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Terms and Conditions of

www.womendigitalwealth.com

These Terms govern

· the use of www.womendigitalwealth.com, and,

· any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

www.womendigitalwealth.com is provided by:

Owner contact email: info@womendigitalwealth.com

The following documents are incorporated by reference into these Terms:

What the User should know at a glance

· Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

· Usage of www.womendigitalwealth.com and the Service is age restricted: to access and use www.womendigitalwealth.com and its Service the User must be an adult under applicable law.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using www.womendigitalwealth.com. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using www.womendigitalwealth.com, Users confirm to meet the following requirements:

· There are no restrictions for Users in terms of being Consumers or Business Users;

· Users must be recognized as adult by applicable law;

Account registration

To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner. Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by www.womendigitalwealth.com. By registering, Users agree to be fully responsible for all activities that occur under their username and password.Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

· By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices. Unless where otherwise specified or clearly recognizable, all content available on www.womendigitalwealth.com is owned or provided by the Owner or its licensors. The Owner undertakes its utmost effort to ensure that the content provided on www.womendigitalwealth.com infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on www.womendigitalwealth.com - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on www.womendigitalwealth.com, nor allow any third party to do so through the User or their device, even without the User's knowledge.Where explicitly stated on www.womendigitalwealth.com, the User may download, copy and/or share some content available through www.womendigitalwealth.com for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through www.womendigitalwealth.com Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possiblegrant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

www.womendigitalwealth.com and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of www.womendigitalwealth.com and/or the Service violates no applicable law, regulations or third-party rights.Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to www.womendigitalwealth.com or the Service, terminating contracts, reporting any misconduct performed through www.womendigitalwealth.com or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

· violate laws, regulations and/or these Terms;

· infringe any third-party rights;

· considerably impair the Owner’s legitimate interests;

· offend the Owner or any third party.

“Tell-a-friend”

www.womendigitalwealth.com gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on www.womendigitalwealth.com. To explore all applicable details and conditions, Users may consult the dedicated terms and conditions inside the respective section of www.womendigitalwealth.com. The Owner reserves the right to end the offer at any time at its own discretion.

Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to www.womendigitalwealth.com are held by the Owner and/or its licensors. Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of www.womendigitalwealth.com and the Service offered. This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property. All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

API usage terms

Users may access their data relating to www.womendigitalwealth.com via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses www.womendigitalwealth.com, is bound by these Terms and, in addition, by the following specific terms:

· the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Provision of personal data

To access or receive some of the Products provided via www.womendigitalwealth.com as part of the Service, Users may be required to provide their personal data as indicated on www.womendigitalwealth.com.

Paid Products

Some of the Products provided on www.womendigitalwealth.com, as part of the Service, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of www.womendigitalwealth.com.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of www.womendigitalwealth.com and are subject to change without notice. While Products on www.womendigitalwealth.com are presented with the greatest accuracy technically possible, representation on www.womendigitalwealth.com through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product. The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

· Users must choose the desired Product and verify their purchase selection.

· After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

· The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

· In case the purchased product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

· Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on www.womendigitalwealth.com are displayed:

· either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of www.womendigitalwealth.com. All payments are independently processed through third-party services. Therefore, www.womendigitalwealth.com does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of www.womendigitalwealth.com to learn more about the data processing and Users’ rights regarding their data. If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

Authorization for future PayPal payment

If Users authorize the PayPal feature which allows future purchases, www.womendigitalwealth.com will store an identification code linked to the Users’ PayPal account. This will authorize www.womendigitalwealth.com to automatically process payments for future purchases or recurring installments of past purchases.This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Delivery of digital content

Unless otherwise stated, digital content purchased on www.womendigitalwealth.com is delivered via download on the device(s) chosen by Users. Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards. Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

Contract duration

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Lifetime subscription

Lifetime subscriptions are subscriptions lasting for the entire lifetime of the subscribed Product. Paid lifetime subscriptions start on the day the payment is received by the Owner. They only expire if and when the relevant Product is discontinued.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

The right of withdrawal does not apply on www.womendigitalwealth.com

Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over www.womendigitalwealth.com due to the nature of its offering.

The right of withdrawal does not apply for digital content, where the performance or access to the digital content has begun with the consumer’s prior consent and the consumer acknowledged that in doing so, they would lose their right of withdrawal.

UK User rights

Right to cancel

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification. Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.

The right to cancel does not apply on www.womendigitalwealth.com

Users acknowledge and accept that the right to cancel does not apply to contracts concluded over www.womendigitalwealth.com due to the nature of its offering.

Guarantees

Legal guarantee of conformity for Digital Products under EU law

Under EU law, for a minimum period of 2 years from delivery or, in case of Digital Products supplied continuously for more than 2 years for the entire supply period, traders guarantee conformity of the Digital Products they provide to Consumers.Where Users qualify as European Consumers, the legal guarantee of conformity applies to the Digital Products available on www.womendigitalwealth.com in accordance with the laws of the country of their habitual residence.National laws of such country may grant Users broader rights.

Scope of conformity of Digital Products

Some of the Digital Products available on www.womendigitalwealth.com may have characteristics deviating from the objective requirements of conformity, such as their interoperability, compatibility, fitness for purpose, functionality, etc. Further information is to be found in the dedicated sections of www.womendigitalwealth.com and will be pointed out during the purchasing process.

Forfeiture of conformity claims with regard to Digital Products

Where the Owner provides one or more updates to the Digital Product purchased, the User is required to install and/or implement all such updates according to the instructions provided by the Owner whenever informed to do so. Failure to install or apply any such updates may result in forfeiture of conformity claims with respect to the Digital Product.

Conformity to contract for Consumers in the United Kingdom

Users in the United Kingdom qualifying as Consumers have a right to receive goods that are in conformity with the contract.

Disclaimer of legal guarantee of conformity for goods for Consumers in Switzerland

Where Users qualify as Consumers in Switzerland, the legal guarantee of conformity for physical and/or digital goods is fully disclaimed and does not apply to the Products available on www.womendigitalwealth.com.

Liability and indemnification

Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law. The above also applies to any claims exercised by third parties (including but not limited to the Owner’s clients or customers) against the Owner related to Digital Products provided by the User such as, for instance, conformity claims.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf). This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as www.womendigitalwealth.com has been appropriately and correctly used by the User. Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

Www.womendigitalwealth.com is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service. The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services. The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service. Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

· any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

· any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;

· any errors, mistakes, or inaccuracies of content;

· personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;

· any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;

· any interruption or cessation of transmission to or from the Service;

· any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

· any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

· the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

· User’s use of and access to the Service, including any data or content transmitted or received by User;

· User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;

· User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

· User’s violation of any statutory law, rule, or regulation;

· any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

· User’s wilful misconduct; or

· statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately. Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of www.womendigitalwealth.com and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their personal data, Users may refer to the privacy policy of www.womendigitalwealth.com.

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 www.womendigitalwealth.com are the exclusive property of the Owner 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 www.womendigitalwealth.com are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User from the date communicated to Users onwards. 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 and may 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 Owner. If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of contract

The Owner 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 Owner.

Contacts

All communications relating to the use of www.womendigitalwealth.com must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

Exception for Consumers in Switzerland

If the User qualifies as a Consumer in Switzerland, Swiss law will apply.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for Consumers in Europe

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

Accessibility

The Owner is committed to making the content accessible to Users with disabilities. If Users have a disability and are unable to access any portion of www.womendigitalwealth.com due to their disability, they should give a notice including a detailed description of the issue encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques, the Owner commits to promptly address it.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of www.womendigitalwealth.com or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document. The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document. The Owner will process the complaint without undue delay and within 2 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts. As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.

Digital Wealth Academy

Terms of Purchase

Last Modified: April 2, 2024

1. PARTIES.

In consideration of being permitted to use, access and resell the Digital Wealth Academy online course (the “Product”), and the value you will gain by using, accessing and reselling the Product, you hereby agree to these Terms of Purchase. These Terms of Purchase are entered into between you (hereinafter “you” or “Licensee”) and THE DIGITAL WEALTH ACADEMY LLC, a Florida limited liability company (hereinafter “Company”, “Licensor”, “we” or “us”). You and the Company are collectively referred to herein as the “Parties”.

2. ACCEPTANCE OF TERMS OF PURCHASE.

The following Terms of Purchase (“Terms”) govern your use of, access to and reselling of the Product. These Terms are legally binding and it is your responsibility to read them before you begin to use, access, or resell the Product. Your act of purchasing, using, or distributing the Product, whether directly from Company or from an authorized licensee, constitutes your acceptance of these Terms, including any modifications or updates that Company may make to these Terms from time to time. Any such modifications or updates will be effective immediately upon notice to you, which may be given by any reasonable means including via email or through an update posted on a website provided by Company.

3. TERM.

These Terms shall be effective on the date of purchase of the Product by Licensee and shall continue in full force until terminated as provided herein. Upon termination or expiration of the term, all rights granted to the Licensee under these Terms, including the right to resell the Product, shall immediately cease and the Licensee shall immediately cease all use, promotion, and sales of the Product. Termination or expiration of these Terms shall not affect any rights or obligations that: (a) are meant to survive termination (including but not limited to indemnification and limitations of liability); and/or (b) have accrued prior to such termination.

4. PAYMENT.

In full consideration of Company’s performance, obligations and the rights granted herein, Licensee agrees to either: (1) pay in full in the amount of $497.00 at the time of registration; or (2) pay in 3 monthly installments in the amount of $165.00 per installment, with the first installment paid at the time of registration. Licensee may choose to finance payments through third party companies After Pay or Klarna. All payments made by Licensee to Company are non-refundable. If Licensee elects to pay in monthly installments, payment shall be automatically collected by Company on a monthly basis. If Licensee elects to pay in monthly installments, Licensee may not terminate or cancel any future payment obligations. If Licensee elects to pay in monthly installments, Licensee hereby authorizes Company to maintain Licensee’s account and payment information and charge that account automatically in accordance with these Terms. Due to the nature and immediate access to the Product, if Licensee discontinues use of the Product, Licensee hereby agrees to remain responsible for all outstanding payments for the remainder of the Term. Payment will be collected by Company via Credit Card and through the Company’s website. Licensee hereby gives Company authorization to charge its credit/debit card on file for any outstanding fees. Payment failure will result in termination of the license granted herein effective immediately. Licensee agrees and warrants that all payment instruments, credit cards and related information, i.e. billing address, used in connection with Licensee’s purchase of the Product are correct and that Licensee is authorized to use such payment instrument.

5. LATE FEES.

If Company does not receive payment from Licensee within fourteen (14) calendar days of any payment date, then Licensee will be charged a late fee of 1.5% of the outstanding amount per each day that Company does not receive payment.

6. CHARGEBACKS.

Licensee to make every attempt to file for a refund prior to attempting a chargeback with a financial institution. Licensee will remain responsible for amounts due pursuant to these Terms in the event Licensee disputes payment with a financial institution. In the event of a chargeback attempt, Licensee expressly agrees to forfeit any and all intellectual property licenses and/or deliverables afforded to Licensee in exchange for purchase of the Product. Company reserves the right to present proof of purchase and these Terms to the financial institution investigating the dispute.

7. PRODUCT LICENSE.

By purchasing the Product, and only after the Product purchase price is paid in full unless otherwise provided herein, Licensee is granted a non-exclusive license to resell the Product to others with Master Resell Rights. Master Resell Rights allow those the right to resell and redistribute a certain product while retaining the profit from sales. This license does not include any rights to the use or incorporation of the Company’s videos within the online course. This license extends only to the files and text which are included in the Product. If Licensee desires to incorporate videos with its online course, Licensee must incorporate its own videos. Subsequent to Company’s receipt of full payment from Licensee for the Product in the amount of $497.00 or if Licensee opts to make monthly payments to Company through third party companies After Pay or Klarna, Licensee may sell the Product as many times as desired and retain the profits. Licensee is not permitted to modify or alter the product in any way, shape or form unless expressly provided herein. Licensee is permitted to brand its own sales process and claim ownership over such sales process. Licensee is not permitted to use Company’s branding or intellectual property for any purpose. Licensee may transfer the rights to resell the Product if and only if the Product is sold for the minimum price of $497.00.

8. INTELLECTUAL PROPERTY.

All copyrights, patents, trademarks, trade secrets, and other intellectual property rights in the Product are and shall remain the sole and exclusive property of Company/ Licensor. Licensee is granted a non-exclusive, nontransferable, revocable right to resell the Product in accordance with these Terms. These Terms do not convey to the Licensee any rights of ownership in or related to the Product, or any intellectual property rights owned by the Company. The Licensee shall not attempt to register, or assist others in registering, any trademark, copyright, or other intellectual property that is substantially similar to the Company's. In the event the Licensee becomes aware of any potential infringement of the Company's intellectual property rights, the Licensee must promptly notify the Company in writing.

9. LICENSE RESTRICTIONS.

Licensee shall not modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise tamper with the Product with the exception of filming and incorporating Licensee’s own videos. Notwithstanding the foregoing, these restrictions include but are not limited to the following: (1) Selling portions of the Product; (2) Renaming the Product; (3) Changing material within the Product; (4) Changing the creator of the Product. Licensee shall not claim ownership of the Product copyright. Licensee shall not impersonate the Company in any way including Company’s business, brand’s name, content, other products, and other intellectual property.

10. RESELLING RESTRICTIONS.

Licensee may resell the Product to end users without transferring the Master Resell Rights. Reselling to other resellers is permitted. If reselling the Master Resell Rights of this Product, the Licensee agrees to include these Terms with the product and to ensure that all customers adhere to these Terms. Failure to adhere to these Terms will result in the revocation of the Licensee’s resell rights, termination of Licensee’s license under these Terms, and Company will pursue legal action for damages caused by the misuse of this Product. Licensee is not permitted to give away the Product for free, or as part of a free bundle; however, Licensee may include additional content or opportunities with the Product so long as those opportunities do not conflict with the Product or the Product’s content.

11. MARKETING RESTRICTIONS.

Any marketing or promotional activities conducted by the Licensee must accurately reflect the Product's purpose and capabilities. Marketing of the Product under false pretenses, misrepresentation, or any form of deceptive practice is strictly prohibited and constitutes a material breach of these Terms. Licensee shall bear all responsibility and liability for any false, misleading, or inaccurate representations made in relation to the Product. Company does not endorse or permit the use of income claims for the purpose of marketing the Product unless there is an express and written earnings disclaimer prominently featured with such marketing materials. Licensee agrees to indemnify Company from any damages sought from the Licensee that are a direct result from advertising income claims. Licensee agrees that they are responsible for their own business and that Company is not a part of nor endorses the actions of their business entity. On one single occasion per month, Licensee is permitted to offer a promotion of a $50.00 gift card to their customers. Licensee is not permitted to offer a promotion of a gift card in any other circumstances unless expressly provided herein and may not offer a promotion of a gift card for any amount that exceeds $50.00.

12. PAYMENT PLATFORMS.

Licensee acknowledges and agrees to use third-party payment platforms ("Payment Platform") for the sale and distribution of the Product. Licensee agrees to comply with all terms, conditions, policies, and guidelines of the Payment Platform and to conduct all transactions in compliance with all applicable laws and regulations. Licensee shall indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, arising from or relating to the Licensee’s use of the Payment Platform, including but not limited to the Licensee’s non-compliance with the Payment Platform's terms, conditions, policies, guidelines, or any applicable laws or regulations. Company is not responsible or liable for any aspect of the Payment Platform, including but not limited to, the availability, accuracy, reliability, or legality of the Payment Platform. Company makes no representations, warranties, or guarantees regarding the Payment Platform. Licensee acknowledges and agrees that any dispute or claim arising out of or in connection with the Payment Platform is between the Licensee and the Payment Platform, and Company shall have no liability or obligation in connection therewith.

13. MINIMUM SALE PRICE.

Licensee agrees that the minimum sale price for the Produc shall be $497.00 ("Minimum Sale Price"). Any discounts, promotions, or other pricing strategies employed by the Licensee must maintain the sale price at or above the Minimum Sale Price. In no event shall the Licensee offer or apply any discounts or promotions that would result in the sale price of the Product falling below the Minimum Sale Price. Licensee acknowledges and agrees that failure to adhere to the Minimum Sale Price may result in immediate termination of these Terms and Licensee’s license, at Company’s sole discretion, in addition to any other remedies available to Company under law or equity. Licensee is permitted to offer gifts or bonuses as part of the promotion of the Product, provided that these offerings do not function as a discount on the Product's sale price. Licensee acknowledges and agrees that any gift or bonus offered must be separate from and not linked to a reduction in the sale price of the Product below the Minimum Sale Price. On one single occasion per month, Licensee is permitted to offer a promotion of a $50 gift card to their customers.

14. AGREEMENT MODIFICATION.

Licensee acknowledges and agrees that these Terms constitute the complete and exclusive statement of the agreement between the Licensee and Company, and that it supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of these Terms. Licensee is not permitted to modify or amend these Terms in any manner without the express written consent of Company. Any such unauthorized modification or amendment will be null and void. Licensee agrees not to enter into any other contract or agreement that would supersede, alter, or conflict with these Terms. Any such contract or agreement will be null and void to the extent that it conflicts with these Terms. Licensee acknowledges and agrees that it is their sole responsibility to review these Terms periodically to familiarize themselves with any modifications. Continued use of the Product after any such modifications constitutes the Licensee's agreement to such changes.

15. REFUND POLICY.

Licensee acknowledges and agrees that due to the nature of the Product being eligible for download, all sales of the Product are final and non-refundable. Licensee must clearly communicate this return policy to their customers prior to the sale of the Product, ensuring that customers understand that they are purchasing a nonrefundable product. Failure to comply with this return policy or any misrepresentation of it to customers may result in immediate termination of these Terms, at the sole discretion of Company, in addition to any other remedies available to Company under law or equity.

16. CONFIDENTIAL INFORMATION.

Licensee acknowledges that they may have access to confidential and proprietary information ("Confidential Information") of Company. Confidential Information includes but is not limited to customer lists, business plans, financial data, marketing plans, product specifications, and other proprietary knowledge related to the Product or Company. Licensee agrees that they will not disclose, disseminate, or make available any Confidential Information received from Company, directly or indirectly, to any third party without the prior written consent of Company. Licensee further agrees to take all reasonable precautions to prevent any unauthorized use, disclosure, dissemination, or publication of Confidential Information, including ensuring that any employees, contractors, or other agents who have access to Confidential Information sign a non-disclosure agreement.

17. AUDIT RIGHTS.

Company reserves the right to audit, at its sole discretion and at any reasonable time, the Licensee's books, records, and operations related to the use, sale, and distribution of the Product to ensure compliance with these Terms. Company reserves the right to inspect and approve the Product before it is made available to the public.

18. INDEMNIFICATION.

Licensee agrees to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party"), against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any right to indemnification under these Terms, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related but not limited to: (a) any breach or non-fulfillment of any representation, warranty, or covenant contained in these Terms, or any other agreement contemplated hereby, by the Licensee; (b) any use or misuse of the Product by the Licensee or any third party gaining access to the Product through the Licensee; or (c) any infringement of intellectual property rights arising from the Licensee's unauthorized use or modification of the Product.

19. LIMITATION OF LIABILITY.

To the maximum extent permitted by applicable law, in no event shall Company, ist affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Product. Under no circumstances will the Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Product or the information contained therein beyond $497.00, the purchase price of the Product. To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from the Licensee's access to and use of the Product; (c) unauthorized access to or use of Company's secure servers and/or any and all personal information stored therein; (d) interruption or cessation of transmission to or from the Product; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Product by any third party; (f) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Product; and/or (g) user content or the defamatory, offensive, or illegal conduct of any third party.

20. REVOCATION OF LICENSE.

Licensee acknowledges and agrees that any violation of these Terms, including but not limited to the unauthorized sale, distribution, modification, or use of the Product, will result in the immediate revocation of the license granted herein. Upon revocation of the license, the Licensee shall immediately cease all use, sale, distribution, and promotion of the Product and all associated materials. The Licensee shall also remove the Product from any and all platforms where it may be available, including but not limited to websites, membership sites, and online stores. Licensee understands and agrees that revocation of the license does not absolve the Licensee of any obligations under these Terms, including but not limited to the obligation to maintain the Minimum Sale Price and to refrain from offering the Product as a bonus or selling it on auction sites. Upon revocation of the license, Company reserves the right to pursue any and all legal remedies available under law or equity.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES.

Use of the Product, sending emails to Company, and completing online forms constitute electronic communications. Licensee consents to receiving electronic communications, and Licensee agrees that all agreements, notices, disclosures, and other communications provided to Licensee electronically by Company, via email and on the Product, satisfy any legal requirement that such communication be in writing. LICENSEE HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF THE TRANSACTIONS INITIATED OR COMPLETED BY COMPANY OR VIA THE PRODUCT. Licensee hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or others laws in any jurisdiction which require an original signature or delivery or retention of nonelectronic records, or to payments or the granting of credits by any means other than electronic means.

22. FORCE MAJEURE.

If either Party hereto is unable to perform any of its obligations, with the exception of payment, by reason of fire or other casualty, strike, act or order of public authority, global pandemic, administrative order by governmental authority, act of God, or other cause beyond the control of such Party (hereinafter, a “Force Majeure Event”), then such Party shall be excused from such performance during the pendency of such cause. COVID-19 and any related governmental orders or shutdowns are known phenomena and not Force Majeure events. The Party suffering a Force Majeure Event shall give written notice within five (5) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.

23. PRIVACY.

Licensee agrees that all information provided to Company to purchase the Product, including, but not limited to, through the use of any interactive features on the Company’s website, is governed by Company’s Privacy Policy, and Licensee consents to all actions takenb by Company with respect to Licensee’s information consistent with Company’s Privacy Policy.

24. WARRANTIES DISCLAIMER.

Licensee’s use and resale of the Product is at Licensee’s own risk and is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

25. EARNINGS DISCLAIMER.

While Company may reference certain results, outcomes or situations in connection with the Product, Licensee understands and acknowledges that Company makes no guarantee as to the accuracy of third-party statements made or the likelihood of success as a result of these statements. Licensee understands that individual results and outcomes will vary. Company cannot guarantee Licensee’s success merely by Licensee’s use and resale of the Product. Any results provided in connection with the Product are not guaranteed or typical.

26. TECHNOLOGY DISCLAIMER.

Company makes reasonable efforts to provide Licensee with modern, reliable technology. However, in the event of a technological failure, Licensee accepts and acknowledges Company’s lack of responsibility for said failure. Company cannot guarantee that all information provided in connection with the Product is completely accurate, complete or up to date, and disclaim liability for any such errors or omissions.

27. WARRANTIES AND REPRESENTATIONS.

Parties represent and warrant to each other that each is free to enter into and agree to these Terms and that this engagement does not violate the terms of any agreement between either Party and any third party. The Parties represent and warrant to each other that each is at least 18 years of age at the time of agreement to these Terms.

28. ASSUMPTION OF RISK.

By using and reselling the Product, whether paid or unpaid, Licensee assumes the risk of such access and any subsequent actions that Licensee chooses to take as a result of the informational or educational materials provided to Licensee.

29. WAIVER.

The failure by Company to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit Company’s right to enforce such provision at a later time. All waivers by Company must be in writing to be effective.

30. LIMITATION ON TIME TO FILE CLAIMS.

Any cause of action or claim Licensee may have arising out of or relating to these Terms of Purchase or the Product must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.

31. SEVERABILITY.

If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect.

32. NOTICES.

All notices, claims, and demands made upon Company under these Terms must be in writing and addressed to Company at the email address set forth below. A notice by a Party is effective only if the Party giving the Notice has complied with the requirements of this Section.

Notice to Company: The Digital Wealth Academy LLC

Attention: Rachell Jova

Rachell@digitalwealthacademy.biz

33. GOVERNING LAW.

These Terms shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.

34. MEDIATION.

In the event a dispute shall arise between the Parties that is related to or arises out of these Terms, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in Hollywood, Florida or remotely via Zoom. The Parties agree to cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. For a mediation, the parties will agree to use commercially reasonable efforts to begin the mediation within 15 business days of the selection of the mediator and to conclude the mediation with 30 days of the start of the mediation. The costs of the mediation will be equally split between the Parties. If the Parties fail to agree at the completion of the mediation, the requesting part may commence legal proceedings to resolve the dispute.

35. JURISDICTION AND VENUE.

If the Parties cannot resolve any dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or agree to any settlement proposed by the mediator, either party may file suit in a court of competent jurisdiction in the state or federal courts of Florida and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

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