Terms and Conditions for the Online Sale of Goods and Services
Last Updated Date: April 11, 2023
This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
These terms require the use of arbitration to resolve disputes, rather than jury trials.
By placing an order for products or services from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions.
You may not order or obtain products or services from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with P46 Enterprises LLC, or (c) are prohibited from accessing or using this website or any of this website’s contents, goods or services by applicable law.
Section 1: Overview
These terms and conditions (these “Terms“) apply to the purchase and sale of products and services through jacquesanderson.com, including booking a course or a Human Design reading (the “Website“). These Terms are subject to change by P46 Enterprises, LLC (referred to as “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Website. You should review these Terms prior to purchasing any product or services that are available through the Website. Your continued use of the Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy, which also applies to your use of the Website, found at https://jacquesanderson/privacy-policy, before placing an order for products or services through the Website.
The Website is made available free of charge.
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website, for business and operational reasons.
We will try to give you reasonable notice of any suspension or withdrawal.
You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
Section 2: Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Section 3: Bookings and Changing your mind
If you book an online course: in most circumstances, the course will be available for you to view by you online via your user account as soon as we accept your order. If there is a delay by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay but we are not liable for any such delay.
If you book a reading: you will receive an email confirmation with the contact details for your reading.
Cancellation of a reading: if you wish to cancel a reading you may do so and receive a refund up to 24 hours before the reading. If you cancel a reading within 24 hours of your reading (or fail to attend) you will not be entitled to a refund. Please contact help@jacquesanderson.com for assistance.
Changing the time/date of a reading: you may reschedule a reading up to 24 hours before the scheduled reading appointment. Please contact email help@jacquesanderson.com for assistance.
If there is a problem with your order: if you have any questions or complaints about your purchase, please contact us at help@jacquesanderson.com. We will endeavor to rectify any problem within our control.
Section 4: Prices and Payment Terms
Prices posted on the Website may be different than prices offered by us on affiliate Website. All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
The following terms may be used by us to communicate pricing information:
“Total Value” references the value of everything included in a package.
“Your Investment” references the price for a product or service.
“Limited Time Offer” or “Current Price” references our current price for a product or service.
“Coupon Code”, “Promotion” or “Referral Code” refers to a code to access a reduced price for a product or service.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept all major credit cards or PayPal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices regardless of the amount quoted on the Website at the time of your order.
Section 5: No Returns or Refunds
Due to the nature of the products and services provided, and the electronic transmission of the same, you hereby agree and acknowledge that all sales are final and non-returnable. You agree and acknowledge that your purchase of any product or service is non-refundable under any circumstances.
Section 6: Disclaimer of Warranties
ALL PRODUCTS AND SERVICES OFFERED ON THE Website ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Section 7: Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR Website.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law.
Section 8: Intellectual Property Rights
You will be infringing our rights if you use any marks or trademarks included on the Website without our written consent in the form of a trade mark license.
We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
In relation to your chart, you own the personal information you give to us but we own the chart itself and all its intellectual property. You may print off one copy of your chart but you may not use the chart for any activity other than your own reference.
In relation to any course that you purchase, in consideration of the purchase price we grant you a non-exclusive license, non-transferable right to view the course on our site as many times as you like, and subject to our rights to terminate your account or remove your content as set out in these terms, will be available as long as the site is available. You are not permitted to transfer the course to any other website or to your own devices or in any manner copy, modify, edit the video or share or distribute the course with any other person.
You must not modify the paper copies of any materials you have printed off and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy, use or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Section 9: For Personal Use Only
You acknowledge that any and all products or services purchased and downloaded are for personal use only. You shall not copy, reproduce, transmit, or modify, edit, create derivative works from, alter, sell, or share with others any products or services purchased and/or downloaded from our Website, without prior written consent. P46 Enterprises, LLC grants you a limited, personal, non-exclusive and non-transferable license to use the products or services for your personal use only.
The content on the Website is provided as general information about Human Design. We are not healthcare professionals and the content of our site is not intended to amount to advice on health or other matters on which you should rely. If you are influenced by the content on the Website, you acknowledge that any decisions that you make are your own and Jacques Anderson has no responsibility for such decisions or the outcome of them.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
Section 10: Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
Section 11: Third Party Websites
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those websites or resources.
Section 12: Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Section 13: Governing Law and Jurisdiction
The Website is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.
Section 14: Dispute Resolution and Binding Arbitration
YOU AND P46 ENTERPRISES LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE Website, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Section 15: Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
Section 16: No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of P46 Enterprises LLC.
Section 17: No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Section 18: Notices
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by email transmission to jacques@jacquesanderson.com. We may update the email address for notices to us by posting a notice on the Website. Notices provided by email transmission will be effective one business day after they are sent.
Section 19: Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Section 20: Entire Agreement
These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
