Last Updated On: December 22, 2023
Thank you for your support and interest in the Designed by Harj Template Shop!
Please review these Terms of Purchase very carefully. By purchasing our products and/or services, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These terms are binding as of the date you purchase or access our products and/or services.
These Terms are between you (“Customer,” “you,” “your”) and Harjit Gill (“Company,” “we,” “us,” “our”) for the purpose of purchasing or otherwise obtaining digital products and/or services (our “Products”) whether through the Company’s website at www.designedbyharj.com or any related domains or subdomains (the “Website”), or in person. The Company and the Customer will collectively be referred to as “Parties”, and each individually as a “Party”.
Understand that by clicking the payment button, entering your credit card and/or debit card information, making a cash, PayPal or Stripe payment, or otherwise enrolling, electronically, verbally, otherwise subscribing through the Website, you are agreeing to adhere to and be bound by the following terms and conditions, together with the Terms of Use, and our Privacy Policy, all of which are hereby incorporated by reference ( the "Terms"):
SCOPE OF PRODUCTS
1.1 Our Products include but are not limited to: website templates and digital downloadable products.
PRODUCT DELIVERY
2.1 When you make a purchase and submit your payment, you will be provided with the Products as detailed on the Website and/or as you selected prior to purchase. Please note that Product delivery will differ based on when you make your purchase and if it is a digital or physical Product. For more information, please refer to the product description. If the Product is listed as presale or pre-order, the order will be delivered as detailed on the Website. The Company will make all reasonable efforts to meet any estimated delivery dates. Should the Company be unable to meet estimated timelines for delivery of presale Products, the Company will have the sole discretion as to whether to issue a refund.
PAYMENT AND BILLING
3.1 By providing the Company with your preferred payment method, you represent that you: are authorized to use, and authorize the Company to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”).
3.2 Fees are as listed on our Website and in CAD dollars. We reserve the right to change our Fees at any time and without notice.
3.3 Company will not be held accountable or liable to pay any foreign fees or additional fees that are outside Company’s control, including but not limited to foreign transaction fees charged by Customer’s bank, exchange rates, and VAT or local taxes.
REFUND POLICY
No Refunds
4.1 Due to the nature of delivery, there are no refunds of any kind, for any and all Products sold on or through this Website. All sales of this type are complete and final, and you waive any and all claims in connection with the refund policies herein. If for any reason the Product does not come to you the way you had hoped, you can email our Customer support team info@designedbyharj.com and we can help you!
CHARGEBACKS
5.1 The Customer shall not threaten or make any chargebacks to the Company’s account, cancel the credit card that is provided as security or issue an Unauthorized Transaction claim with a third-party such as PayPal without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Customer to Company for the Products, by any means necessary within the parameters of the law. The Customer shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, the Company reserves the right to report the incident to credit reporting agencies as a delinquent account.
5.2 In the event of a chargeback or payment cancellation, the Company reserves the right to present proof of your access to the Products and your acceptance of these Terms to any third party investigating the dispute.
5.3 By initiating any chargeback dispute, you expressly agree to forfeit and delete any and all Products, bonuses, affiliate bonuses, or other materials or resources provided to you.
PROMOTIONS AND DISCOUNTS
6.1 We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (the “Promotions”) to potential Customers. You are entitled to take advantage of any active Promotions when you purchase our Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products prior to any associated Promotions, we are unable to honor the new offer, give you store credit, return a portion of your purchase, etc.
LICENSE FOR USE
7.1 By purchasing Products through our Website, you are agreeing to the Terms of Purchase, and in return, we are providing you with a limited, non-transferable, non-exclusive, revocable license for non-commercial use only (the “License”).
7.2 You are permitted to modify, copy, edit, print, and otherwise adapt this Product for use for yourself and/or your business as long as you agree to adhere to all British Columbia and federal laws and intellectual property terms contained in these Terms. You are not permitted to reproduce, give away, publish, sell, or distribute this Product in any way, whether publicly or privately. You agree to modify the Products only in a manner consistent with these Terms of Purchase.
7.3 You agree and understand that this Product is licensed to you as a single-use item, intended for incorporation into one distinct design project only. If you wish to use the Product in multiple design projects, you are required to purchase a separate license for each individual use.
INTELLECTUAL PROPERTY
8.1 The Company owns and retains all rights, titles, and interests in and to the Products. Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and we reserve all rights not expressly granted to you. Permission to alter or modify the Products in a way that is consistent with the Terms of Purchase does not grant you intellectual property ownership or the right to modify the Products beyond these conditions, and in no way expands the limited license provided upon purchase.
8.2 If it is determined that you have breached this limited License, this will be considered infringement of our Intellectual Property rights and we specifically reserve the right to invoice you for any licenses you have sent to others, seek damages, an injunction, and/or any such other available legal remedy in our sole discretion.
8.3 We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.
CONSENT TO USE TESTIMONIAL SUBMISSIONS
9.1 By submitting reviews, images, comments, testimonials, or tags (the “Submissions”) to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, and any other platform not expressed in these Terms.
AGE LIMITATIONS
10.1 You acknowledge you are able to perform any and all of the obligations required under these Terms. By submitting payment or otherwise enrolling through the Website, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products.
MODIFICATION AND CHANGES
11.1 We reserve the right to update and revise these Terms of Purchase at any time without notice to you. Your continued use of the Products and Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.
PRIVACY
12.1 We respect your privacy and are committed to protecting it. We may use certain information that we collect from you to operate the Company and provide our Products. Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how we use your Data.
SECURITY
13.1 If at any time you are required to create a username and password to access any Products, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to info@designedbyharj.com
ERROR IN STORE PRESENTATION
14.1 We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors. However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance. The Company reserves the right to discontinue any Product at any time.
14.2 The Company does not warrant that the quality of any Products will meet Customers expectations, or that any errors in the Products will be corrected.
14.3 The Company has made every effort to display as accurately as possible the colours and images of our Products that appear on the Website. The Company cannot guarantee that the Customers computer monitor's display of any colour will be accurate.
14.3 The Company reserves the right, but is not obligated, to limit the sale of Products to any person, geographic region or jurisdiction. The Company may exercise this right on a case-by-case basis.
TERMINATION
15.1 We may terminate your account or restrict your use of the Website at any time for any reason. Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Customer.
DISCLAIMERS
16.1 General Disclaimer - To the fullest extent permitted by law, the Company expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by the you or others in connection with the use of our Website and/or Products, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.
16.2 No Guarantees, Representations, or Warranties - You understand that all services provided by the Company in connection with the Products being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. You are choosing to purchase this Product on a purely voluntary basis and do not hold the Company responsible should you become dissatisfied with any portion of the Product. The Company makes no warranty as to the accuracy and reliability of information set forth in the Products, the Website, and Company-related documentation. You understand and agree that purchasing the Products does not guarantee specific results, including financial or other business gains for you personally and/or for the business. The information included in the Products is provided for informational purposes only and you are responsible for implementing any business practices or suggested actions found within these Products.
16.3 No Guarantees; Testimonial Disclaimer - While the Company may reference certain results, outcomes or situations on the Website and/or Products, you understand and acknowledge that the Company makes no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Website and/or Products. The testimonials, statements and/or opinions presented on our Website and/or Products are the results of the individuals who provided them. Results and/or experiences of each individual may vary. The testimonials used on the Website and/or Products may not represent and do not guarantee the same or similar result or experience of others who use our Website and/or Products. All testimonials provided on our Website and/or Products were voluntarily provided without payment or in exchange for any compensation, including free services and/or Products, unless expressly indicated otherwise.
16.4 Informational Purposes Only - You understand and agree that the content included in any of the Products is merely meant to be informational in nature and does not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, our Company will not be responsible for any damages that result from the use of the Products.
16.5 Earnings Disclaimer - The Company may report earnings and income statements of their own or that of their Customer’s from time to time. These statements are an estimate of what the Customer could possibly earn and should not be considered a guarantee that the Customer will get the same results. There is no guarantee that past earnings can be duplicated in the future. Company cannot guarantee the Customer's future results or success. The use of the information, Products, or services of Company is dependent on Customer’s own actions and Customer agrees that Company, its advertisers, affiliates, or sponsors are not liable for the success or failure of Customer’s business or earnings projections.
LIMITATION OF LIABILITY
17.1 The Company is in no way liable to the Customer or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Customer was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based. This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.
MAXIMUM DAMAGES
18.1 Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.
RELEASE OF CLAIMS
19.1 You agree to release any right to claims against the Company to the maximum extent as permissible under applicable law and agree that under no circumstances will the Company be liable to any party for any type of damages resulting or claiming to result from any use of, or reliance on, our Products, or content found therein. You further release the Company from any and all claims, whether known or unknown, now or discovered in the future.
NO NEGATIVE STATEMENTS OR ACTIONS
20.1 You shall not at any time directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Company in any way. You acknowledge that the Company retains the right to terminate access to any product for any violation of this section and may be entitled to injunctive relief.
DISPUTE RESOLUTION
21.1 In the event of any dispute between the Parties that cannot be resolved by negotiation, the Parties agree to submit to mediation. If the Parties agree to mediation, the mediation will take place in Surrey, British Columbia, Canada with a professional mediator to be selected by the Company. The Parties will split the cost of mediation equally.
21.2 If a dispute between the Parties cannot be resolved informally or through mediation, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator who practices in Surrey, British Columbia, Canada selected jointly by the Parties. Before seeking arbitration, you must contact us in writing, and include all of your reasons for dissatisfaction with the Products and/or Services. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to date. No other actions or financial awards of consequential damages, punitive or aggravated damages, or any other type of damages, may be granted to you. The Parties agree that the decision of the arbitrator is final and binding and may be entered as a judgment in any court of competent jurisdiction in Surrey, British Columbia, Canada. By purchasing our Products, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of purchase of the Product or you waive the right to seek dispute resolution by arbitration or to take any other legal action against us. You also agree that should arbitration take place, it will be held in Surrey, British Columbia, Canada, as this is where our business is located, and you further agree that the winning party shall be entitled to all reasonable lawyer’s fees and all costs necessary to enforce the decision of the arbitrator. In the event of a dispute between the Parties, you agree to not engage in any conduct or communications, whether in public or in private including but not limited to on social media, either directly or indirectly, designed to disparage us, our company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
JURY AND CLASS ACTION WAIVER
22.1 You waive the right to a trial by jury, to participate in a class action, or to seek remedies beyond the extent necessary to provide individualized relief. You agree not to act as a plaintiff or class member in any purported or de facto class or representative proceeding, or as a private attorney general or on behalf of the general public.
GOVERNING LAW
23.1 Any claim relating to the Company, the Website or the Products shall be governed by the laws of Surrey, British Columbia, Canada without regard to its conflict of law provisions.
NOTICES
24.1 We may provide notice to you by: by sending a message to the email address provided by you, or by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting.
24.2 You may provide notice to the Company by: email to info@designedbyharj.com Notices provided by email will be effective at the time of sending.
HEADINGS, SEVERABILITY AND NO WAIVER
25.1 The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.
TRANSFER AND ASSIGNMENT
26.1 You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company.
FORCE MAJEURE
27.1 To the extent that any failure or delay in our delivery of the Products under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.
ENTIRE AGREEMENT AND ALL RIGHTS RESERVED
28.1 In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.
Thank you for your support and interest in the Designed by Harj Template Shop!
Please review these Terms of Purchase very carefully. By purchasing our products and/or services, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These terms are binding as of the date you purchase or access our products and/or services.
These Terms are between you (“Customer,” “you,” “your”) and Harjit Gill (“Company,” “we,” “us,” “our”) for the purpose of purchasing or otherwise obtaining digital products and/or services (our “Products”) whether through the Company’s website at www.designedbyharj.com or any related domains or subdomains (the “Website”), or in person. The Company and the Customer will collectively be referred to as “Parties”, and each individually as a “Party”.
Understand that by clicking the payment button, entering your credit card and/or debit card information, making a cash, PayPal or Stripe payment, or otherwise enrolling, electronically, verbally, otherwise subscribing through the Website, you are agreeing to adhere to and be bound by the following terms and conditions, together with the Terms of Use, and our Privacy Policy, all of which are hereby incorporated by reference ( the "Terms"):
SCOPE OF PRODUCTS
1.1 Our Products include but are not limited to: website templates and digital downloadable products.
PRODUCT DELIVERY
2.1 When you make a purchase and submit your payment, you will be provided with the Products as detailed on the Website and/or as you selected prior to purchase. Please note that Product delivery will differ based on when you make your purchase and if it is a digital or physical Product. For more information, please refer to the product description. If the Product is listed as presale or pre-order, the order will be delivered as detailed on the Website. The Company will make all reasonable efforts to meet any estimated delivery dates. Should the Company be unable to meet estimated timelines for delivery of presale Products, the Company will have the sole discretion as to whether to issue a refund.
PAYMENT AND BILLING
3.1 By providing the Company with your preferred payment method, you represent that you: are authorized to use, and authorize the Company to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”).
3.2 Fees are as listed on our Website and in CAD dollars. We reserve the right to change our Fees at any time and without notice.
3.3 Company will not be held accountable or liable to pay any foreign fees or additional fees that are outside Company’s control, including but not limited to foreign transaction fees charged by Customer’s bank, exchange rates, and VAT or local taxes.
REFUND POLICY
No Refunds
4.1 Due to the nature of delivery, there are no refunds of any kind, for any and all Products sold on or through this Website. All sales of this type are complete and final, and you waive any and all claims in connection with the refund policies herein. If for any reason the Product does not come to you the way you had hoped, you can email our Customer support team info@designedbyharj.com and we can help you!
CHARGEBACKS
5.1 The Customer shall not threaten or make any chargebacks to the Company’s account, cancel the credit card that is provided as security or issue an Unauthorized Transaction claim with a third-party such as PayPal without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Customer to Company for the Products, by any means necessary within the parameters of the law. The Customer shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, the Company reserves the right to report the incident to credit reporting agencies as a delinquent account.
5.2 In the event of a chargeback or payment cancellation, the Company reserves the right to present proof of your access to the Products and your acceptance of these Terms to any third party investigating the dispute.
5.3 By initiating any chargeback dispute, you expressly agree to forfeit and delete any and all Products, bonuses, affiliate bonuses, or other materials or resources provided to you.
PROMOTIONS AND DISCOUNTS
6.1 We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (the “Promotions”) to potential Customers. You are entitled to take advantage of any active Promotions when you purchase our Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products prior to any associated Promotions, we are unable to honor the new offer, give you store credit, return a portion of your purchase, etc.
LICENSE FOR USE
7.1 By purchasing Products through our Website, you are agreeing to the Terms of Purchase, and in return, we are providing you with a limited, non-transferable, non-exclusive, revocable license for non-commercial use only (the “License”).
7.2 You are permitted to modify, copy, edit, print, and otherwise adapt this Product for use for yourself and/or your business as long as you agree to adhere to all British Columbia and federal laws and intellectual property terms contained in these Terms. You are not permitted to reproduce, give away, publish, sell, or distribute this Product in any way, whether publicly or privately. You agree to modify the Products only in a manner consistent with these Terms of Purchase.
7.3 You agree and understand that this Product is licensed to you as a single-use item, intended for incorporation into one distinct design project only. If you wish to use the Product in multiple design projects, you are required to purchase a separate license for each individual use.
INTELLECTUAL PROPERTY
8.1 The Company owns and retains all rights, titles, and interests in and to the Products. Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and we reserve all rights not expressly granted to you. Permission to alter or modify the Products in a way that is consistent with the Terms of Purchase does not grant you intellectual property ownership or the right to modify the Products beyond these conditions, and in no way expands the limited license provided upon purchase.
8.2 If it is determined that you have breached this limited License, this will be considered infringement of our Intellectual Property rights and we specifically reserve the right to invoice you for any licenses you have sent to others, seek damages, an injunction, and/or any such other available legal remedy in our sole discretion.
8.3 We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.
CONSENT TO USE TESTIMONIAL SUBMISSIONS
9.1 By submitting reviews, images, comments, testimonials, or tags (the “Submissions”) to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, and any other platform not expressed in these Terms.
AGE LIMITATIONS
10.1 You acknowledge you are able to perform any and all of the obligations required under these Terms. By submitting payment or otherwise enrolling through the Website, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products.
MODIFICATION AND CHANGES
11.1 We reserve the right to update and revise these Terms of Purchase at any time without notice to you. Your continued use of the Products and Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.
PRIVACY
12.1 We respect your privacy and are committed to protecting it. We may use certain information that we collect from you to operate the Company and provide our Products. Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how we use your Data.
SECURITY
13.1 If at any time you are required to create a username and password to access any Products, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to info@designedbyharj.com
ERROR IN STORE PRESENTATION
14.1 We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors. However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance. The Company reserves the right to discontinue any Product at any time.
14.2 The Company does not warrant that the quality of any Products will meet Customers expectations, or that any errors in the Products will be corrected.
14.3 The Company has made every effort to display as accurately as possible the colours and images of our Products that appear on the Website. The Company cannot guarantee that the Customers computer monitor's display of any colour will be accurate.
14.3 The Company reserves the right, but is not obligated, to limit the sale of Products to any person, geographic region or jurisdiction. The Company may exercise this right on a case-by-case basis.
TERMINATION
15.1 We may terminate your account or restrict your use of the Website at any time for any reason. Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Customer.
DISCLAIMERS
16.1 General Disclaimer - To the fullest extent permitted by law, the Company expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by the you or others in connection with the use of our Website and/or Products, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.
16.2 No Guarantees, Representations, or Warranties - You understand that all services provided by the Company in connection with the Products being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. You are choosing to purchase this Product on a purely voluntary basis and do not hold the Company responsible should you become dissatisfied with any portion of the Product. The Company makes no warranty as to the accuracy and reliability of information set forth in the Products, the Website, and Company-related documentation. You understand and agree that purchasing the Products does not guarantee specific results, including financial or other business gains for you personally and/or for the business. The information included in the Products is provided for informational purposes only and you are responsible for implementing any business practices or suggested actions found within these Products.
16.3 No Guarantees; Testimonial Disclaimer - While the Company may reference certain results, outcomes or situations on the Website and/or Products, you understand and acknowledge that the Company makes no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Website and/or Products. The testimonials, statements and/or opinions presented on our Website and/or Products are the results of the individuals who provided them. Results and/or experiences of each individual may vary. The testimonials used on the Website and/or Products may not represent and do not guarantee the same or similar result or experience of others who use our Website and/or Products. All testimonials provided on our Website and/or Products were voluntarily provided without payment or in exchange for any compensation, including free services and/or Products, unless expressly indicated otherwise.
16.4 Informational Purposes Only - You understand and agree that the content included in any of the Products is merely meant to be informational in nature and does not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, our Company will not be responsible for any damages that result from the use of the Products.
16.5 Earnings Disclaimer - The Company may report earnings and income statements of their own or that of their Customer’s from time to time. These statements are an estimate of what the Customer could possibly earn and should not be considered a guarantee that the Customer will get the same results. There is no guarantee that past earnings can be duplicated in the future. Company cannot guarantee the Customer's future results or success. The use of the information, Products, or services of Company is dependent on Customer’s own actions and Customer agrees that Company, its advertisers, affiliates, or sponsors are not liable for the success or failure of Customer’s business or earnings projections.
LIMITATION OF LIABILITY
17.1 The Company is in no way liable to the Customer or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Customer was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based. This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.
MAXIMUM DAMAGES
18.1 Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.
RELEASE OF CLAIMS
19.1 You agree to release any right to claims against the Company to the maximum extent as permissible under applicable law and agree that under no circumstances will the Company be liable to any party for any type of damages resulting or claiming to result from any use of, or reliance on, our Products, or content found therein. You further release the Company from any and all claims, whether known or unknown, now or discovered in the future.
NO NEGATIVE STATEMENTS OR ACTIONS
20.1 You shall not at any time directly or indirectly take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Company in any way. You acknowledge that the Company retains the right to terminate access to any product for any violation of this section and may be entitled to injunctive relief.
DISPUTE RESOLUTION
21.1 In the event of any dispute between the Parties that cannot be resolved by negotiation, the Parties agree to submit to mediation. If the Parties agree to mediation, the mediation will take place in Surrey, British Columbia, Canada with a professional mediator to be selected by the Company. The Parties will split the cost of mediation equally.
21.2 If a dispute between the Parties cannot be resolved informally or through mediation, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator who practices in Surrey, British Columbia, Canada selected jointly by the Parties. Before seeking arbitration, you must contact us in writing, and include all of your reasons for dissatisfaction with the Products and/or Services. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to date. No other actions or financial awards of consequential damages, punitive or aggravated damages, or any other type of damages, may be granted to you. The Parties agree that the decision of the arbitrator is final and binding and may be entered as a judgment in any court of competent jurisdiction in Surrey, British Columbia, Canada. By purchasing our Products, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of purchase of the Product or you waive the right to seek dispute resolution by arbitration or to take any other legal action against us. You also agree that should arbitration take place, it will be held in Surrey, British Columbia, Canada, as this is where our business is located, and you further agree that the winning party shall be entitled to all reasonable lawyer’s fees and all costs necessary to enforce the decision of the arbitrator. In the event of a dispute between the Parties, you agree to not engage in any conduct or communications, whether in public or in private including but not limited to on social media, either directly or indirectly, designed to disparage us, our company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
JURY AND CLASS ACTION WAIVER
22.1 You waive the right to a trial by jury, to participate in a class action, or to seek remedies beyond the extent necessary to provide individualized relief. You agree not to act as a plaintiff or class member in any purported or de facto class or representative proceeding, or as a private attorney general or on behalf of the general public.
GOVERNING LAW
23.1 Any claim relating to the Company, the Website or the Products shall be governed by the laws of Surrey, British Columbia, Canada without regard to its conflict of law provisions.
NOTICES
24.1 We may provide notice to you by: by sending a message to the email address provided by you, or by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting.
24.2 You may provide notice to the Company by: email to info@designedbyharj.com Notices provided by email will be effective at the time of sending.
HEADINGS, SEVERABILITY AND NO WAIVER
25.1 The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.
TRANSFER AND ASSIGNMENT
26.1 You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company.
FORCE MAJEURE
27.1 To the extent that any failure or delay in our delivery of the Products under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.
ENTIRE AGREEMENT AND ALL RIGHTS RESERVED
28.1 In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.
