These Terms and Conditions apply between you and HumanDesign.ai of [Insert Address], www.humandesign.ai, (hereinafter “HumanDesign.ai”, “we” or “us”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website.
If you place an order for a Human Design report (“Product”) through www.humandesign.ai, upon confirmation that such order is accepted a contract of sale will be executed between you and HumanDesign.ai, which will be governed by these Terms and Conditions and specifically by the Terms of Sale mentioned below.
TERMS OF SALE
These Terms of Sale apply to all offers and contracts relating to the sale and the digital delivery of a Digital Product by us. In other words, you agree to these Terms of Sale, when you order any access to our Knowledge Pack from the website. It is only possible to deviate from these Terms of Sale if agreed in writing by us.
Requirements to conclude a contract
• You have to be 18 years of age or older to buy a Product via the website.
• You can only order on the website if you are a consumer, not a reseller.
• You guarantee that the information you provide to us in the request or order is accurate and complete.
How is a contract concluded with you?
• All information on the website is an invitation to purchase only. You agree that your order is an offer to purchase the Product listed in your order.
• All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.
• We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
• If the Product shown on the website is not or no longer available;
• If we are unable to obtain authorization of your payment;
• If the Product shown on the website contains a (manifest) error such as being incorrectly priced or otherwise incorrectly described or shown;
• If we are unable to process your order due to technical reasons;
• If we know or reasonably suspect an order was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.
• In the event that we do not accept (part of) your order, we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation, we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
• We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale, for the reasons stipulated in this Agreement. Following the cancellation, we will of course provide you with a refund for the amount paid to us order.
Delivery and Performance
Delivery of the Product shall be made to the e-mail address and account specified in the accepted order.
Retention of title
All Human Design reports will remain the property of HumanDesign.ai until you have paid all amounts owed to us in full under any agreement. You may not sell or encumber any Product before full title thereof has passed to you.
• HumanDesign.ai reserves the right to make price changes prior to an order placed by you.
• We reserve the right to change, limit or terminate any special offers or discounts at any time.
Methods of payment
• Please check the checkout of the website or the website for information on available payment methods.
• HumanDesign.ai reserves the right to conduct an individual credit check for each order. Depending on the results of this check, HumanDesign.ai reserves the right to refuse certain methods of payment.
Refunds and Returns
HumanDesign.ai provides digital services as such provided access details to access our Knowledge Pack are immediately viewable and usable. Therefore, the following apply:
• All Sales Are Final. We do not offer refunds under any circumstances.
• No Returns or Exchanges. We do not offer any kind of returns or exchanges.
In the unlikely event that you are experiencing or have experienced a technical error on our website, please contact us with details and images of your experience so we can investigate the error and determine if a refund is owed to you.
• Your continued use of the website will constitute your acceptance of any new or amended terms and/or updates.
Copyright and ownership
• All of the content featured or displayed on the website, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than User-Provided Content (together "Content"), is owned by HumanDesign.ai, its licensors, vendors, agents, and/or its Content providers.
• You must not use the website or any Content other than for its intended purpose. Except where we tell you otherwise on the website, you may view, play, print, and download documents, audio, and video found on the website for personal, informational, and non-commercial purposes only.
• You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the website.
• You are responsible for complying with all laws which apply to you and your use of the website. The website, its Content, and all related rights shall remain the exclusive property of HumanDesign.ai or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the website.
Accuracy of information
We attempt to ensure that information on the website is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.
Your provision of information
When you provide information about yourself to us or to other users of the website, including when you create an Account, you agree to: a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the website, and/or refuse any or all current or future use of the website or any portion thereof.
• Your conduct
• You agree not to use our website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use our website or Services in any way that could damage our website, Services, or our business in general.
• You further agree not to use our website or Services:
• to harass, abuse, or threaten others or otherwise violate any person's legal rights.
• to violate any of our intellectual property rights or any third party.
• to upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
• to perpetrate any fraud.
• to publish or distribute any obscene or defamatory material.
• to publish or distribute any material that incites violence, hate, or discrimination towards any group.
• to unlawfully gather information about others.
Operation of the website and termination of this agreement
Access to the website
• Neither HumanDesign.ai, nor any of its respective affiliates guarantee that the functions contained on the website will be uninterrupted or error-free or that defects will be corrected.
• We may suspend, withdraw, discontinue, or change all or any part of the website without notice.
Our responsibility for loss or damage suffered by you
• If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.
• The website is for domestic and private use. If you use the website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
• In case of contradiction between these Terms and any content contained in other parts of the website or in links, these Terms contained in this document prevail.
• We reserve the right to make changes to these Terms and Conditions at any time.
• The use of this website as well as any purchase agreement executed between you and us, will be subject to the version of these Terms in force at the time you place the order through this website or the day you browse this website (as applicable).
• Please check these Terms periodically for changes.
Events beyond reasonable control
HumanDesign.ai will be not held responsible for any delay or failure to perform or comply with our obligations under these Terms when the delay or failure arises from any cause which is beyond HumanDesign.ai’s reasonable control.
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms.
Applicable law and jurisdiction
These Terms shall be governed by the laws of [Insert Country]. The laws of [Insert Country] apply to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and HumanDesign.ai and you agree to submit to the exclusive jurisdiction of the Courts of [Insert Country].