Terms of Use
These Terms of Use (the “Terms”) constitute a legal agreement between us, Giraffa Analytics (Giraffa Analytics SRL, Romania) (hereinafter “we”, “us”, “our”) and you the user (“you”) governing the use of our website, www.giraffa-analytics.com, our online classes, and the sale of our digital products (hereinafter the “Services”).
General Terms
The provisions set out in these Terms govern your access to and your use of our Services and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Services.
We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Services at any time, or remove or edit content on our Services or on any of our affiliated websites. We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our Services, or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
Our Services and Access Licence
We provide downloadable on-demand classes, digital templates, and related content and services as set out on our website (“Services”). Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive, and non-transferable license to use our Services on these Terms. You agree your access and use of the Services is not contingent on the delivery of any future functionality or features or the delivery of any other services.
Disclaimer
We provide a service, i.e., the Participants are coached, advised, guided etc. A concrete success is not promised. We provide the services on the basis of the data and information provided by you. The guarantee for their factual correctness and completeness lies with you. You expressly agree that your use of, or inability to use, our Services is at your sole risk. The Services are delivered to you ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We are not responsible for your personal actions or choices before, during, or after using any of our Services. You understand that any use of our Services, suggestion, recommendation, or information is at your own risk, with no liability on our part. You accept full responsibility for your use, or non-use, of any information provided by us through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you or any other person may incur from your or their use or non-use of our Services, or information provided by us. We are not liable for the completeness, accuracy, or correctness of any information uploaded on our Products and any Related Content. You expressly agree that your use of our Services, including reliance on any Advice, whether financial or otherwise, is at your sole risk. You shall use all reasonable endeavors to provide all pertinent information to us that is necessary for our provision of the Services. You may, from time to time, issue reasonable instructions to us in relation to our provision of the Services. Any such instructions should be compatible with the specification of the Services. In the event that we require the decision, approval, consent, or any other communication from you in order to continue with the provision of the Services or any part thereof at any time, you shall provide the same in a reasonable and timely manner. Any delay in the provision of the Services resulting from your failure or delay in complying with any of the provisions of this Section shall not be our responsibility or fault.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
Prohibited Uses
You may use our Services only for lawful purposes. You may not use our Services:
- in any way that breaches any applicable local or international laws or regulations;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Intellectual Property Rights
You acknowledge that all intellectual property rights in our Services anywhere in the world belong to us, that rights in our Services are licensed (not sold) to you, and that you have no rights in, or to, our Services other than the right to use them in accordance with these Terms. Any intellectual property rights in content uploaded by you to our Services shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes, and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Services. Subject to the foregoing and fulfillment of your payment obligations hereunder, we hereby grant you a personal and non-transferable, worldwide, perpetual, revocable, non-exclusive license to use our Services pursuant to this Agreement as necessary for or in connection with the use, management, and maintenance of such Services, provided that you not have the right to publish or distribute our Services other than as part of such Services to any third party or to create derivative works.
Digital Products Terms Of Sale
Products
These Terms of Sale apply to all offers and contracts relating to the sale of our digital products (“Products”). The images of the Products are for illustrative purposes only. Although we have made every effort to display the colors and details accurately, we cannot guarantee that your computer’s display of the colors and details accurately reflects the Products. Your Products may vary slightly from those images. All Products offered are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your Order if made.
Eligibility
You may only purchase our Products if you are at least 18 years old. We intend to rely upon these Terms in relation to the Contract between you and us. We only accept responsibility for our statements and representations and not for any statements made by third parties. Nothing in these Terms affects your statutory rights. Those rights include your right to receive products which match their description, are of satisfactory quality, and are reasonably fit for purpose.
How the Contract is Formed
The Contract is subject to these Terms to the exclusion of all other terms and conditions (including any terms and conditions you purport to apply in any Contract). A Contract shall not be effective until we have issued written acknowledgment and acceptance of such Contract (notwithstanding any earlier confirmation of receipt). We may in our sole discretion decline any order placed by you. No change or modification of the Contract shall be allowed after acceptance by us unless accepted in writing by us. If there is any conflict between the prices indicated online and our acknowledgment of the Contract, then the latter shall take precedence.
Products Descriptions and Prices
We do our best to ensure that the information about our Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them. We reserve the right to modify the information about Products displayed, including as regards prices, description, and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.
When Orders are Not Accepted
While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example, if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information; we discover that there was an error relating to the Products you ordered, for example as regards the price or description displayed; the Products you ordered are no longer available; we have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order we will contact
you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information, we will refund you any money you may have already been charged for such Products.
Cancellation of Orders
We reserve the right to cancel, at any time before delivery and for whatever reason, an Order that we have previously accepted. We may do this for example, but without limitation, where: an event beyond our control, such as storm, fire, flood or failure of computer systems, means that we are unable to supply the Products within a reasonable time; Products ordered were subject to an error on the website, for example, in relation to a description, price, or image, which was not discovered prior to the Order being accepted; you ask us to cancel your Order. You may cancel your Order where we have breached a material term of this Agreement; or where we are not able to deliver your Order within a reasonable time of the estimated delivery time, other than a result of any delay: for which you are wholly or partly responsible such as a failure to provide the correct delivery details or to pay for the Products; or which was outside our control. Where we cancel your Order after acceptance it will send you an email notifying you of cancellation. In the event you or we are canceling your Order after payment has been processed, we will refund any money paid in respect of that Order, typically within 14 days. Except to the extent otherwise required by law or as expressly set out in these terms and conditions, we will not be liable to you, or any other person, for any loss, damage, cost, or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence, or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Cancellation and Refund (EU and UK Orders Only)
Under the UK’s Consumer Purchases Act and the EU’s Consumer Rights Directive, you have a cooling-off period of 14 “working days” during which you are entitled to cancel your purchase if, for any reason, you decide you no longer want the item from the date the contract is concluded (i.e., the date we send our Order Confirmation email). To exercise the right to cancel, you are required to notify us, by means of a clear declaration (e.g., a letter sent by mail, email) of your decision to cancel this Agreement. Nonetheless, you accept, understand, and acknowledge that once we have begun providing the Product (including providing access to electronic and other digital content), your right to cancel expires.
Availability of Products
We reserve the right to withdraw or suspend from sale any Products, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law, we will not be liable to you, or any other person, for any loss, damage, cost, or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence, or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Delivery
We provide digital Products and license access to our Products. Provided you are fulfilling your payment obligations, you are given a personal, non-transferable, non-exclusive, non-sublicensable license to use our Products on any supported device that you own or control. We deliver access to our Products via the email address or account provided by you at the time when you are placing your Order. In the unlikely event that you are experiencing or have experienced a technical error with our Products, 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. We cannot guarantee that the Products, their content, and information will always be correct or fault, error, and virus-free.
Acceptable Use
If you purchase a Product from us, you can use it for personal and commercial use. This includes the display on your personal computers or making prints for your personal use. You may not share, use the Product for marketing purposes, sub-licensing, reselling, distribution, or make it otherwise available for use or distribution.
Grant of License
Upon payment in full, you are granted a non-exclusive, non-transferable perpetual personal-use license, and we retain full rights to and in the Product.
Technical Error
In the unlikely event that you are experiencing or have experienced a technical error with our digital product(s), please contact us with details and images of your experience.
Warranties
While we make all efforts to maintain the accuracy of the information on our Services, we provide the Services, Products, and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Services or any Products, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Products, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
Limitation of Liability
You agree not to use the Services, Products, and the Related Content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, our Services and Products or any other website or software) for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss or corruption of data or information;
- loss of business opportunity, goodwill, or reputation; or
- any other indirect or consequential loss or damage.
Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud; and/or
- any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Services. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the Services and our Services which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
Indemnity
You agree to indemnify and hold us harmless from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default, or omission, whether in your use of our Services or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
Other Important Terms
We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms. These Terms and any document expressly referred to in it constitute the entire agreement between us regarding their subject matter, and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of the EU. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of EU.
Last modified Wednesday, 7th of August 2024