liable to You for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the Site and the Terms.

We expressly exclude liability for special, indirect or consequential damages, which damages will be deemed to include loss of data, loss of or claim for, revenue, profits, actual or potential business opportunities or anticipated savings or profit. In the event that any exclusion or other provision contained herein is held to be invalid for any reason and We become liable for loss or damage that could otherwise have been limited, such liability will be limited to the fee paid for the goods and access to the Site.

Indemnity

You agree to indemnify and keep Us indemnified against all losses, damages, liabilities, claims and expenses (including legal costs) incurred by Us arising out of or in connection with your use of the Site, your breach of these Terms or your breach of any rights of third parties.

We reserve the right to assume exclusive control of any matter for which you are required to indemnify Us and you agree to provide assistance at your expense for the purposes of defending and managing all such claims as is reasonably requested by Us.

Termination

We reserve the right to terminate Your access to all or any part the Site or your ability to purchase goods through the Site at any time without notice.

Accrued rights

Termination does not affect any the accrued rights or liabilities of either Us or you.

Survival

All terms that by their nature could reasonable be construed as being intended to survive, continue to apply beyond termination of your access and will continue to apply.

General

Contacting Us or making a complaint – If you wish to contact Us or make a complaint, please email us at info@designdirectiveme.com

Variation

We may, at any time and at our sole discretion, amend, modify or otherwise alter the terms of this Agreement. Any amendments, modifications or alterations to the Terms shall become effective upon the posting thereof. Your continued use of the Site following the posting of amendments, modifications or alterations constitutes your acceptance of the revised terms. It is your responsibility to regularly check the Site to for any amendments, modifications or alterations to the Terms.

Severability

Should any part of this Agreement be or become invalid, that part shall be severed from this Agreement. Such invalidity shall not affect the invalidity of the remaining provisions of the Agreement.

Jurisdiction and applicable law

These terms and conditions (including in relation to any non-contractual obligations) shall be are governed by court of the United Arab Emirates

Effective:  31st August 2023