A community focused on heart connection, light activation, and sacred gatherings.
Copyright © 2024
Coração de Cacau
Coração de Cacau
Last updated April 1, 2024
We are Coração de Cacau.
We run the website http://www.coracaodecacau.com, as well as any other related products and services that refer or link to these legal terms.
We are a community focused on heart connection, light activation, and sacred gatherings.
This platform serves as a digital portal for users to learn about and engage with the various aspects of Coração de Cacau, including events, retreats, with the possibility of signing-up directly, and the sacred use of cacao, with the possibility of buying for personal use.
You can contact us by email at info@coracaodecacau.com.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Coração de Cacau, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to bebound by all of these Legal Terms. If you do not agree with all of these legal terms, then you are expressly prohibited from using the services and you must discontinue use immediately.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PRODUCTS
5. PURCHASES AND PAYMENT
6. RETURN POLICY
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENCE
10. THIRD-PARTY WEBSITES AND CONTENT
11. SERVICES MANAGEMENT
12. PRIVACY POLICY
13. TERM AND TERMINATION
14. MODIFICATIONS AND INTERRUPTIONS
15. GOVERNING LAW
16. DISPUTE RESOLUTION
17. CORRECTIONS
18. DISCLAIMER
19. LIABILITY
20. INDEMNIFICATION
21. USER DATA
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
23. MISCELLANEOUS
24. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws,if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property / Content rights in our Services, including all source code, databases,functionality, software, website designs, audio, video, text, photographs, and graphics in the Services, as well as the Marks: trademarks, service marks, and logos contained therein. Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.
Your use of our Services
Solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, orotherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks otherthan as set out in this section or elsewhere in our Legal Terms, please address your request to: info@coracaodecacau.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) you have the legal capacity and you agree to comply with these Legal Terms;
(2) you are not a minor in the jurisdiction in which you reside;
(3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
(4) you will not use the Services for any illegal or unauthorised purpose;
(5) your use of the Services will not violate any applicable law or regulation.
4. PRODUCTS
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available onthe Services. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- PayPal
- Revolut
We may change prices at any time. All payments shall be in Euros.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
Event orders
All orders are done by submitting a form. You agree to wait for us to contact back with more details. Payment methods are available on the form but we will remind you via WhatsApp. Proof of payment must be sent back via the same platform to confirm your ticket. If there are more adults with you, you should tell us their name. If there are any children with you up to 14 years old, they don’t pay, and we needto know their age.
Shop orders
We are only accepting orders within Europe for now.
All orders are done to our e-mail info@coracaodecacau.com with complete name, address, contact, name and quantity of the product(s), shipping method preferred. If there is any maximum date you expect to have your product(s), please say so. You agree to wait for us to contact back with availability. Payment and shipping methods are available on our page “How to order” but we will remind you via e-mail if necessary. Proof of payment must be sent back to our e-mail to proceed with shipping.
We reserve the right to refuse any order placed. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method,and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
6. RETURN POLICY
Event orders
One day event
Refund of 100% of the full ticket price until 1 week before the gathering.Within 1 week we will not refund the ticket price.
Four day event
Refund of 50% of the full ticket price until 50 days before the gathering/retreat. Within 50 days we will not refund the ticket price.
In case of illness or other personal issue, it will be given a voucher for another future event. You can always sell or gift your ticket.
Shop orders
Refunds are not possible after the shipping is successfully done.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
8. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display,transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to Contributions such as: text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material. Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy.
When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENCE
You and Services agree that we may access, store, process, and use anyinformation and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against usregarding your Contributions.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ('Third-Party Websites') as well as articles, photographs,text, graphics, pictures, designs, music, sound, video, information,applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Content are not investigated, monitored, orchecked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or Content. Inclusion of, linking to, or permitting the use or installation ofany Third-Party Websites or Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-PartyContent, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or Websites.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
(1) Monitor the Services for violations of these Legal Terms;
(2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms;
(3) In our sole discretion and without limitation, refuse, restrict access to, limit the availability or disable (technologically feasible) any of your Contributions or any portion thereof;
(4) Manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: http://www.coracaodecacau.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Portugal. If you access the Services from anyother region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Portugal, then through your continued use of the Services, you are transferring your data to Portugal, and you expressly consent to have your data transferred to and processed in Portugal.
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these legal terms,we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services, to any person forany reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these legal terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue allor part of the Services without notice at any time. We will not beliable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time orfor any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will beconstrued to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection there with.
15. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of Portugal, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence. Coração de Cacau and yourself both agree to submit to the non-exclusive jurisdiction of a Portuguese court, which means that you may make aclaim to defend your consumer protection rights in regards to these Legal Terms in Portugal, or in the EU country in which you reside.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms brought by either you or us, the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be in Portugal. The language of the proceedings shall be Portuguese/English. Applicable rules of substantive law shall be the law of Portugal.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:
(a) No arbitration shall be joined with any other proceeding;
(b) There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures;
(c) There is no right or authority for any Dispute to be brought in apurported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration any:
(a) Disputes seeking to enforce or protect, orconcerning the validity of, any of the intellectual property rightsof a Party;
(b) Dispute related to, or arising from, allegationsof theft, piracy, invasion of privacy, or unauthorised use;
(c) Claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrateany Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
17. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing,availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
18. DISCLAIMER
The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, expressed or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or mobile applications linked to the Services and wewill assume no liability or responsibility for any:
(1) Errors, mistakes, or inaccuracies of content and materials;
(2) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services;
(3) Unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(4) Interruption or cessation of transmission to or from the Services;
(5) Bugs, viruses, trojan horses, or the like which maybe be transmitted to or through the Services by any Third Party;
(6) Errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any Product or Service advertised or offered by a Third Party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any Third-Party providers of Products or Services. As with the purchase of a Product or Service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
19. LIABILITY
Event Liability
(1) You represent and warrant that you are in good physical health andnot suffer from any medical condition which would limit your participation in the activities offered by us.
(2) You acknowledge that is your responsibility to consult with a physician prior to your participation in any of the activities offered by us.
(3) You hereby waive and release the venue owner and us, along all facilitators, from any claim, demand, cause of action of any kind resulting from or related to your participation in activities offered by us, including those connected to being on the premises.
(4) You acknowledge that you are fully responsible for any and all risks,injuries, or damages, known and unknown, which may occur as a result of your participation in the activities conducted at the premises.
By participating in the activities offered by us, you affirm that you have read the above release and waiver of liability, fully understandits content, and are legally competent to agree to what is stated above voluntarily.
Shop Liability
Expiration dates and information on all Products are provided, and by agreeing to these terms and conditions, you acknowledge and accept responsibility for being aware of them.
Limitations of Liability
In no event will we or our partners be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue,loss of data, or other damages arising from your use of the Services,even if we have been advised of the possibility of such damages. Not with standing anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the one month period prior to any cause of action arising. Certain International Laws do not allow limitation on implied warranties or the exclusion or the limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our partners, from and against any loss, damage, liability, claim, ordemand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) Use of the Services;
(2) Breach of these Legal Terms;
(3) Any breach of your representations and warranties set forth in these Legal Terms;
(4) Your violation of the rights of a third party, including but not limited to intellectual property rights;
(5) Any overt harmful act toward any other user of the Services with whom you connected via the Services.
Not with standing the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to youfor any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, orother laws in any jurisdiction which require a delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
23. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties here to execute these Legal Terms.
24. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at info@coracaodecacau.com.