Terms of Use Sunny Heart Academy of Excellence

The Academy Club - Terms of Use 

1.    Terms of website use
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.sunnyheartacademy.com (“our Site”) and its dedicated membership area ‘The Academy’s Club’ (“The Club”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site and The Club, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

2.    Information about us
Our Site is a site operated by Thomas Cook GmbH (“We”). We are registered in Germany under company number HRB 13588, AG BAD HOMBURG  and have our registered office at Thomas Cook GmbH, Thomas-Cook-Platz 1, D 61440 Oberursel. Our VAT number is DE 192729324.

3.    Accessing our site
The Sunny Heart Academy website can be accessed via www.sunnyheartacademy.com without registration. The Academy’s Club (“The Club”) is a separate membership area for registered users only (“The Club users”). 
Access to The Club will be given to employees of Thomas Cook as well as employees of hotels in our network portfolio. Access to The Club will be permitted individually via log-in credentials (personal email address and password). Only the person to whom the email belongs to, is allowed to access The Club by using the login credentials. You must not share any log-in information with any other person within your hotel. 
Access to The Club is permitted on a temporary basis and only for a limited number of users per hotel. We reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to The Club users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. 
Access rights include the possibility to upload information as necessary or requested by Thomas Cook. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
If a user will no longer work in a Branded hotel, you shall inform us so that we can delete the respective user account and its access rights.
We reserve the right to deny access to this Site at any time without notice.
Access to The Club will end automatically, when we stop selling the hotel to customers.

4.    Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

5.    Our Liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
•    All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
•    Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
•    loss of income or revenue;
•    loss of business;
•    loss of profits or contracts;
•    loss of anticipated savings;
•    loss of data;
•    loss of goodwill;
•    wasted management or office time; and
•    for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

6.    Obligations for Users
If you have been provided with access to The Club, 
•    you must fill your Individual Profile (‘My Individual Profile’) with name, surname, job title.  You may upload a picture and select themes you are interested in.
•    you must check and ensure that you hotel’s profile (‘My Hotel Profile’) is up to date and all information is accurate.
•    you may engage in the Community by sending messages to other The Club users or posting a comment/question in the Community Forum. The messages must comply with your confidentiality obligations, TC and all applicable laws, including Competition Law, Data Protection Law and Anti-bribery Law. 
•    you must inform Thomas Cook immediately if your email address changed, your email address has been transferred to another person (e.g. in case of generic email addresses), you will not continue working in the hotel your account belongs to, or you have lost or shared your log-in credentials.
•    you must inform Thomas Cook if you want your account to be deleted.

7.    Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by trade mark and copyright laws and treaties around the world. All such rights are reserved.
All training material provided via The Club (e.g. e-learnings, videos, images, etc.) and confidential information and documents describing Thomas Cook Hotels & Resorts brands must not be copied, recorded, shared or distributed outside The Club. Only material which comes in PDF format and is described as “documents for download” can be saved on hotel hardware (not personal laptops) and shared by a The Club user and are for internal use only as part of Thomas Cook’s franchise system.
You must not use any part of the materials on our site for commercial purposes without obtaining our prior written consent.

8.    Our site changes regularly
We aim to update our site regularly but we are under no obligations to do so, we may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. 

9.    Privacy Policy
We process information about you in accordance with our privacy policy, which can be found under https://www.sunnyheartacademy.com/privacy-policy. By using our site, any data you provide will be accurate and up to date. 

10.    Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

11.    Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

12.    Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

13.    Contact us
If you have any comments, questions or concerns about this website please contact us at: trainings.consulting@thomascook.de.

14.    Termination
We may terminate or suspend access to our site or to The Club immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms of Use.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

15.    Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. 
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.