Terms and Conditions

Last updated: December 21, 2024

Please read these terms and conditions carefully before using Our Website.

Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions
For the purposes of these Terms and Conditions:

These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.

Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.

By accessing or using the Website, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.

You represent that you are over the age of 16. The Company does not permit those under 16 to use the Website.

Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.

By placing an Order for Goods or Services through the Website, You warrant that You are legally capable of entering into binding contracts.

Your Information
If You wish to place an Order for Goods or Services available on the Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights
Any Goods or Services you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

We will reimburse You no later than 30 days from the day on which We receive Your cancellation request. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods or Services:

Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods and Services on the Website. The Goods and Services available on Our Website may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods and Services on the Website and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You may have the right to cancel Your Order. See our Return Policy for more information.

Payments
All Goods and Services purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Respect and consideration for others, both virtual and onsite programs, is mandatory for all participants and teaching staff. The Company will not tolerate any instances of discrimination, harassment, or any other form of mistreatment in conjunction with any of our programs. Harassment or disrespect of community members on the basis of race, color, religion, sex, sexual orientation, national origin, age, marital status, or ability is unacceptable and will not be tolerated. You are expected to adhere to all federal, state, and local laws and regulations while participating in a Company program. Should You, a staff member, contractor, or volunteer be found to violate any aspect of the Company’s code of conduct, We reserve the right to dismiss You from the program. Consequences may include, but not be limited to, suspension, dismissal from the current program or activity, and/or ineligibility for all future programs. No returns will be provided if You are removed from the program due to violations of the code of conduct.

You acknowledge the contagious nature of the Coronavirus/COVID-19. You further acknowledge that the Company cannot guarantee that You will not become infected with the Covid-19 or any other infectious disease during on-site programs. You understand that the risk of becoming exposed to and/or infected may result from the actions, omissions, or negligence of themselves and others, including, but not limited to, staff and participants and their families. You further avow that any costs arising from a Coronavirus/Covid-19 or any other infectious disease, whether of You or of any others in the program, will be the responsibility of You and not the Company.

You acknowledge that You have agreed to participate in a Program provided by the Company. This Indemnity is in consideration for being permitted by the Company to participate in the Program and to use facilities provided by The Company.

To the extent permitted by law, You agree to protect, indemnify, defend, and hold harmless the Company, the venue where the Program is being held, as well as the Hotel(s), resort(s), and owners of the private condos / houses where You may be residing during the Program, and their respective employees, officers, directors, and agents against all claims, losses, or damages to persons or property, governmental charges or fines, and costs (including reasonable attorney’s fees) arising out of or connected to the actions or failure to act in accordance with the Terms and Conditions by the attendee, its employees, officers, directors, or agents, except those claims arising out of the other party’s gross negligence or willful misconduct.

The Website and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Website is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You give consent and permission to the Company for the use of Your likeness, name, and voice for use in the manner that the Company, its employees, contractors, or other authorized agents may see fit. You hereby agree that all audio and video recordings of Your likeness, name, and voice produced by the Company, its contractors, agents, or employees, may be published, reproduced, exhibited, broadcast, through any media, and used by the Company to promote the Company without further consent from or payment to the undersigned who hereby forever releases and discharges the Company, its employees, contractors, licensees, agents, successors and assigns from any claim, actions, damages, demands whatsoever associated with any such use.

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company or Website content is not for resale. Your participation in a Program does not entitle you to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will not use the content without the express written permission of the Company and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement or violation of the Company’s intellectual property shall result in an immediate dismissal from the Program and all future Programs, and You shall not be entitled to a refund of any portion of the fees.

The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or any Third-Pary Service used by the Company.

By posting, uploading, inputting, providing, or submitting Your Submission You are granting the Company, our affiliated companies, contractors, and necessary sub-licensees permission to use Your Submission in connection with the operation of The Company including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat Your submission; and to publish Your name in connection with Your Submission.

The Company has the right to include Your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program in any future marketing material.

No compensation will be paid with respect to the use of Your Submission, as provided herein. The Company is under no obligation to post or use any Submission You may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting Your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input, or submit the Submissions.

You assign all rights, title and interest in any Feedback You provide to the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Website or our Services will cease immediately.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or 100 USD if You haven’t purchased anything through the Website.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

The Website is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Website. Your use of the Application may also be subject to other local, state, national, or international laws.

If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company.

If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company.

If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company.

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Website.

If you have any questions about these Terms and Conditions, You can contact us by email: info@theearthof.com.