Terms of service.
This Agreement (“Agreement”) is made effective by and between Illuminista Living (the “Company”), and purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a digital product from Company’s online shop (the “Product”) or a virtual or in-person service (the “Service”) or a virtual or in-person event (the “Event”). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
I. Digital Products
After purchasing the digital product, the Client will be given access to the product materials in within [48 hours] through a download delivered in his/her email. Client will have lifetime access to the materials so long as the product(s) is/are available.
Company hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. In the event the Company suspects that the Product is being shared with another party, the Company reserves the right to immediately terminate the Client’s access to the Product.
Personal Use Only
Client may use the Product for his/her own personal use only. You may not use your product for commercial or business purposes.
II. Services
After purchasing the Service, the Client will be contacted via his/her email within 2 business days to schedule an appointment time. Client understands and agrees that materials associated with the Service may not be shared with any third party for use by that party. In the event the Company suspects that materials from the Service is being shared with another party in this manner, the Company reserves the right to immediately terminate the Client’s access to future Products, Services, and Events.
Personal Use Only
Client may use materials related to the Service for his/her own personal use only. No materials from Illuminista Living shared in association with the Service may be used for commercial or business purposes.
III. Events
After purchasing the Event, the Client will will be given access to Event-related product materials, if applicable, within [48 hours] through a link to download or attachment delivered in his/her email. Client understands and agrees that materials associated with the Event may not be shared with any third party for use by that party. In the event the Company suspects that materials from the Service is being shared with another party in this manner, the Company reserves the right to immediately terminate the Client’s access to future Products, Services, and Events.
Personal Use Only
Client may use materials related to the Event for his/her own personal use only. No materials from Illuminista Living shared in association with the Service may be used for commercial or business purposes.
IV. Intellectual Property Rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Company or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Company or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
All content presented in video, audio or PDF format, whether paid or free content is exclusive copyright to Illuminista Living.
You may not modify, copy, reproduce, republish, upload, post, transmit, adapt, translate, sell, distribute, redistribute, sublicense, exploit or create derivative works of the Company without our express permission. All legal foreign and domestic copyright protections apply.
In the event of your breach or suspected breach of any of the terms set out in these Terms, we may at any time suspend or revoke your right to use the Service. Further, we will be entitled to, among other things, seek injunctive relief to prohibit such violations.
V. Fees & Payment Processing
In consideration for access to the Product provided by the Company, Client agrees to compensate the Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product, Service, or Event. In the event Client has already been given access to the Product, Service, or Event and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.
VI. Refund Policy
Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed, unless specified on the product page of the specific item you have purchased. Due to the associated materials shared within 48 after purchase of a Service or Event, and the limited availability of Company’s time for Services and limited space for Event attendees, no refunds of any fees or other amounts paid by Client in connection with the Service or Event will be allowed once materials are shared or after 72 hours of purchase, whichever is soonest, unless specified on the product page of the specific item you have purchased. All refunds are at the complete and total discretion of the Company.
VII. Price
The Price you will be charged for the Product, Service, or Event will be the price that was quoted to you at the time you place an order. If your Product, Service, or Event subsequently goes on sale or is quoted for a lower price after you purchase, the Company is not obligated to match the lower price.
Promotional Codes
From time to time, we may issue discounts or promotional codes that can be applied toward payment of certain Products, Services, or Events. Promotions are only valid for use on the specific Product, Service, or Event advertised and are not transferable or redeemable for cash except as required by law. Promotional codes cannot be combined.
VIII. Personal Information
By purchasing the Product, Service or Event, Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow the Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating the Company on any changes to his/her identifying information.
The billing information provided to the Company by the Client will be kept secure and is subject to the same confidentiality and accuracy requirements as the Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product or any materials for fraud or unlawful activity, is grounds for immediate termination from the Product, Service or Event or any future Products, Services, or Events.
IX. Warranties and Liability
Company makes every effort to ensure that the Product, Service, or Event is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, Service or Event, and Company provides no warranties as to the function or use of the Product, Service or Event, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
X. Guarantees
Company does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the Product, Service, or Event. Client agrees to take responsibility for Client’s own results with regard to using the Product, Service, or Event.
XI. Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that:
▪ Every client and final result using the Product, Service, or Event is different
XII. Changes to these Terms
The Company reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Company will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Company.
If required by applicable law, the Company will specify the date by which the modified Terms will enter into force.
XIII. Assignment of Contract
The Company reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Company.
XIV. Entire Agreement
This Agreement constitutes the entire and only agreement between the Company and Client and may not be modified except in writing signed by all parties.
To withdraw consent or exercise these rights, please contact us via email: at jaime@illuministaliving.com.