TERMS & CONDITIONS
Last updated on February 27, 2024
By visiting THEHUMANISTA.CO, you are consenting to the following Terms & Conditions:
TEMPLATE POLICIES
Please read these terms carefully before purchasing our products or services. By purchasing our products or services, you accept and agree to our Template Terms & Policies.
Note that you have to be of legal age (i.e. 18 years or older) to fully comply with this agreement.
Overview
The following Template Terms & Policies state how you may use and access our templates, including all related resources such as video tutorials, workbooks, checklists, blog posts, and emails.
This is an agreement entered by "you"—the purchaser and/or user of any product, service, or resource—and "us," [company].
Offerings
Our company's offerings include non-tangible Squarespace templates, along with supplementary resources. These resources come in various forms of content, including but not limited to videos, templates, workbooks, checklists, emails, and other support materials.
Payments
We use a third party to receive any payments you make on our website. All information obtained during your purchase—such as name, address, payment method, credit or debit card number, and billing information—may be collected by both us and our payment processing platform.
You agree to only purchase offerings for yourself or for another person who has given you the express consent to provide their information as stated above.
By purchasing our offerings, you agree to the following terms:
Any payment information you provide is true and complete
Charges incurred by you will be honored by your bank, credit card company, or e-commerce company (e.g. PayPal)
You will pay the incurred charges at the agreed upon prices, including taxes
You give us permission to automatically charge your debit card, credit card, or e-commerce account
If your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge
We reserve the right to cease your access to our offerings immediately and permanently if payment is not received within 3 days. You will still be held liable for the full cost of the offering.
Payment Plan Agreement
We offer payment plans as a courtesy to our customers to allow more payment flexibility for our products. Ownership of your purchased product will be transferred to you in full upon completion of payment plan. By subscribing to a payment plan, you understand that this plan is NOT considered a membership. It may not be cancelled and you will be held accountable to your fixed term agreement upon purchase. Should you miss a payment or cancel this payment plan prior to completion, we reserve the right to remove your access to your purchased product within 3 days of missed payment. Any payments you have already completed will be forfeited to The Humanista Co. No refunds can be issued.
Terms of Use
All the intangible assets that are accessible on or offered through our website are protected by the USA’s intellectual property laws. The use and reproduction of these assets without accordance to this agreement is strictly prohibited.
Intellectual Property
Our website, products, services, and resources contain intellectual property that are solely owned by The Humanista Co. and its suppliers. These intangible assets—including but not limited to the text, information, logos, images, graphics, audio, video, and aesthetic—are protected by copyright and other proprietary laws.
The Humanista Co.’s name, logo, slogan, and other related identifiers are trademarks of the company. You are not allowed to use these marks without prior written permission from the company.
Your purchase of our templates does not result in the transfer of the intellectual property to you. You must agree to abide by these laws for the continued use of our offerings.
If you violate the company's intellectual property rights, your access to our offerings will be terminated immediately without refund. You may also be subject to further penalties and damages as the law permits.
Squarespace Website Template Policy
When you purchase a Squarespace Template, you will receive an email from Squarespace with a link to accept the template as a new website.
We will always do our best to have your template sent within 2 business days, but please understand that this time frame may vary due to potential unforeseen circumstances and although unlikely, we can’t guarantee that it won’t take longer. Please submit a support ticket if it has been over 2 business days. Please note that there may be a delay on this time frame over the weekend/holidays.
Once the template is added into your account, this releases The Humanista Co. from any liability related to your purchase. Therefore, it is no longer ours and it becomes your responsibility to add your own content, and edit the site, and manage any logistical and/or technical features on the backend of your site. If you make any accidental changes to the template, we cannot come back into the site and reverse them.
A purchase of a Template includes your chosen template sent to you only once:
If you make any accidental changes to your template and want the template sent again, or, if you don’t accept the invitation to your new template within 6 months of purchase and your free trial expires, then you will have to repurchase the template so we can prepare and send it again.
Your template will come into your account on a free trial. If you let this free trial run out, Squarespace will mark your website for deletion. If your website gets deleted and you want the template resent, you will have to repurchase the template so we can prepare and send it again. Avoid letting your trial run out by asking Squarespace support for a trial extension, or upgrading your site to a paid plan.
License to Use The Humanista Co. Branded Products
Any and all purchases made on the Site for any of the Company’s branded products do not constitute purchases for ownership over the Company’s products or services. Your purchase will not qualify as transferring any ownership rights, privileges, or abilities to exercise control over the product in a manner that exceeds the limited use you are permitted under these Terms. Any and all purchases made on the Site constitute the granting of a limited, non-transferable, non-sublicensable, non-exclusive license to use the products for their intended purposes. Any use that exceeds the intended use of the Company’s product shall result in the immediate revocation of this license to use the Company’s product, and You must immediately cease Your use of the product. All digital products are to be considered shipped and delivered upon completion of the purchasing process and access to the product being granted to You by the Company.
You are not permitted to make any copies of the Company’s branded products, provide access to it to any third parties, any persons, or entities other than Yourself, Your agents, and employees. You may not sublicense, distribute or pledge the Company’s products or any of the rights herein to any third party. Additionally, You will not use any third-party software, including any open-source software, in conjunction with any of the Company’s products, unless You ensure that such use does not cause the products to become subject to any third-party license applicable to such third party software or require the public disclosure or distribution of any other products or the licensing of any products, software, or material for the purpose of making derivative works. Finally, You shall not modify, translate, reverse engineer, decrypt, decompile, disassemble, create derivative works based on, or otherwise attempt to discover the Company’s source code or underlying ideas, techniques, or algorithms.
Social Media Templates Limited Licensing
Each template pack purchase may be used for one project/business only, but you can reuse the templates as many times as you want to within the one project/business.
Website Template Limited Licensing
Each purchase grants you a limited, non-exclusive, non-transferable, single-seat license to the template. This means that you may use the template for only one website, whether for yourself or for a client. To use the template more than once, you must purchase a separate license for each project.
Under this license, you cannot —
Use the templates (including all bonus resources that come with each template) for re-sale of any kind, including to create your own templates
Share any of the templates (including all bonus resources that come with each template) with anyone who has not purchased it (other than a business partner and/or the client(s) for whom you are customizing a template)
Website Template Commercial Licensing
If you have purchased a commercial license, you may use the template for unlimited client projects but you may not resell the template and/or its supplementary resources in any way. This license includes lifetime access and permission to use the purchased website template(s) in unlimited client projects.
Under this license, you can —
Use the template(s) to create your own business websites(s)
Use the template(s) to create customized/restyled websites for your clients
Use the template(s) as you need to for either of the above, without the need to credit The Humanista Co.
Take credit for the design so long as the template(s) is edited to differ from the original demo site design. ‘Editing’ is defined as changing the fonts, colors, images, adding or deleting pages, adding custom code, and/or replacing the placeholder text.
Gain website ownership of each purchased template once the license has been paid in full.
Under this license, you cannot —
Use the template(s) (including all supplementary resources that come with each template) for commercial re-sale of any kind, including to create your own templates
Share any of the template(s) (including all supplementary resources that come with each template) with anyone who has not purchased it (other than to a business partner and/or the client(s) for whom you are customizing a template)
By purchasing and/or using our any of our offerings, you agree to abide by these terms:
You may not resell our offerings as your own in any way that earns you money.
You may not duplicate, exchange, and/or distribute our offerings to another person who has not purchased it themselves (other than to a business partner and/or the client(s) for whom you are customizing a template)
You may not use and/or exploit any information contained in your purchase to create any of your own competing offerings for commercial sale.
You may not violate our intellectual property rights, including copyright and trademark, as specified above.
You understand that engaging in unauthorized use of our offerings is considered theft, and we reserve the right to prosecute it as a civil and/or criminal offense.
The Humanista Co. Site Credit
The Company strongly recommends that you include a credit to the Company in your website footer when you use a Company branded product. It is not mandatory, but the Company recognizes that customers who participate in crediting The Humanista Co. are valuable customers. No compensation will be granted for offering a credit to the Company, but you may be asked to participate in future marketing efforts by the Company that could use your brand or image as part of the marketing effort by highlighting successful examples of the Company’s work. This credit does not guarantee your participation in any future marketing campaigns of the Company, but it may elevate you in the Company’s consideration by highlighting your previous endorsement of the Company’s brand.
Template Access
You are granted lifetime access to the templates and supplementary resources, such as tutorials and workbooks. This means you will have access for the entire life of these offerings from the date of purchase, including content updates.
We reserve the right to discontinue our offerings at any time in the future, for any reason. If this happens, we will give you a 30-day notice so you have ample time to back up the resources. We are not responsible for the updates of any discontinued products that you have purchased.
Should we decide to repackage these existing resources into a shorter or longer offering, you agree that we are not obligated to provide you that separate offering for free or at a discount.
We do our best to ensure that your experience of our templates are free of interruptions. However, due to the digital nature of our offerings, we cannot guarantee that your access will not be restricted periodically to make way for repairs, maintenance, or updates.
We will not be held liable for refunds or damages, should our offerings be rendered inaccessible to you due to network failures, server overload, backup procedures, or other similar reasons.
Permission to Use Written Copy
The Humanista Co. includes multiple examples of copy, writing, or text within the Company’s branded products that they sell. When you purchase these products from the Company, you are granted permission to modify, edit, copy, or otherwise change the text that is contained within the Company’s branded products. The Humanista Co. recommends that you use the copy that is contained within the products as an example that you may use to inspire your own words that you may want to use. You are responsible for making these edits and modifications to the copy when you purchase a product from the Company on its site, and you understand that the Company is not responsible for assisting you or otherwise making any changes to the copy for you. Additionally, you understand that other purchasers may be utilizing the same copy. You are not permitted to use any example text from the original demo site template in your own marketing materials (such as social media, newsletter, branded materials like PDFs, etc.) and take credit as if it were your own original words. Any example text that you use from the original demo site in your own marketing materials must be modified from the example text.
Permission to Use Stock Photos
The stock photos included in all of the Company’s branded products come from Unsplash and fall under their license terms. Unsplash grants you an irrevocable, nonexclusive, worldwide copyright license to download, copy, modify, distribute, perform, and use photos from Unsplash for free, including for commercial purposes, without permission from or attributing the photographer or Unsplash. This license does not include the right to compile photos from Unsplash to replicate a similar or competing service.
Media Release
By purchasing any website template from us, you authorize us to use a screenshot of your launched website in any of our promotional materials such as website, social media, newsletter, etc. You acknowledge that this usage would require neither permission from nor compensation to you.
By posting, submitting, or distributing content—such as comments, photos, or videos—in our website and community, you are granting us the right to use them in our marketing or promotional efforts, now or at any time in the future.
This right includes granting us the use of your name and intellectual rights such as copyright and trademark to identify you as the author of your content. You acknowledge that this usage would require neither permission from nor compensation to you.
We are not obligated to display your content on our offerings, and we may choose to remove your content at any time for any reason.
Confidentiality
When you purchase our offerings, we may collect your personal data, including but not limited to the following:
Name, address, and contact details
Demographic information (e.g. age, income, location)
Billing and payment information (e.g. credit or debit card)
Preferences, interests, and other information that may identify you
By participating in the use of our offerings, you grant us the permission to use and store your personal data. The company respects your privacy, so we will not disclose any information you provide except as stated in this agreement.
We will exert our best efforts to keep your data safe and secure. However, we make no assurances about our ability to prevent the loss, misuse, or alteration of your personal data. Submitting your confidential information is done at your own risk.
Lawful Purposes
You agree to access and use our templates and supplementary resources for legitimate and lawful purposes only. This means that you shall not use our offerings in a manner that infringes the rights of others, encourages crime, or constitutes fraud.
The Humanista Co. reserves the right to revoke your access from our offerings if you violate these terms and policies.
We also reserve the right to investigate complaints and reported violations and take any action we deem necessary or appropriate. This includes but is not limited to reporting any suspected unlawful activity to law enforcement and disclosing any information as needed.
Policies
The following policies identify the duration and scope of template installation, support, and refund. Note that we cannot help you with issues that arise from third-party plugins and user modifications.
Installation Policy
Your purchase of any template includes the delivery of your template copy to your email within [2 business days] of purchase.
If you avail our installation service on an existing Squarespace site, we will do our best to complete it within [5 business days]. This service includes the following:
Immediate access to the template's video tutorials, code documentation, and other supplementary resources
Transfer of the purchased template as a separate site to your Squarespace account within [2 business days]
Inclusion of placeholder content, images, and graphics as featured in the demo website
Configuration of site styles and plugins to match the template's demo website
These actions fall outside the scope of the template installation:
Migration or transfer of your existing website content and media
User-specific configurations and customization of the template in any form, including changes to content, colors, and functionality
Purchase or setup of a new Squarespace account
Installation of third-party plugins
Revisions of any form
We strive to represent our templates as accurately as possible. But due to Squarespace updates, there may be minor differences between the demo version and the installed template. Some sections or blocks may also appear unstyled before user-specific configurations.
Though installation would not change the content on your existing website, it does materially affect how the content is displayed in the browser. You can set up a cover page or a temporary password during the process.
Since the template will be transferred to your account as a separate site, you will have to manually migrate any preexisting content. Take note that you will also have to replace the placeholder images as well or purchase their respective licenses from our affiliate.
Please understand that backlog or other unforeseen circumstances (e.g. medical emergency, natural disaster, act of war) may cause delays to our services. We will do our best to keep you updated on progress. However, no compensation will be provided for the delayed delivery of the template.
We also do our best to protect your existing website data during the installation. However, in the unlikely event that something goes wrong, [company] cannot be held liable for lost or corrupted blocks, sections, pages, or code. We strongly encourage you to back up your site.
Support Policy
The company does not offer email supported regarding any of our digital products after purchase.
Refund Policy
Due to the non-tangible, digital nature of our offerings, we do not issue refunds or exchanges if you are unsatisfied with them. Please review the template page and live demo prior to purchase. Kindly contact us if you have any other questions or clarifications.
The Humanista Co. reserves the right to refuse the delivery of the product for any reason. If payment was made before refusal, the company will promptly issue the refund. You acknowledge that we do not have control over the third-party payment processor and associated fees.
The company also reserves the right to cancel any installation order at any time. If this occurs, you will be refunded the full amount of the service but not the cost of the template itself.
Disclaimers
By agreeing to the following, you agree that the company does not guarantee results or potential earnings, nor will we be held responsible for legal or financial consequences of your purchase.
Legal & Financial Disclaimer
This agreement in no way forms a partnership, joint venture, employment, franchise, or agency relationship between you and The Humanista Co..
The company only intends to provide you these offerings for informative and educational purposes. This instruction is not meant to be a substitute for financial or legal advice.
We advise you to consult with your own accountant, lawyer, or financial advisor for any concerns you have for your specific situation.
Earnings Disclaimer
You acknowledge that we cannot promise or guarantee a particular result, financial or otherwise, through the use of our offerings. Your success and earnings are dependent on your personal ideas, skills, and commitment. In other words, you are solely responsible for your results.
We have spared no effort to accurately represent the potential of our offerings. Note that these products and services are not affiliated to or sponsored by any platform, including Squarespace.
Testimonials Disclaimer
Kind words and testimonials presented on our website are true to the individuals who contributed them. However, they are individual results and are not representative of all those who will purchase our offerings.
These statements are merely intended to demonstrate what the best and most motivated users have achieved with our templates.
Limitation of Liability
Under no circumstances shall the company be held liable for any damages that may arise from the use of our offerings. Our liability is limited to the fullest possible extent permitted by law.
Assumption of Risk
You agree that you are voluntarily purchasing our offerings. You are using your own judgment in accessing our templates and services, and you are doing so at your own risk.
Hence, you are solely responsible for your actions and decisions based on the use, misuse, or non-use of our offerings.
Errors & Omissions
We have made every effort to present you with correct and up-to-date information in our offerings. However, since Squarespace as a platform and website design in general are constantly evolving, we cannot be held accountable for the accuracy or timeliness of our content.
We do not claim that our offerings are free of errors or omissions, that mistakes will be corrected, or that our site or content are free of viruses or any other harmful components. Our templates and supplementary resources are provided as is without warranties of any kind.
Third-Party Content
The company may feature content from third parties via interviews, blog posts, guest sessions, showcases, or other similar formats. We assume no responsibility for errors or omissions of third-party content, since we cannot guarantee the accuracy or relevance of their data.
Similarly, we may provide external links to third-party websites. This does not mean that we have control over their information and privacy policy, or that we endorse their offerings. You agree to access these third-party sites at your own risk.
Force Majeure
The company will not be liable to you for any failure or delay in performance, if it is caused by acts or circumstances beyond our reasonable control.
Our failure or delay will not constitute a breach of this agreement if they are caused by any of the following, without limitation:
Acts of God (e.g. flood, fire, earthquake)
Civil unrest and armed conflict (e.g. war, invasion, terrorism, riot)
Disease outbreak (e.g. pandemic, epidemic)
Labor dispute (e.g. lockout, strike)
Technological breakdown (e.g. server failure, power outage)
Indemnification
You agree to absolve The Humanista Co. of liability or loss that you may incur as a result of your reliance on the information from our offerings. The company will also not be liable to you for any type of damages that arise from your use of our templates.
Release of Claims
The company will not be held liable to any party for any type of damages from the use or reliance on our offerings. You agree to release us from all claims, including but not limited to:
Loss of revenue, anticipated profits, savings, or goodwill
Theft, deletion, or corruption of confidential information
Personal or business interruptions
Misapplication of information
Provision or failure to provide services
Since some states or jurisdictions do not allow the exclusion or limitation of liability, these may not apply to you. If you are dissatisfied with the template or any portion of it, your sole and exclusive remedy is to discontinue its use.
International Users
Our offerings are operated and controlled by the company from within The United States of America. If you use our offerings from a location outside the USA, you are responsible for complying with all your local laws. You agree not to access our offerings in any territory or in any manner prohibited by applicable laws and regulations.
Modification
The company reserves the right to change the Template Terms & Policies without notice. The most current version of this agreement will take the place of all previous versions. We encourage you to review these terms periodically to stay informed of important changes.
Termination
The Humanista Co. reserves the right to terminate your access and use of our offerings at any time if you become disruptive to other users or violate this agreement. In the event of termination, you will not be entitled to a refund and will not be excused from any remaining payments.
The provisions of this agreement—including terms of use, disclaimers, limitation of liability, and release of claims—will still apply, even after termination by either party.
Severability
If any provision of this agreement is found to be invalid, illegal, or unenforceable in any jurisdiction, it shall not affect:
The enforceability or validity of any other provision in that jurisdiction, or
The enforceability or validity of all provisions in other jurisdictions
Other notes
Please note that due to the design limitations of Canva, there may be some slight differences between the original template graphics and the Canva graphics. In most cases there’s little to no difference and almost all elements are completely customizable. If this is a concern for you, please contact us with the specific template you are inquiring about, and we can tell you exactly what differences or limitations there may be.
Depending on the template, you may need to upgrade to 'Canva Pro' (a paid version of Canva) for best results.
You will need a Squarespace subscription and you may need Canva to use these templates. Please read each template description carefully to see what is needed for that particular template.
All prices listed are in USD.
The term "Squarespace" is a trademark of Squarespace, Inc. This website and its products are not affiliated with Squarespace, Inc.
The term “Canva” is a trademark of Canva®. This website and its products are not affiliated with Canva®.
TERMS AND CONDITIONS OF SITE USE
Updated: June, 2021
PLEASE READ THESE TERMS CAREFULLY
These Terms of Use (the “Terms”) govern your use of and access to WWW.THEHUMANISTA.CO and its sub-domains and affiliated sites, as well as The Humanista Co’s (“thehumanista.co” “my”, “me” or “I”) pages and accounts on Instagram®, Facebook®, Instagram®, Pinterest®, LinkedIn®, and YouTube® (the “Sites). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
1. SITE CONTENT
The Humanista Co. exclusively owns and controls the Sites, which provides information about my products and services and may, from time to time, provide access to educational materials pertaining to web design, online business and marketing, etc.. You agree that, use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, video or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $250 per incident for any unauthorized use of our content you are responsible for, at the sole discretion of The Humanista Co.
2. INTELLECTUAL PROPERTY
Unless explicitly stated otherwise, as between you and The Humanista Co., The Humanista Co. owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. My name, The Humanista Co., and all related names, product and service names, logos, slogans and designs are my trademarks and you may not use these marks without my prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission.
3. THIRD PARTY RIGHTS
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by The Humanista Co. either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. I respect the intellectual property of others and ask that you do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.
If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
4. LINKING TO OUR SITES
Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with The Humanista Co.; (ii) present false or misleading information about thehumanista.co; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.
5. ADVERTISEMENTS, LINKS AND AFFILIATE LINKS
I may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not my own. You agree that I shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that I link on the Sites will be clearly marked; however, I encourage you to reach out to me with any questions you may have regarding affiliate links.
You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by The Humanista Co. of the contents on such third-party sites, and I expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that The Humanista Co. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.
6. DISCLAIMER AND LIMITATION OF LIABILITY
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND BUT WITHIN THE SCOPE OF THE FOLLOWING LIMITATION OF LIABILITY CLAUSE. THE HUMANISTA CO., TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AGREED, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE RISK FOR USE OF THE SITE IS BORNE BY YOU.
PLEASE ESPECIALLY NOTE: Data communication via internet cannot be guaranteed to be error-free and/or available at all times. We cannot guarantee constant and continuous availability of our online systems.
LIMITATION OF LIABILITY: We are only liable for damages incurring from intent and gross negligence but we assume no liability for slight negligent breach of contract in respect of other than essential contractual obligations. Essential contractual obligations are obligations that are crucial for the purpose of the contract. The liability for damages for the violation of essential contractual obligations shall be limited to foreseeable damages typical for the contract.
PLEASE NOTE: The above mentioned exclusions and limitations of liability do not apply in case of damage of life, body and health.
7. CHOICE OF LAW AND JURISDICTION; VENUE
The exclusive place of jurisdiction for all disputes arising between us and you is our place of business, that is Phoenix, AZ. Our legal relationship shall be governed by the laws of the state of Arizona, USA.
8. YOUR COMMENTS AND CONCERNS
All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: daniela@thehumanista.co. Thank you for visiting the Sites!
TERMS AND CONDITIONS OF PURCHASE
These Terms and Conditions of Purchase (these “Terms and Conditions of Purchase”) sets forth your rights and responsibilities for accessing the websites at www.thehumanista.co and its sub-domains and affiliated sites, as well as The Humanista Co.’s (“The Humanista” “my”, “me” or “I”) pages and accounts on Instagram®, Facebook®, Twitter®, LinkedIn®, LinkedIn®, Google Plus®, and YouTube® (the “Sites). Please read both these Terms and my Privacy Policy carefully.
These Terms and Conditions shall be part and parcel of the legally binding contract between The Humanista Co. (“The Humanista”) and other associated materials and sites linked hereto and operated or controlled by The Humanista Co. (herein also referred to as “Company”), and you regarding your purchase of video content, website content, and printable materials (herein referred to as the “Program” or “Program Materials”). The program shall be deemed to be incorporated herein by reference in addition to this website’s terms of use (the “Terms and Conditions”) and privacy policy (“Privacy Policy”). The individual agreements between the Company and you together with these Terms and Conditions of Purchase, the Terms and Conditions, and the Privacy Policy are collectively referred to herein as this “Agreement.”
In the event of any conflict between any individual agreement and the content of the above mentioned documents being part of this Agreement with respect to your purchase, the individual agreement shall prevail over any conflicting clause of the Terms and Conditions of Purchase and the Privacy Policy, and the Terms and Conditions of Purchase shall prevail over conflicting content of the Terms and Conditions. By purchasing this product, you (herein referred to as “Client”) agree to the following terms as a condition of your participation in the Program.
1. APPLICABILITY
For all orders via the Company’s online shop by consumers, entrepreneurs and businesses, the following Terms and Conditions of Purchase shall apply to the exclusion of any other party’s terms and conditions, irrespective of whether they may be in conflict with or modifying or extending the content of these Terms and Conditions of Purchase.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur and/or business is a natural person, a legal partnership, or legal corporation that, when entering into a legal transaction, does so for commercial or independent professional activity.
With regard to entrepreneurs and businesses, these terms and conditions also apply to future business relationships.
2. CONTRACT PARTIES, CONCLUSION OF CONTRACT & CONTRACT LANGUAGE
The contract of purchase is with The Humanista Co. Please see the imprint on the website or the confirmation e-mail of the Company for further information and contact details.
You are obliged to use your correct name and to provide only true and complete information and data on your order.
The listings of products in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum). You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order.
By clicking “Buy Now” “Enroll in Course” “Purchase” “Download” or similar in the last step of the order process, you submit a binding offer to purchase the products displayed in the order overview. Shortly after submitting your order you will receive a confirmation by e-mail. The contract is entered into and legally binding for both parties only upon receipt of the Company’s confirmation e-mail confirming the availability of the products ordered.
The exclusive language available for the conclusion of the contract shall be English. Translations of these Terms and Conditions of Purchase into other languages are for information only.
3. STORAGE OF THE CONTRACT TEXT & MODIFICATIONS TO THE CONTRACT
You may access these Terms and Conditions of Purchase at any time by visiting WWW.THEHUMANISTA.CO/TERMS-AND-CONDITIONS.
We reserve the right at any time to modify these Terms and Conditions of Purchase and to impose new or additional terms or conditions on your access and use of the products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this agreement. Your continued use of the products will be deemed your acceptance thereof. The modified terms and conditions will accessible to you at WWW.THEHUMANISTA.CO/TERMS-AND-CONDITIONS. If you have any questions, please contact us directly at daniela@thehumanista.co
4. PAYMENT
In our online shop you can make use of the following payment methods:
Credit card
If you choose to pay in full or pay with a payment plan, you may use the option to pay by credit card.
By submitting the order, you also submit your credit card details.
After you are verified as a legitimate cardholder, we submit a request to your credit card issuer to immediately initiate the payment. The payment is automatically performed by the credit card company and charged to your card.
If you choose to pick the payment plan option, you are responsible for all remaining payments unless a refund is requested according to the terms further outlined below. If you choose to purchase with the payment plan option, The Humanista Co. retains the right to suspend access to any program if payments are not made when they are due. Further, if at any time there is a past due payment, access to the program will be temporarily restricted until the account is current and all past due payment obligations have been met. You must promptly update all billing information (billing address, card number, and expiration date) to keep your account current, complete, and accurate. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney's fees and costs, as necessary and reasonable, on any outstanding balance.
PayPal
PayPal is only available as a payment option for purchases made in full. PayPal is not available for purchases made with a payment plan.
During your order you will be redirected to the PayPal website. In order to pay the invoice amount via PayPal, you must be registered with PayPal. After placing your order in the shop, we submit a request to PayPal to initiate the payment. The payment transaction will then be immediately carried out automatically by PayPal.
Upon purchase, you will receive a username and password for each subscription you purchase in the Order. For example, if you purchase only one subscription, you will receive only one username and password, and only one person may access and use the Product.
5. REFUNDS/Money-back Guarantee
Brand Identity Package & Full Brand & Web Design Package “the services”
Purchases of any packages are considered nonrefundable services and under no circumstances will refunds be issued except in the language explicitly written in individual Client contract.
Company Discretion: All refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
6. INTELLECTUAL PROPERTY
You understand and agree that the Products contain proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, templates, workbooks, checklists and sound recordings, (collectively, the “Product Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that are owned by The Humanista Co. and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and The Humanista Co. will prosecute such misconduct to the fullest extent permitted by law.
The Humanista Co. provides you with the Products solely for your own personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of The Humanista Co.’s rights or that has not been authorized by The Humanista Co. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
By using the products, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference The Humanista Co., the Products, or the Product Content, or infringe on any of The Humanista Co.’s or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by The Humanista Co. and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE HUMANISTA CO. AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The trademarks, service marks, and logos of The Humanista Co. (the “The Humanista Co. Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of The Humanista Co.. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of The Humanista Co.Trademarks inures to our benefit.
7. THIRD-PARTY MATERIALS AND WEBSITES
The Humanista Co. may provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by The Humanista Co. of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that The Humanista Co. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that The Humanista Co. will not be liable for your improper use of third-party materials and websites. Any affiliate links that are linked on the site will be clearly marked; however, we encourage you to reach out with any questions you may have regarding affiliate links. Company marks (whether or not registered) may not be used for any reason without written permission. Client agrees not to register, operate, or lease any domain with a confusingly similar name to any such mark without permission of Company.
8. REPRESENTATIONS AND WARRANTIES
THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WITHIN THE SCOPE OF THE FOLLOWING LIMITATION OF LIABILITY CLAUSE, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR ANY OTHER THAN THE AGREED PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PROGRAMS AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS. HOWEVER, THE HUMANISTA CO. DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.
YOU EXPRESSLY AGREE THAT YOUR PERSONAL USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING THE PRODUCT(S), YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.
9. LIMITATION OF LIABILITY
We are liable for intent and gross negligence but we assume no liability for slight negligent breach of contract in respect of other than essential contractual obligations. Essential contractual obligations are obligations that are crucial for the purpose of the contract. The liability for damages for the violation of essential contractual obligations shall be limited to foreseeable damages typical for the contract.
EXCLUSIONS AND LIMITATIONS OF LIABILITY DO NOT APPLY IN CASE OF DAMAGE OF LIFE, BODY AND HEALTH. The liability pursuant to the product liability law remains unaffected.
Data communication via internet cannot be guaranteed to be error-free and/or available at all times. We cannot guarantee constant and continuous availability of our online systems.
10. GOVERNING LAW & BINDING ARBITRATION
The exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business, that is Phoenix, AZ. Our contractual relationship shall be governed by the laws of the state of Arizona.
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF LOWER SAXONY, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
11. BINDING EFFECT
This Agreement shall be binding upon, is for the sole benefit of the Parties hereto. The Parties have no right to assign this Agreement without the explicit permission of the other Party.
12. TERMINATION
The Humanista Co. is committed to providing all customers with a positive experience. In the event of a breach of this Agreement by you The Humanista Co. in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or your participation in program without refund; and/or, in case the breach of contract is so serious that it is unacceptable for The Humanista Co. to go on with the contractual relationship, (b) terminate this Agreement.
13. INDEMNIFICATION
To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement by the other party.
14. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of The Humanista Co.’s intellectual property rights and confidential and proprietary information by you, The Humanista Co. will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Humanista Co. may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above.
You agree on the personal and subject-matter jurisdiction of the court being competent under Arizona laws for the location of The Humanista Co. business, located in Phoenix, Arizona for purposes of any such action by The Humanista Co. (cf. clause 10).
15. COMPLIANCE WITH LAW
The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
16. NO WAIVER
If the Parties choose to waive one provision of this Agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
17. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.