Terms and conditions

Welcome to OasiPausa! The terms “we”, “us” and “our” refer to OasiPausa. OasiPausa operates this website and digital store, including the information, content, features, tools and digital products offered (for example the ebook “Menopause Without Fear”, its worksheets and audio content), in order to provide you, the customer, with a suitable purchasing and access experience (the “Services”). The store is supported by Shopify, which enables us to provide you with the Services.

The terms and conditions below, together with any policies referenced within them (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully, as they include important information about your legal rights and cover areas such as the delivery of digital products, the right of cancellation/withdrawal, warranty limitations and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms or to the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms you confirm that you are of legal age in the country where you reside.

To use the Services, including purchasing the digital products we offer, you may need to provide certain information such as your email address and billing and payment details. You represent and warrant that all information you provide is correct, current and complete, and that you hold all rights necessary to provide it.

Because our products are digital and access to purchased content may be provided through the link and/or download area associated with your order, protecting the credentials and access links related to your order is your responsibility. You must not transfer, sell, assign or share access to the purchased content with others.

SECTION 2 – OUR PRODUCTS

Our products are digital products (for example ebooks in PDF format, printable worksheets and audio content). We have made every effort to present our products accurately in our online store. However, the appearance of the content (layout, colors, rendering of images) may vary depending on the device, the software (PDF reader, audio app) and the settings you use to view or listen to it.

We cannot guarantee that the appearance or rendering of the products will meet your expectations in every detail or be identical to the previews and mockups published in the store, which are for illustrative purposes only.

All product descriptions are subject to change at any time, without notice and at our discretion. We reserve the right to suspend or withdraw any product at any time.

SECTION 3 – ORDERS

When you place an order you are making an offer to purchase. OasiPausa reserves the right to accept or reject your order at its discretion for any reason. Your order is not confirmed until OasiPausa confirms its acceptance. We must receive and process payment before accepting an order.

As these are digital products with immediate or near-immediate delivery, we encourage you to review your order carefully before submitting it. Your purchases are eligible for a refund solely in accordance with our Refund Policy and Section 5-bis (Right of cancellation/withdrawal) below. If an order is rejected, modified or cancelled, we will notify you using the email you provided when submitting the order.

You represent and warrant that you are purchasing for personal use and not for resale, redistribution or commercial exploitation of the content.

SECTION 4 – PRICES AND BILLING

Prices, discounts and offers are subject to change without notice. The price charged will be the price in effect at the time your order is submitted, and you will be able to view it in your order confirmation email. Unless otherwise specified, published prices are stated in the currency shown at the time of purchase and may or may not include applicable taxes depending on your country, as indicated at checkout.

Prices may vary by country and currency. From time to time we may run offers affecting prices, subject to terms independent of these Terms. In the event of a conflict, the terms of the offer will prevail.

For all purchases you agree to provide correct, current and complete purchase and payment information, and to update it as necessary. You represent and warrant that (i) the payment details you provide are true, correct and complete; (ii) you are authorized to use the payment method; (iii) you will pay the charges at the published prices, including any applicable taxes.

SECTION 5 – DIGITAL DELIVERY AND ACCESS TO CONTENT

Our products are digital: no physical shipment is involved. After payment is confirmed you will receive access to the purchased content via a download link and/or the email associated with your order, normally immediately or within a few minutes.

It is your responsibility to provide a correct and working email address and to also check your spam/junk folder. If you do not receive access to the content, please contact us at the address in Section 24.

To use the products you need suitable devices and software (for example a PDF reader and a device capable of playing audio files). We are not responsible for any inability to access the content caused by unsuitable or non-functioning hardware, software, connection or settings on your side.

Download links may have a limited duration or a maximum number of accesses for security reasons. If you need to recover content you have already purchased, please contact us.

SECTION 5-bis – RIGHT OF CANCELLATION / WITHDRAWAL (DIGITAL CONTENT)

Depending on your country of residence, you may have a statutory right to cancel an online purchase within a set period without giving a reason (for example, 14 days in the European Union and the United Kingdom, or 7 days in Brazil). The existence and length of any such right is determined by the law of your country of residence; in some countries (for example, generally, the United States and Japan) no statutory cancellation right applies to this type of purchase, and this Section does not create one.

Where such a right applies to you, please note that for digital content supplied in a non-tangible form (such as downloadable ebooks, worksheets and audio), this right is lost once delivery/download has begun, provided that you have:

1.          expressly consented to the immediate start of delivery of the digital content before the cancellation period expired; and

2.          acknowledged that you therefore lose your right to cancel.

At the time of purchase you will be asked to give this consent (for example via a checkbox at checkout). By giving this consent and accessing/downloading the content, you acknowledge that you waive your right of cancellation.

This is without prejudice to any voluntary refund policy we may offer, described in our Refund Policy, which may provide more favorable conditions than the legal minimum.

SECTION 6 – INTELLECTUAL PROPERTY AND LICENSE TO USE

Our Services and the content of the digital products — including, without limitation, text, illustrations, images, graphics, covers, audio content, worksheets, trademarks and logos, as well as their design, selection and arrangement — are owned by OasiPausa or its licensors and are protected by Dutch, European and international copyright and intellectual property laws.

With your purchase you are granted a personal, limited, non-exclusive, non-transferable and non-sublicensable license to use the purchased content for strictly personal and non-commercial purposes.

In particular, except with our written consent, you may not: reproduce, copy, distribute, resell, share, publish, upload to platforms or networks, transmit, lend, rent, assign or otherwise make available to third parties the purchased content, in whole or in part; remove or alter copyright notices or identifying marks; or use the content for commercial, paid-training or resale purposes.

The OasiPausa names, logos, product names, designs and slogans are trademarks and distinctive signs of OasiPausa. You must not use them without our written authorization. The Shopify name and logo are trademarks of Shopify. All other trademarks appearing in the Services belong to their respective owners. All rights not expressly granted are reserved to OasiPausa.

SECTION 7 – OPTIONAL THIRD-PARTY TOOLS AND SERVICES

The Services may integrate tools, features or services provided by third parties (for example payment systems, hosting, file distribution, email) that we do not control. Such tools are provided “as is” and “as available”, without warranties on our part. Your use of such tools is at your own risk and is subject to the terms of the relevant providers. We may offer new features in the future, which will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for reviewing or evaluating their content, and we are not responsible for any problems or damages related to accessing such sites or purchasing products or services there. We encourage you to read the policies of third parties before entering into any transaction. Any complaints relating to third-party products and services should be addressed to those third parties.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

OasiPausa operates on the Shopify platform, which enables us to provide you with the Services. However, the sales and purchases you make in our store are made directly with OasiPausa. By using the Services you agree that Shopify is not responsible for any aspect of the sales between you and OasiPausa. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or relating to purchases made with OasiPausa.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, and certain personal data may be subject to Shopify’s Privacy Policy. By using the Services you confirm that you have read these policies. The data you submit to the Services may be transmitted to and shared with Shopify and with third parties that support us, including in countries other than your own, in compliance with applicable law.

SECTION 11 – FEEDBACK AND REVIEWS

When you submit ideas, suggestions, feedback, reviews or other content (“Feedback”), you grant us a continuing, worldwide, transferable and royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback through any medium and for any purpose, including the commercial and promotional purposes of the Services.

You confirm and agree that: (i) you own all necessary rights to the Feedback; (ii) you have disclosed any incentive received for submitting it; (iii) your Feedback complies with these Terms and does not infringe third-party rights or contain unlawful, offensive, obscene content or malware. We are not obliged to keep Feedback confidential, to pay for it or to respond to it, and we may monitor, edit or remove it at our discretion. The accuracy of the Feedback is your sole responsibility.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Information relating to the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, offers and availability. We reserve the right to correct such errors and to change or update information or cancel orders in the event of an error, at any time and without prior notice (even after an order has been submitted).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not, directly or indirectly: (a) use them for illegal or malicious purposes; (b) violate applicable laws or regulations; (c) infringe our intellectual property rights or those of others, including by redistributing or sharing the purchased content; (d) harass, abuse or defame others; (e) transmit false or misleading information; (f) transmit unsolicited advertising material, spam or similar solicitations; (g) impersonate another person or entity; (h) upload viruses or malicious code; (i) collect or track the personal data of others; (j) engage in scraping, crawling or circumventing the security features of the Services. We reserve the right to suspend or terminate your access to the Services if we believe you have breached these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or discontinue your access to the Services at our discretion and without notice; you will remain responsible for all amounts due up to the date of termination. Termination does not affect the personal-use license to content you have already lawfully purchased. The sections Intellectual Property and License to Use, Feedback, Termination, Limitation of Warranty, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law and Privacy will survive termination.

SECTION 15 – LIMITATION OF WARRANTY

The information presented in the Services (including the content of the products, for example guidance on wellness, nutrition, movement and managing menopause) is for general informational and educational purposes only and does not constitute medical, healthcare, psychological or professional advice of any kind, nor a substitute for the advice of a doctor or qualified professional. We encourage you to consult a healthcare professional before making any significant change. You rely on this information at your own risk.

Except as expressly stated, and without prejudice to the non-waivable rights granted to consumers by law, the Services and products are provided “as is” and “as available”, without express or implied warranties. We do not warrant that use of the Services will be uninterrupted or error-free. Some jurisdictions do not allow the exclusion of certain warranties; in that case the exclusions apply to the extent permitted by law.

SECTION 16 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, OasiPausa and its partners, contributors, service providers and licensors (as well as Shopify and its affiliates) shall not be liable for any indirect, incidental, special or consequential damages, including loss of profits, loss of data or other similar damages, arising out of the use of the Services or products. Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including the non-waivable rights granted to consumers.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless OasiPausa, Shopify and our affiliates, contributors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising from: (1) your breach of these Terms; (2) your violation of laws or third-party rights; (3) your access to and use of the Services.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be applied to the maximum extent permitted or deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to exercise a right or provision of these Terms does not constitute a waiver of that right or provision. These Terms and any policy published in connection with the Services constitute the entire agreement between us and you and supersede any prior agreement or communication.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer or assign this agreement or your rights and obligations without our written consent; any attempt to do so will be void. We may transfer or assign these Terms and our rights and obligations without your consent.

SECTION 21 – GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of the Netherlands (Dutch law), where OasiPausa is established. If you are a consumer, you continue to benefit from any mandatory consumer-protection rights granted to you by the law of your country of residence, which are not overridden by this choice of law. Where the applicable law allows, any dispute will be subject to the courts of [insert the competent court in the Netherlands], without prejudice to the right of consumers to bring proceedings in the courts of their place of residence or domicile where local law so provides.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and do not limit or affect its content.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE

You may review the current version of the Terms at any time on this page. We reserve the right to update, modify or replace any part of these Terms by posting updates on our website. It is your responsibility to check periodically for changes. Your continued use of the Services after changes constitutes acceptance of those changes.

SECTION 24 – CONTACT

Questions about these Terms of Service should be sent to oasipausa@gmail.com.