These terms and conditions are between you, the customer (the “Customer”), and Cabana Thyme LLC (the “Company”), and the use of our digital products. Your use of our website, purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree, you should not use our website or purchase, download or use any of our products.
After purchasing the digital product, you, the client will be given access to the product materials within 48 hours through a download delivered to your email. You will have lifetime access to the materials so long as the product(s) is/are available.
License and Use
The Customer purchase of one of our products constitutes the Company granting you a non-exclusive, non-sublicensable, non-transferable license to download and/or access that product for the purpose of your own personal use and reference, and in the case of downloadable digital products, print or convert the product to an image or vector format for your own storage, retention and reference.
The Customer agrees that under no circumstances shall they use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. The Customer agrees to not use any of the Company’s product(s) in any way which might be detrimental to the Company or the Company’s reputation.
The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain the Company sole and exclusive property. The Customer agrees that under no circumstances, whether the product has been modified or not, shall the Customer attempt to claim ownership of any intellectual property rights or copyright in the product.
Fees & Payment Processing
In consideration for access to the Product provided by the Company, the Customer agrees to compensate the Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, the client shall provide a new eligible payment method before receiving access to the Product. In the event the Customer has already been given access to the product and a payment method is declined, the Company reserves the right to collect any and all outstanding receivables.
Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by the Customer in connection with the product will be allowed under any circumstances. Once a product has been purchased by the Customer, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. The Customer agrees that any payments made by the Customer for any of our products are final and may not be charged back. The Company reserves the right to alter any of our prices from time to time.
By purchasing a product, the Customer will be asked to provide personal information including name, email address, mailing and billing address. The Customer agrees to allow the Company to access to this personal information for all lawful purposes. The Customer is responsible for the accuracy of the identifying information, maintaining the safety and security of their identifying information, and updating the Company on any changes to their identifying information.
The billing information provided to the Company by the Customer will be kept secure and is subject to the same confidentiality and accuracy requirements as the Customers identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity is grounds for immediate termination from the the Product.
Warranties and Liability
We make every effort to ensure that the Product is accurate and fit for the use of our Customers. However, we take no responsibility whatsoever for the suitability of the product and we provide no warranties as to the function or use of the product, whether express or implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. The Customer agrees to indemnify the Company against all liabilities, claims, demands, expenses, actions, costs, damages or loss arising out of the Customer’s breach of these terms and conditions. The Company shall not be liable to the Customer 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.
We do not make any guarantees as to the results, weight loss or health changes or other personal gains of the Cleint’s use of the Product. The Client agrees to take responsibility for their own results with regard to using the Product and seek a licensed Physician before using the Product.
Release & Reasonable Expectations
The Customer has spent a satisfactory amount of time reviewing the Company’s business and has a reasonable expectation that the Company’s product(s) will produce different outcomes and results for each Client. The Client understands and agrees that:
Every client and final result using the Product is different; and
the Product is intended for mass audience
These terms and conditions constitute the entire agreement and understanding between the Company and the Customer for the supply of downloadable digital products and streaming digital products and shall supersede any prior agreements whether made in writing, orally implied or otherwise. The failure by the Company to exercise or enforce any right(s0 under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter as a waiver of another or constitute a continuing waiver. The Customer agrees that monetary damages may not be a sufficient remedy for the damage which may accrue to the Company by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision thereof. These terms and conditions, the Customer accepts and the Company relationship with you shall be governed by the laws of the State of Wyoming. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this agreement become necessary.