Terms and Conditions
Happy Healthy WFH
Please carefully read these Terms and Conditions before using this Website and Services.
1. General
This document describes the Terms and Conditions applicable to your access to and use of our Website and Services, including our online courses and community services, as well as the other products described herein or on our Website.
These Terms and Conditions should be understood as a binding agreement between you and us.
The Website: https://www.happyhealthywfh.com and its Services are owned and operated by Silke Holguin-Butters (hereinafter referred to as “Happy Healthy WFH” and/or “We” and/or “Us”).
For the purposes of this document, "You" and/or "User” and/or "Users" means any individual who can access and register on this Website, and subscribe to our Membership Plan and use our Products and Services.
Happy Healthy WFH, including this Website and all its Products and Services, belong to Silke Holguin-Butters and are protected by all Copyrights and Intellectual Property Rights under the applicable laws and all international copyright treaties.
Please read the definitions applicable to this document in Section 40 set out below. Also carefully read our Privacy Policy, which constitutes an integral part of these Terms and Conditions.
By accessing, registering, subscribing to our Membership Plan and/or using this Website and its Products and Services, you are expressly accepting and electronically providing your consent to all the Terms and Conditions under this document, and acknowledge that you must comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, you must not use our Products and Services and leave this Website immediately.
2. Our Information
Our details are as follows:
- Business name: Happy Healthy WFH.
- Owner: Silke Holguin-Butters.
- Address: 1275 4th St #5037, Santa Rosa, CA 95404, United States
- Website: https://www.happyhealthywfh.com.
- Email: [email protected].
3. Eligibility
The use of this Website and Services is strictly available to persons who can enter into legally binding contracts under applicable law, as may be locally and/or internationally prescribed.
Only individuals who are above the legal age as prescribed by applicable laws, are eligible to use this Website and Services.
Individuals who are below legal age as prescribed by applicable laws (“minors”), and/or individuals who are legally restricted from entering into binding contracts under law, are not eligible to use this Website and our Services.
By accessing, registering, subscribing to our Membership Plan and/or using this Website and its Products and Services you represent and warrant that you hold the legal age of majority, and hold full legal capacity to use this Website and our Products and Services in your jurisdiction.
4. Services
Happy Healthy WFH is a website aimed at all those people who work from home and want to learn how to use and improve their habits while working so they may keep a healthier and happier lifestyle while increasing their productivity.
Happy Healthy WFH offers a line of Services, including online courses ("Courses") through membership plan ("Membership Plan" and/or “Membership”), providing materials and content available through which you can learn to implement healthy habits while working from home, keeping a happy lifestyle while staying productive.
Happy Healthy WFH also offers access to an online community in which Users may interact and communicate with one another, sharing their experiences of working from home and how to apply healthier habits in their jobs.
To access and use our Services, including our Courses and materials ("Products") Users must subscribe to our Membership Plan which can be easily paid for through our Website.
Happy Healthy WFH plan also includes a Checklist and a Free E-Book that can be used on the Website, as well as a Free 14-Day Trial of the Course.
5. User Account
If you wish to use our Services you must first register with us to create your account on the Website ("User Account" and/or "Account") and subscribe to the Membership Plan. During the registration process, we will ask you to provide us with the following information:
● Full Name.
● Last Name.
● Email.
● Address.
● City.
● Country.
● Payment Method.
You represent and warrant that all information provided by you during the sign-up process and thereafter is accurate, true and correct.
We do not allow illegal and/or hateful text, images, symbols, or other Illegal Content in your profile, username or bio.
By registering on our Website and using our Products and Services, you represent and warrant that you are not violating any law or regulation.
You will be exclusively responsible for maintaining the confidentiality of your User Account and password and for restricting its access to any third party.
You must be responsible for all activities carried out under your User Account login and the use of your password.
You agree to immediately notify Happy Healthy WFH if any unauthorized use of your password or User Account occurs, as any other breach of security, and ensure to logout from your User Account at the end of each session.
Happy Healthy WFH will take all commercially reasonable measures to protect your information against accidental or unlawful destruction, loss, unauthorized access, including measures to encrypt such information.
6. Membership Plan
Happy Healthy WFH offers Users a monthly, quarterly or annually Membership Plan (“Membership Plan” and/or “Membership”) which can easily be paid through our authorized payment methods in our Website. Billing will be processed through Stripe Payments Platform (https://stripe.com). The fees of our Membership Plan are available on our Website.
This is a Membership Website and payments will process automatically on the schedule you selected at the time of purchase (monthly, quarterly or annually). Please note that all Trials will last for the stated period and will automatically renew.
Happy Healthy WFH reserves the right to modify, from time to time, at its sole discretion, the Membership Plan referred above, as applicable fees for the use of our Products and Services. If there are any such changes on Membership Plan fees, this may be timely notified to you.
All payment details entered through our Website are encrypted by us. Communications to and from the Stripe Platform are also encrypted.
Happy Healthy WFH does not provide any User’s payment information to any third-party companies or individuals unless required by law or court order.
The Payment Method used by you must be legitimate, valid and accurate, and you must only use a Payment Method legally owned by you. Happy Healthy WFH will not be liable for any Payment Method fraud resulting from inaccurate, incorrect, or unlawful information provided by you. Any liability arising from fraudulent acts to the Payment Method used by you, as any responsibility to prove otherwise shall be exclusively on you
After the payment has been duly made by you, Happy Healthy WFH will confirm that payment has been received, by sending a confirmation message notifying the Membership Plan subscription to the email address provided by you during the registering process on our Website.
By subscribing to our Membership Plan, you represent and agree to the following:
a) You understand that this Website, as the Services and Products offered by Happy Healthy WFH are based on a subscription plan and you will be billed according to the plan you have purchased (monthly, quarterly or annually); and
b) You understand that you will be billed each period, according to the Membership Plan purchased by you (monthly, quarterly or annually) and that billing dates may be different each month depending on whether it's a holiday or non-business day.
You expressly accept that Happy Healthy WFH may temporarily suspend or cancel your Membership Plan, in case you do not pay for the renewal of its subscription. You may opt for a Membership Plan reactivation by immediately paying the amount of the renewal.
7. Cancellation Policy
You may cancel your Membership Plan at any time before your subscription renews by completing the Cancellation Form on our Website at least 48 hours prior to the payment processing date.
Cancellations near major holidays are excluded from the 48-hour period referred to above. You must cancel between 3 and 5 days prior to any major holiday. Holidays include, but are not limited to, Christmas Eve, Christmas Day, New Year's Eve, New Year's Day, Epiphany (including the day before and the weekend after), Bank Holidays and all public holidays recognized in Spain.
You agree and acknowledge that it is your sole responsibility to request cancellation of your Membership Plan prior to the next billing date.
If you do not submit your cancellation request through the Cancellation Form on our Website, you will be billed and charged for your relevant Membership Plan according to the schedule selected by you at the time of subscription (annual, quarterly or monthly).
Unless we communicate otherwise, following any cancellation, you will continue to have access to our Website, including our Products and Services, through the end of your current Membership subscription cycle.
Please note that if you cancel your Membership, you will lose access to all Courses, Products and Services available to our Users on our Website.
We cannot guarantee your cancellation request will be processed in time if it occurs within 48 hours of 12:00am EST on the relevant billing date. Please note that the billing process is automated, but the cancellation process must be handled manually.
Cancellations will be effective upon the end of the Membership relevant billing period (annual, quarterly or monthly, as applicable) following the cancellation request. From that date you will not be unable to log in to our Website. If you did not submit your cancellation request in time and the current payment period has already been processed, we will not issue a refund for the current period or cancel your Membership until the next billing cycle.
We strongly recommend that you carefully read and review these Terms and Conditions and the information displayed on our Website about our Products and Services, and contact us with any questions if you have any concerns, to ensure that our Website and Membership Plan, as well as our Products and Services, are suitable for you, before making any payment.
Please keep in mind, that if you cancel your Membership Plan and then decide to rejoin us by re-enrolling a Membership at a later time, you will be charged the membership fee in effect at the time of your new Membership Plan enrollment, and not the fee of the previous Membership, regardless of any special offers or discounts you have received in the past.
8. Refund Policy
We have a Non-Refund Policy for our Membership Plan, Courses, Trials and others Products and Services available on our Website since they are electronic products that cannot be returned to us and to which you will have immediate access. For this reason, all payments you make when subscribing to our Membership Plan and/or purchasing any of our Products and/or Services are final and non-refundable.
In the event that you cancel our Membership Plan as set forth in Section 7 above, such cancellation will apply to the next subscription period and we will not provide any refund.
You hereby expressly accept and acknowledge that our Membership Plan, including all our Courses, Trials and any Product and/or Service available on our Website, are non-refundable, unless otherwise notified by us.
You are solely responsible for reviewing and becoming familiar with all relevant details about our Membership Plan, as well as our Courses, Trials and any other Product and/or Service offered by us, before purchasing them on our Website.
By subscribing to our Membership Plan or purchasing any of our Products on our Website and/or using any of our Services, you expressly state that you have carefully read and fully agree to this Section 8, including any other provision to these Terms and Conditions.
9. Website Use and Restrictions
The use of this Website, including all our Products and Services are subject to the following rules and restrictions:
9.1. You may use this Website, and/or our Products and Services for personal use only in accordance with these Terms and Conditions.
9.2. You must not use this Website and/or our Products and Services for any harmful, illegal, or nefarious purpose.
9.3. You must not use this Website, and/or our Products and Services in violation of any applicable laws and/or regulations.
9.4. You must not misrepresent your identity, age, or any other personal information.
9.5. You must provide us with true, accurate and current information as requested by us to provide you with our Products and Services.
9.6. You must not provide us with false, misleading, fraudulent, unlawful, and/or prohibited information; and/or information which you do not own, and/or which belongs to any third party.
9.7. You must not disclose personal, sensitive, private and/or proprietary information to which you do not hold the right to disclose.
9.8. You must not harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any other User and/or individual through our forums, bulletin boards, chat rooms, or any other Users’ interactive areas available on our Website, or in any other way.
9.9. You must be courteous and respectful to other Users of this Website and to our employees, representatives and/or agents. If we believe that your behavior towards any other User or our employees, representatives and/or agents is at any time threatening or offensive, we reserve the right to immediately terminate your Membership Plan and User Account.
9.10. You must not use or attempt to use the Website and/or our Products and/or Services, to:
a) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the use of the Website and/or Products and/or Services.
b) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”.
c) Impersonate any person or entity or otherwise misrepresent its affiliation with a person or entity.
d) Collect or store personal data without the knowledge and express consent of the data subject.
e) Access any information and/or data not intended for you, or log into an Account that you are not authorized to access into.
f) Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other Users or disseminate another individual’s personal information without his or her permission.
g) Damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to the Website and/or with our Products and/or Services or any property, devices, software, services, networks or data connected to, or inter-operating with the Website and/or with our Products and/or Services, or to any Website Content or data stored, accessed or delivered through the Website and/or our Products and Services, by any means, including by hacking, phishing, spoofing or seeking to circumvent or defeat any firewalls, or other information security protections or controls of whatever nature.
h) Defeat or circumvent, attempt to defeat, or authorize or assist any third party in defeating or circumventing controls on the use of any of our Products and Services.
i) Interfere with, disrupt or negatively affect this Website, the servers, or our Services’ networks.
j) Upload viruses or other malicious code or otherwise compromise the security of our Website and its Products and Services.
9.11. You must not copy or reproduce this Website and/or our Products or Services in any manner of any kind and must not use and/or allow:
a) Reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract or any portion of the Website and its Products and Services, including any related malware signatures and malware detection routines;
b) Change, modify or otherwise alter the Website and/or its Products and Services;
c) Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, data mining, scraping email harvesting or using any process or processes that send automated queries to this Website;
d) Compile and/or collect any data, personal information, products or services listings, and/or email addresses for any purpose, including for sending any unsolicited commercial email; and/or
e) Provide or build a website, platform, mobile application and/or product or service that competes with Happy Healthy WFH.
9.12. You expressly accept and acknowledge that the use of this Website and our Products and Services, including all its Courses and Products, are at the sole discretion of Happy Healthy WFH. We may suspend and/or cancel your Membership Plan and User Account and terminate your use of this Website, and all our Products and Services at any time, for any reason, without refund.
10. Interactive Area Rules
10.1. The Website may contain forums, bulletin boards, chat rooms, or any other Users’ interactive areas that allow you to interact and communicate with other Users. Therefore, you expressly accept and acknowledge that you must not use the Website and/or the Services to:
a) Contact other Users to obtain and/or provide products, resources and/or services and/or employments, contracting or other purposes not related to the use of this Website and our Products and Services as set forth herein;
b) Publish or upload content for which you have not obtained the rights or permissions necessary to use it accordingly;
c) Upload or sent files that contain software or other material that violates intellectual property rights (or rights of privacy or publicity) of other Users and/or third parties;
d) Download files published by other Users when the User has or reasonably should have knowledge that they cannot be legally distributed through this Website;
e) Upload, download, share, display, sent, copy and/or store any Illegal Content as described in Section 12 below; and/or
f) Execute any actions for any purpose, or intended to violate any local, state, national or international legislation.
10.2. You acknowledge that you will enter and participate in our forum, bulletin board, chat room, or any other user interactive area to our website, and gain access to the materials contained thereon, at your own risk.
10.3. We do not guarantee to monitor or screen communications on our forum, bulletin board, chat room, or any other user interactive area of our Website and we are not responsible for any Content and/or material shared, posted and/or sent by any User on our Website. In the event that we are notified by any User that any Content and/or communication contained and/or shared and/or posted in our Website is of Illegal Content or contrary to these Terms and Conditions, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such Content or communication from our Website. We have no liability or responsibility to investigate or remove any content from our Website based upon a complaint or otherwise.
10.4. We do not make any representations or warranties as to the truth or accuracy of any statement made, materials and/or Content shared, sent and/or posted on or through our forum, bulletin board, chat room, or any other Users' interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our forum, bulletin board, chat room, or any other user interactive area of our Website.
10.5. We do not endorse or lend any credence for any statements that are made by any User in our forum, bulletin board, chat room, or any other Users' interactive area of our Website. Any opinions or views expressed by our forum, bulletin board, chat room, or any other Users' interactive area of our Website by any of our Users is the sole responsibility of the User author of said opinion or view. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
10.6. You hereby acknowledge that you are fully responsible for your own statements, materials and Content the you share, send and/or post in our forum, bulletin board, chat room, or any other Users' interactive area of our Website and any consequences, whether or not foreseen, to any party who may rely upon these statements, materials and/or Content. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials, statements and/or Content.
10.7. By accepting these Terms and Conditions you agree that we may remove any User Content and/or material from our forum, bulletin board, chat room, or any other Users' interactive area and/or any other area of our Website, for any reason, in our sole discretion, or for no reason at all. This includes any Illegal Content (as described in Section 12 below). You hold us harmless from and against any damage you or others may suffer as a result of our removal of any User Content and/or material from our Website or from the discontinuance of our forum, bulletin board, chat room, or any other Users' interactive area of our Website at any time.
10.8. We have the right to remove, suspend, or disqualify any User from access, participation and use to our forum, bulletin board, chat room, or any other Users' interactive area of our Website for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of these Terms and Conditions, abusive or disruptive behavior, complaints from other Users, any allegedly illegal activity, or for any other reason or for no reason at all.
10.9. We reserve the right to terminate our forum, bulletin board, chat room, or any other Users' interactive area of our Website at any time and your and all our Users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
10.10. You expressly accept and acknowledge that in the event that you breach any of the rules and restrictions set forth in this Section 10, including any other provision set out in these Terms and Conditions, we may, at any time, cancel your access to and the use of our Website and Services, including your Membership Plan and User Account. Furthermore, we may additionally file proceedings against you, further to any other legal remedies available under applicable law.
11. User Content
This Website allows you to share, post, display and/or sent to other Users messages, texts, images, photos, information or any other content (collectively “User Content” and/or “Content”) under the following conditions:
11.1. Any Content you share publicly on the Website will be considered non-confidential and non-proprietary.
11.2. By sharing, displaying, publishing, submitting or making the Content referred on this Section 11 publicly available on the Website to other Users, through our forum, bulletin board, chat room, or any other Users’ interactive area, you grant Happy Healthy WFH a perpetual, irrevocable, worldwide, royalty free and non-exclusive license to reproduce, publish, use, view, copy, adapt, translate, create derivative works based upon, create translations of, modify, amend, enhance, change, distribute, license, sell, transfer, perform, transmit, access, view, display and publicly perform in any form or media, whether now known or later discovered and otherwise exploit such Content in any way in connection with our Website and Services.
11.3. You agree that the license of use referred in Clause 11.2 above, includes a right for Happy Healthy WFH to make the Content referred in this Section available to other companies, organizations or individuals with whom Happy Healthy WFH has relationships for the provision of services (“Authorized Third Parties”), to use and have Happy Healthy WFH Authorized Third Parties use such Content in connection with the provision of those Services. You understand that Happy Healthy WFH or the Authorized Third Parties may transmit or distribute the aforementioned Content over various public networks and in various media. Further, you understand that the technical processing and transmission of the Services, including the Content referred in this Section, may be transferred unencrypted and involve transmissions over various networks. You agree that this license shall permit Happy Healthy WFH and Authorized Third Parties to take these actions.
11.4. You represent and warrant that: a) you own and control all of the rights, permissions, and authorizations to the Content referred in this Section that you share or you otherwise have the right to share such Content to the Website, and grant any rights you grant therein; b) such Content is accurate and not misleading; and (c) the use and sharing of such Content as contemplated by these Terms and Conditions does not violate this agreement or any applicable law, rule or regulation and will not infringe or violate any rights of, or cause injury to, any person or entity.
11.5. You also grant to others User who access the forum, bulletin board, chat room or any other Users' interactive area of our Website a perpetual, non-revocable, royalty free license to view, download, store and reproduce your Content but such license is limited to the personal use and enjoyment of said Content by such Users in connection with our Website and Services.
11.6. Please note that all Content posted by you on our Website may be seen by other Users without any prior moderation by Happy Healthy WFH, but such Content should strictly meet with the rules and restrictions set forth in this Section 11 and in Section 12 below.
11.7. Happy Healthy WFH reserves the right to remove or disable access, at any time and without prior notice, to any Illegal Content published by any User on our Website.
12. Illegal Content
12.1. You must not share, post, upload, submit, display and/or otherwise make available on this Website any content and/or material ("Illegal Content") that:
a) Is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
b) Is defamatory, libelous, obscene, pornographic, vulgar or offensive;
c) Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
d) Is violent or threatening or promotes violence or actions that are threatening to any other person or animal;
e) Promotes illegal or harmful activities or substances;
f) Promotes information about illegal activities and/or that implies and/or is related to drug trafficking, and/or money laundering and/or with any person or organization designated as a terrorist or terrorist organization by the government of any country or by any international organization;
g) Infringes the intellectual property rights or other rights of any third party;
h) Promotes gambling or betting;
i) Promotes illegal sexual services;
j) Disclose or publish copies of private communications between private individuals without the explicit consent of all parties to the communication, including but not limited to: a) private or obscure personal information but also the aggregation of publicly available information to target, shame, blackmail, harass, intimidate, threaten, or endangered; and/or b) sensitive or confidential information such as credit card numbers, social security numbers or any non-public information; and/or c) intimate or explicit images taken or posted without the subject’s express consent;
k) Is illegally copied or duplicated;
l) Contains third-party advertising and/or promotes services in not accordance with the services offered by Happy Healthy WFH through this Website; and/or
m) Violates these Terms and Conditions and/or our Privacy Policy and/or any applicable local, national or international law or regulation.
12.2. You expressly agree that Happy Healthy WFH may, without prior notice, delete any Illegal Content and/or remove or disable access to any Illegal Content that Happy Healthy WFH finds to be in violation of applicable law, these Terms and Conditions, or that otherwise may be harmful or objectionable to Happy Healthy WFH and/or its Users and/or third parties.
12.3. You expressly acknowledge and accept that you are responsible for any Content and/or Illegal Content posted by you on this Website.
13. Report of Illegal Content or Abusive User
If you consider that any other User has shared, published, displayed, sent and/or otherwise made available any message or Content and/or any form of communication on the Website that you may consider inappropriate and/or abusive and/or illegal in any way towards you ("Illegal Content"), and/or that such User has engaged in harassing and/or abusive conduct towards you ("Abusive User"), please report us such Illegal Content and/or Abusive User through our Support Section on the Website.
After you submit your report to us, you will receive a response to your email confirming that we have received the report. You will receive our resolution on your report in your email within 24-48 hours. whether there are reasonable grounds to remove the reported alleged Illegal Content and/or Abusive User from our website.
14. Website Content
The Website and all its information, materials and contents are intended solely for the personal, non-commercial use of you and may only be used in accordance with these Terms and Conditions.
All information, materials and contents displayed, embedded or performed on the Website, including, but not limited to any text, graphic, photo, image, illustration, video, audio, recording, and all forum posts, topics, replies, posts, among others (collectively referred to herein as "Web Site Content"), belong to Silke Holguin-Butters (as set forth in Section 16 below) and/or its partners and/or services providers, and are protected by copyright and other intellectual property laws.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Website Content accessed through the Website and Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Website Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of I Silke Holguin-Butters and/or the relevant owner, and (ii) in any way that that infringes any rights of Silke Holguin-Butters and/or any third party.
15. Copyright Infringement Notice
If you believe that any content or works owned or created by you have been copied by us or any other User and/or third party on our Website in a way that constitutes copyright infringement please notify us by sending an email to: [email protected], or by sending postal mail to us at the address listed in Section 39 below, with the following information:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) A description of the copyrighted work that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on the Website;
d) Your address, telephone number, and e-mail address;
e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f) A detailed description of the alleged infringement, including the factual and legal basis for your ownership claim; and
g) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
16. Ownership Rights
Each and every intellectual property right and copyright held by Happy Healthy WFH in relation to the Website and Services, including all its Courses and Products as well as Website Content (as described in Section 14 above) and Training Materials (as described in Section 20 below), as well as all the inventions; ideas; patents; trademarks; trade name; logos; business secrets; domain names; and know-how, among others, that currently exist and/or that have existed in the past and/or that may exist in the future with respect to Happy Healthy WFH and/or the Website and its Products and Services ("Intellectual Property"), are the exclusive property of, and belong solely to Silke Holguin-Butters. Likewise, you accept that all moral and patrimonial rights to Intellectual Property and any derivatives therefrom, belong solely and exclusively to Silke Holguin-Butters.
You must not reproduce and/or disclose and/or use in your own benefit or for the benefit of any third parties, in its original or translated form, or in any other way, whether directly or indirectly, any Intellectual Property or any derivatives belonging to Silke Holguin-Butters.
You accept and acknowledge that all content and/or information and/or material embedded and/or displayed and/or included on this Website is and shall continue to be the property of Silke Holguin-Butters and/o or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of this Website is prohibited without express permission by Silke Holguin-Butters. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.
You accept that the use of the Website and/or its Services, including our Courses and Products, are exclusively limited to the provisions established in these Terms and Conditions, and that you have no right to claim any right or interest of any kind on this Website and/or our Services and/or Courses and/or Products and/or any Intellectual Property belonging to Silke Holguin-Butters, and/or any other right associated or arising from such Intellectual Property.
You agree not to use and/or copy any information, content and/or material from our Website without our permission. Any requests to use and/or copy our content should be submitted to us by email to: [email protected].
17. License Use
Happy Healthy WFH grants you a limited, temporary, revocable, non-exclusive license during the term of the Membership Plan subscribed by you, including its renewals, for the use of the Website and Services, including our Courses, Products and the Website Content, for your own personal use and not for publishment or distribution purposes, assignment, sublicensement, sale, preparation of derivative works, nor other use, and provided that you accept these Terms and Conditions (“License of Use”).
You agree the License of Use or permission granted herein is provided on a temporary basis and may be withdrawn by Happy Healthy WFH at any time. All rights not expressly granted herein are reserved.
18. “Shelf Life” of our Products
The digital Products offered by Happy Healthy WFH have a shelf life of no more than 12 months. Meaning that if you purchase any of such Products from us, you should expect these links, documents, manuals, eBooks, articles, videos, software and other digital information or productivity items to be live, accessible and usable for a period of no more than 12 months following your purchase.
This “Shelf Life” does not apply to our Membership Plan. Our Membership Plan will remain active, accessible, and usable for an ongoing basis as you remain current with your Membership dues. Failure to pay your membership dues may result in termination of your User Account and a loss of any/all data stored or entered therein. You may be required to rejoin at higher rates. Old content will be removed from time to time from membership areas and discontinued.
19. Promotions
Happy Healthy WFH's promotions may include a conditional guarantee. This guarantee is subject to change and must be posted on our Website at the time of purchase. Conditions may include proof that the User gave his or her best effort to take action on each Course, participated in our online community on a regular basis during the trial, and made every effort to succeed. Failure to prove these items will void any promotional guarantees. We will never offer an unconditional guarantee.
20. Coaching Program
The terms, conditions, rights, and responsibilities set forth in this Section apply to offline and online in-person training and coaching programs offered by Happy Healthy WFH.
This Section 20 will be understood as an individual agreement ("Agreement") between Silke Holguin-Butters (“Happy Healthy WFH”) and the individual who purchases our training program (“Student”), and shall be governed by the following clauses:
20.1. Student represents to Happy Healthy WFH that Student is authorized to enter into this Agreement and Student’s signature on the first page of a copy of this Agreement signifies acceptance of all terms and conditions set forth herein.
20.2. Training. Subject to the terms of this Agreement, Happy Healthy WFH will provide the training to the Student in accordance with the product purchased (the “Training”).
20.3. Ownership of Materials. Student agrees that any and all materials displayed or distributed in accordance with the Training, or provided to Student or which Student may have access to in conjunction with the Training and this Agreement, including without limitation: class handouts, teaching materials, presentations, audio and video material or stills from audiovisual material, software, graphics, slides, drawings, pictures, characters, animations, text, and data, and all intellectual property rights therein (including, without limitation, copyrights and trademarks) (collectively the “Training Materials”) are the sole and exclusive property of Happy Healthy WFH or its licensors.
20.4. Limited License. In accordance with the Training, Happy Healthy WFH grants the Student a limited, revocable, non-exclusive, non-sublicensable license (the “License”) to view, access and use the Training Materials. Except for the License, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to the Student any intellectual property rights or any other right, title or interest in or to the Training Materials. Happy Healthy WFH may suspend or terminate the License at any time and in its sole discretion, with or without notice, in the event Student breaches this Agreement.
20.5. Representations, Warranties and Covenants. Student represents, warrants and covenants that: (a) Student is at least the age of majority under the laws applicable in Student's country or place of residence and has the right and capacity to accept this Agreement; (b) Student will not disrupt, disturb, or otherwise unduly interfere with the conduct of the Training and will not cause any damage to any part of the venue (including outside areas, and all inside walls, flooring, fixtures and fittings); (c) Student will not, directly or indirectly, distribute, make available, publish, display, perform, or create derivative works from the Training Materials or any portion thereof in any way, form or manner, electronic or otherwise, which includes forwarding or commercially exploiting any of the Training Materials; (d) Student will not copy or cause to be copied or reproduced in any way, form, or manner, electronic or otherwise, any of the Training Materials or any portion thereof; (e) Student will use the Training Materials or any portion thereof for Student’s own personal educational purposes; (f) Student will keep Student’s personal belongings with Student at all times and Happy Healthy WFH accepts no liability for any damage to, loss of or theft of any of Student’s belongings or other items brought to the Training by Student; and (g) Student will not record by audio, video, photograph or any other means any portion of the Training.
20.6. Safety and Security. Student acknowledges that Student and Student’s property may be subject to a reasonable search upon entry to the Training. If Student refuses to participate in these security measures, Happy Healthy WFH may deny Student entry. Happy Healthy WFH also reserves the right to ask the Student to leave the Training (online or offline) if Student’s behavior causes Happy Healthy WFH concern for the safety or security of other Training attendees, if any. If Happy Healthy WFH denies Student entry or requires Student to leave, Student will not receive a refund.
20.7. Recordings. Student grants Happy Healthy WFH, its owners, partners, affiliates, and its services providers the right to record, film, photograph, and capture Student’s voice and image in any media at the Training (collectively, the “Recordings”). Student grants Happy Healthy WFH and its owners, partners, affiliates, agents, employees, and assigns an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, distribute, and translate, for any purpose relating to Happy Healthy WFH’s business, all or any part of the Recordings. Happy Healthy WFH may edit the Recordings, use them alone or together with other information, and allow others to use and disseminate them. To the maximum extent permitted by law, Student waives any moral rights Student may have in the Recordings.
20.8. Termination. Happy Healthy WFH may immediately terminate this Agreement upon written notice to Student if Student: (a) fails to pay any amount when due under this Agreement (a “Payment Failure”); or (b) breaches any provision of this Agreement, and either the breach cannot be cured or, if the breach can be cured, it is not cured by Student within 10 days after Student’s breach.
20.9. Release of Liability. To the maximum extent permitted by law, Student (for itself, its heirs, dependents, personal representatives, assigns, and anyone else who might make a claim on Student’s behalf or as a result of Student’s death or injury) hereby release Happy Healthy WFH, its owners, partners, affiliates, its licensors and its and their respective directors, officers, employees, members, managers, contractors, representatives, agents, successors, and assigns (collectively, the “Releasees”) from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs) that Student may have now or in the future associated in any way with the Training, use of the Training Materials and the Recordings.
20.10. Indemnification. Student agrees to, and shall, indemnify, defend, and hold harmless any and all of the Releasees from and against any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs) asserted by any third party due to, arising out of, or in any way related to: (i) any violation by Student of this Agreement and/or of Happy Healthy WFH Website Terms and Conditions; (ii) any violation by Student of applicable laws; and/or (iii) Student’s negligent or intentional misconduct.
20.11. Assumption of Risk. Student is entering into this Agreement freely and understands that the information provided during the Training, including ideas, suggestions, techniques, and other methods, and the Training Materials are educational in nature and are only provided as general information. Any information, stories, examples, or testimonials presented during the Training does not constitute a warranty, guarantee, or prediction regarding the outcome of Student using any such material or methods presented during the Training for any particular purpose or issue. Student assumes and agrees to accept full and complete responsibility for applying what Student may learn from participating in and attending the Training and using the Training Materials. Student acknowledges and agrees that Student’s attendance and participation in the Training is voluntary and that Student understands the nature of the Training. To the maximum extent permitted by law, Student agrees that Student solely assumes any and all risks associated with attending and participating in the Training and use of the Training Materials.
20.12. Disclaimer. The Training and Training Materials are provided “as is” and "as available". Happy Healthy WFH makes no warranty whatsoever regarding the Training or Training Materials, including any (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; or (iii) warranty against infringement of intellectual property rights of a third party, whether arising by law, course of dealing, course of performance, usage of trade, or otherwise. Student acknowledges that Student has not relied on any representation or warranty made by Happy Healthy WFH, or any other person on Happy Healthy WFH’s behalf.
20.13. Liability. In no event shall Happy Healthy WFH be liable for any consequential, indirect, incidental, special, exemplary, or punitive damages, lost profits or revenues or diminution in value, arising out of, relating to, and/or in connection with any breach of this Agreement, regardless of (i) whether such damages were foreseeable, (ii) whether or not Happy Healthy WFH was advised of the possibility of such damages and (iii) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. in no event shall Happy Healthy WFH’s aggregate liability arising out of or related to this Agreement, whether arising out of or related to breach of contract (including breach of warranty), tort (including negligence), or otherwise, exceed the total of the amounts paid to Happy Healthy WFH for the training sold hereunder.
20.14. Confidentiality. Except as otherwise permitted herein, the Student shall not disclose (in whole or in part) any of the terms or provisions of this Agreement to any other person or entity, except where disclosure is required by law or where necessary to enforce the terms of this Agreement.
20.15. Force Majeure. Happy Healthy WFH shall not be liable to Student for failure to fully perform under this Agreement due to acts of God, war, disaster, fire, threatened or imminent strikes, civil disorder, epidemics, pandemics, quarantine measures, threats or terrorist attacks, acts of government, or other similar occurrences beyond the reasonable control of the parties making it impossible or commercially impractical to fully perform under this Agreement (collectively, a “Force Majeure Event”). This Agreement may be terminated without penalty by Happy Healthy WFH to the Student in the event a Force Majeure Event has continued for thirty (30) consecutive days.
20.16. Relationship of the Parties. Student purchasing the Training shall not constitute, create, give effect to, or otherwise imply a joint venture, partnership, or business organization of any kind between Happy Healthy WFH and Student. Each of Happy Healthy WFH and Student are independent parties, and neither party shall act as an agent for or partner of the other for any purpose.
20.17. Third-Parties. If the Training is provided in-person or online, third-party service providers, vendors, websites, or applications (a “Third-Party”) may be present at the Training, and may sell, advertise, solicit or otherwise promote its service or product (collectively, the “Third Party Materials”). Student hereby acknowledges and agrees that Happy Healthy WFH is not responsible for any of the Third-Party Materials, including, their accuracy, timeliness, legality, quality or any other aspect thereof, or any statement or claim made by a Third-Party. Student hereby further acknowledges and agrees that Happy Healthy WFH does not assume and will not have any liability or responsibility to Student for any Third-Party Materials or any statement or claim made by a Third-Party. Student’s access and use of any Third-Party Materials is at Student’s own risk and subject to a Third-Party’s terms and conditions.
20.18. Online Training. Attendance at any Training using an online format may require that the Student have high-speed Internet access and speakers and a microphone for any desired verbal interaction where available. Happy Healthy WFH may use a third-party online platform (a “Platform”) to host online Training. Happy Healthy WFH is not liable for any problem or issue that may occur as a result of use of a Platform. Happy Healthy WFH does not provide technical support for online Training provided through a Platform and Student is responsible for setting up its equipment to participate and attend. The Student will receive essential information for online Training purchased electronically at the email address or mailing address provided on the first page hereof. By participating in online Training, the Student agrees to not sell, trade, transfer, or share access to any link for such Training. If Happy Healthy WFH determines Student has violated the foregoing, Happy Healthy WFH may cancel Student’s Training, retain any payments made by Student, cancel Student’s subscription and ban Student, and any recipient of such link, from future events, courses or Training of Happy Healthy WFH.
20.19. Miscellaneous. This Agreement constitutes the entire agreement and understanding of Happy Healthy WFH and coaching Student relating to the subject matter hereof, and supersedes all prior agreements, arrangements and understandings, written or oral between the parties concerning such subject matter. Happy Healthy WFH and the Student intend and agree that if a court of competent jurisdiction determines that the scope of any provision of this Agreement is too broad to be enforced as written, the court should reform such provision(s) to such narrower scope as it determines to be enforceable. Happy Healthy WFH and Student further agree that if any provision of this Agreement is determined to be unenforceable for any reason, and such provision cannot be reformed by the court as anticipated above, such provision shall be deemed separate and severable and the unenforceability of any such provision shall not invalidate or render unenforceable any of the remaining provisions hereof. Student shall not assign this Agreement without the prior written consent of the Happy Healthy WFH. Other than as permitted herein or as permitted by applicable law, this Agreement cannot be canceled or amended without written mutual agreement of both parties. This Agreement shall be governed by and construed in accordance with the laws in force in Spain, without regard to conflict of law’s provisions. The parties expressly accept the jurisdiction of any court located in Spain, with respect to any dispute under this Agreement.
21. Disclaimer, Warranties and Limitation of Liability
21.1. The Website and its Services, including our Courses and Products, are provided "as is" and "as available", as is described herein, without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. You expressly agree and acknowledge that your sole and exclusive remedy relation to your use of the Website and its Products and Services shall be to stop using them.
21.2. Happy Healthy WFH does not warrant and disclaims that the Website and Services, including its Courses and Products, will be available and/or provided in a timely, secured manner, uninterrupted, free from any errors, including but not limited to viruses or other malicious software.
21.3. Happy Healthy WFH does not warrant that the operation of the Website and Services, including its Courses and Products, will work properly on any specific device or with any particular configuration of hardware and/or software, or that the Website and Services will provide complete protection for the integrity of the selected data, information or content stored or transmitted via the internet.
21.4. Happy Healthy WFH shall not be liable to you or any third party, under no circumstances, directly or indirectly, for the suspension, cancellation, termination or discontinuation of our Website’s Services and/or any of our Courses, Products caused by force majeure and/or by third parties.
21.5. Happy Healthy WFH does not provide any kind of guarantee, implicit or explicit, and is not liable, under any circumstances, for the success of any personal and/or professional and/or commercial and/or other activity that you intend to carry out with the knowledge acquired through our Courses, Products and/or Services.
21.6. Happy Healthy WFH does not guarantee, under any circumstances, directly or indirectly, any specific results that you intend to receive or obtain through the use of our Website and Services and/or through the application and/or use of the knowledge acquired through our Courses and/or Products.
21.7. Happy Healthy WFH is not responsible, under any circumstances, for any decisions made by you regarding your health and work habits, and/or other decisions you make as a result of your use of our Courses and/or Products and/or this Website and Services.
21.8. You accept and acknowledge that the Courses, Products and Services provided by us through this Website, including any information and/or material available on our Website, are for informational, educational and learning purposes only.
21.9. You accept and acknowledge that our Courses, Products and Services are intended to provide you with tips and ideas to improve your work from home habits, and that you are solely responsible for any actions you take based on the information contained therein.
21.10. You accept and acknowledge that due to the nature and extent of our Courses, Products and Services, the results experienced by each User may vary significantly.
21.11. You agree that the content or information on this Website, including our Courses, Products and Services, is not intended to be a substitute for professional health advice or medical advice or consultation. We strongly recommend that you consult a doctor or qualified health advisor with any questions you may have about your health and/or or if you need medical care or attention.
21.12. You expressly accept and acknowledge that Happy Healthy WFH is not a medical or health care institution, and that Happy Healthy WFH does not provide medical or health care advice or treatment. Therefore, if you need medical or health care advice or treatment, we strongly recommend that you consult a professional in this area.
21.13. You agree that the information contained and displayed within this Website and in our Courses and Products are provided for informational, educational and learning purposes only. Every effort has been made to accurately describe our Courses, Products and Services, and it's potential. You accept and acknowledge that our Courses, Products and Services' potential is entirely dependent on the person using it, and their current situation.
21.14. Happy Healthy WFH, shall not be liable, under no circumstances, for any direct, indirect, incidental, special or consequential damages or loss caused to you and/or any third-party, as result of use of, or our Courses and/or Products and/or Website and Services.
21.15. Happy Healthy WFH is not responsible, under no circumstances, directly or indirectly, for any matter pertaining to your efforts to improve your health and work habits, and you hold Happy Healthy WFH harmless from any and all claims, suits, threats, demands, liabilities and/or actions, caused by or in any way related to any action or decision by you in connection with your health and/or work habits. such indemnity includes Happy Healthy WFH’s costs and attorney’s fees in defending any such matter.
21.16. You expressly agree that: (i) our forum, bulletin board, chat room or any other users' interactive areas of our Website, is only intended to allow Users to interact and get to know each other; (ii) the use for any purpose whatsoever of any information and/or User Content shared, submitted, published, displayed, made available in any way through our Website is sole and exclusive responsibility of each User; (iii) Happy Healthy WFH will not be responsible for any action or decision made by you and/or any user and/or any third party based on such information and/or content.
21.17. You accept and acknowledge that any advice or opinions that may be shared and/or posted and/or sent by any user on the Website through our forum, bulletin board, chat room or any other users' interactive area, is the sole responsibility of each User. Happy Healthy WFH makes no representations or warranties and expressly disclaims any and all liability concerning any advice, treatment, action by, or effect on any person following the information and/or advice and/or opinions given or provided by any User through this Website. If you require professional advice, you should consult with an appropriately trained and qualified specialist or professional.
21.18. You expressly agree that Happy Healthy WFH is strictly an intermediary between the Users registered on this Website, and for this reason, Happy Healthy WFH will not be responsible under any circumstances, directly or indirectly, for: (i) any inappropriate and/or improper and/or abusive and/or fraudulent and/or illegal and/or prohibited activity or behavior or conduct incurred by any User and/or third-party; and/or (ii) any incident and/or misunderstanding, and/or fraud and/or damage and/or loss and/or harm and/or theft and/or injury caused by any User and/or third-party; and/or (iii) the infringement of any law or regulation applicable, by any User and/or third-party.
21.19. Happy Healthy WFH will not be responsible under any circumstances, directly or indirectly, for any unlawful or prohibited use of this Website and our Products and Services by any User and/or for any Illegal Content and/or objectionable information or material, shared, published, displayed, sent, made available in any way by any User through this Website.
21.20. You agree that any User Content and/or Material of any kind accessed, displayed, downloaded or otherwise obtained through the use of this Website and Services is accessed and displayed at your own discretion and risk, and you will be solely responsible for, and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or device, or loss or corruption of data that results or may result from the download and/or display of any such Content and/or Material.
21.21. You accept and acknowledge that Happy Healthy WFH does not supervise, direct, control and/or monitor the activity performed and/or Content shared, posted and/or displayed and/or sent by the Users registered on this Website including the compliance with any applicable law or regulation; and that therefore Happy Healthy WFH expressly disclaims any responsibility and liability for any abusive and/or unlawful and/or prohibited activity performed and/or any abusive, prohibited and/or Illegal Content shared, posted and/or displayed and/or sent by any User through this Website.
21.22. You accept and acknowledge that the use of our Website and Services does not imply and/or constitute an endorsement and/or guarantee by Happy Healthy WFH to any User Content shared, posted, displayed, sent and/or made available in any way by any User through our forum, bulletin board, chat room or any other Users' interactive area of this Website.
21.23. Happy Healthy WFH will be held liable should it fail to comply with these Terms and Conditions causing any loss or damage to you that were foreseeable, and as a result of its breach, or if Happy Healthy WFH should fail to use reasonable care and skill. However, Happy Healthy WFH will not be held liable for any loss or damage caused to you that was not foreseeable. Foreseeable loss or damage will be understood if an event is obvious or able to be predicted at the time you use our Website, Courses, Products and/or Services, and can be anticipated by both Happy Healthy WFH and you.
21.24. This Website and its Services, including our Courses and Products, are continually under development by Happy Healthy WFH. For this reason, Happy Healthy WFH makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
21.25. Access and use of this Website and Services, including our Courses and Products, shall be at your own risk and to the fullest extent permissible and subject and pursuant to all applicable laws and regulations. Therefore, we shall not be liable for any direct, indirect, incidental, special, exemplary, consequential or other damages whatsoever, arising out of, any access and/or the use of our Website and Services, including our Courses and Products, by you.
21.26. You expressly accept and acknowledge that in no event shall Happy Healthy WFH be liable for any consequential, indirect, incidental, special, exemplary, or punitive damages, lost profits or revenues or diminution in value, arising out of, relating to, and/or in connection with any breach of these Terms and Conditions, regardless of (i) whether such damages were foreseeable, (ii) whether or not Happy Healthy WFH was advised of the possibility of such damages and (iii) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In no event shall Happy Healthy WFH’s aggregate liability arising out of or related to these Terms and Conditions, whether arising out of or related to breach of this agreement (including breach of warranty), tort (including negligence), or otherwise, exceed the total price paid by you to Happy Healthy WFH for the Membership Plan purchased by you as of the date of such breach.
21.27. The exclusions and limitations of liability to Happy Healthy WFH contained in these Terms and Conditions, will not limit or exclude their potential liability for any matter that may not otherwise be limited or excluded by applicable laws.
22. Indemnity
You declare that the use of the Website and its Products and Services is intended for lawful purposes only and that it complies with all applicable laws and regulations.
You hereby agree to indemnify, defend and hold Happy Healthy WFH, and all of its owners, partners subsidiaries, affiliates, services providers, representatives, agents, employees, licensees and successors (collectively, the "Related Persons''), harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by Happy Healthy WFH or any of its Related Persons in connection with any claim arising out of any use or alleged use by you of this Website and/or our Courses, Products and/or Services, or arising out of, or in relation to, any breach by you of these Terms and Conditions. Happy Healthy WFH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate reasonably with Happy Healthy WFH's defense of such claim.
23. Termination
These Terms and Conditions will immediately terminate upon you breaching any of the obligations in any of this agreement. Happy Healthy WFH reserves the right to any other remedies available under law in the event that you breach any of the obligations under these Terms and Conditions and adversely affect Happy Healthy WFH in any way.
24. Website Maintenance
Happy Healthy WFH will make its best efforts to provide and/or make the Website, including its Products and Services, available in an uninterrupted manner to you. However, this Website and its Products and Services may be subject to downtimes and/or may not be available temporarily due to scheduled maintenance activity initiated by us and/or by our service providers, and such scheduled maintenance activity may or may not be notified to you. In addition, the Website and its Products and Services may be unavailable due to unscheduled emergencies and/or for other causes beyond our reasonable control and for such unscheduled emergencies prior notice shall not be given by us.
25. Updates
We may from time to time, and without your separate permission or consent, deploy an upgrade or update of, or replacement for, any Product and/or Service, including but not limited to any functionality or feature of our Website (“Update”), and as a result of any such deployment you may not be able to use the applicable Product and/or Services and/or device (or certain functions of the device) until any such Update is fully installed or activated. Each Update will be deemed as part of our Website and Services for all purposes under these Terms and Conditions.
Updates may include both additions to, and removals from, any particular Product and/or Services and/or features and/or functionality offered by our Website or may entirely replace it, and we will determine the content, features and functionality of the updated features and/or Product and/or Services in our sole discretion.
We in our sole discretion will determine when and if Updates are appropriate and will have no obligation to make any Updates available to you. Also, we may stop providing Updates for any device, versions of operating systems, browser programs and/or other software with which the Website as well as our Products and Services are no longer designed to operate.
26. User Support
Happy Healthy WFH allows you to access support features available on this Website (“User Support”). By using this Website and our Products and Services, you accept the modality by which Happy Healthy WFH provides User Support Service.
You expressly agree that Happy Healthy WFH may choose to change User Support Service features at any time and without prior notice.
27. Our Emails
Happy Healthy WFH will send emails to you, from time to time, to let you know about Services offers and important improvements and updates to our Courses and Products, as well as regarding our Website and Services. You will be able to opt out of these emails at any time by clicking the unsubscribe option. However, other emails will be sent to you automatically, such as system notifications required for the operation of our Website and Services for which you will not have the alternative to deactivate this option.
You accept and acknowledge that it is your responsibility to unsubscribe from our emails list if you no longer want to receive communication from us. If you want to unsubscribe from our email list you may do so at any time. Each email from us includes a link to unsubscribe from these email communications. We are not responsible if you have signed up for our list with multiple emails. It is your responsibility to unsubscribe from our email list using the provided links. Please follow all directions to unsubscribe from our email list.
28. Newsletters
Happy Healthy WFH allows you to subscribe to our Newsletter through the Website by providing your email address.
Through our Newsletter you will be able to stay updated on our tips to acquire a healthier lifestyle while working at home and get information about our Website, as our Products and Services and receive our promotions.
29. Third Party Links
These Terms and Conditions apply only to this Website, and not to the sites of any other companies or third-party organizations, including those to which this Website may forward you to. We are not responsible for the availability of any third-party site to which this Website may link you to. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other websites. Under no circumstances will we be held responsible or liable, directly or indirectly, for the loss or damage that may be caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website.
30. Changes to these Terms of Conditions
Happy Healthy WFH may amend these Terms and Conditions, from time to time, in its sole discretion, by posting a revised version on the Website, providing notice on the Website. If you do not agree to the changes adopted, then you must stop the access or use of the Website, and our Products and Services immediately.
Any modifications to these Terms and Conditions will be effective upon our posting of the modified version on our Website (or as otherwise indicated at the time of its posting). In any case, the continued use of this Website, as well as of our Products and Services after the posting of any change of our Terms and Conditions indicates that you express your acceptance of such modifications.
31. Force Majeure
If Happy Healthy WFH is prevented from carrying out its obligations under these Terms and Conditions as a result of any cause beyond its reasonable control, including but not limited to unavailability, interruptions, loss or malfunctions of internet services and/or any communication system; virus attack, breach, sabotage in our technological systems; acts of God; acts of war or terrorism, civil or military disturbances; natural catastrophes; strikes; floods, tornados, failure of service providers; failures or malfunctions of devices and/or software and/or hardware; epidemics or pandemics, lockdown or quarantine measures; acts of government; and/or similar events, then in such an event, Happy Healthy WFH shall be relieved from its obligations and liabilities under these Terms and Conditions as such fulfillment of its obligations is prevented.
32. No Waiver
Happy Healthy WFH´s failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of your performance or compliance with this agreement.
33. Entirety
These Terms and Conditions constitute the entire agreement between Happy Healthy WFH and you, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. These Terms and Conditions supersedes and replaces any other agreement that you have previously entered into with respect to this Website and its Services, including our Courses and Products.
34. Severability
In the event that a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, such invalid provision shall be severed and have no effect on the remaining provisions of these Terms and Conditions and they shall continue in full force and effect.
35. No Assignment
You may not assign their rights or obligations under these Terms and Conditions without the prior written consent of Happy Healthy WFH.
36. Interpretation
The headings in these Terms and Conditions do not affect its interpretation. The use of any gender includes all genders. The singular includes the plural and vice-versa. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, the rights and obligations set forth in these Terms and Conditions will be construed as having been drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of these Terms and Conditions.
These Terms and Conditions were originally prepared in the English language. Although we may provide one or more translated versions of these Terms and Conditions for your convenience, the English language version of these documents will be the governing version of therein in case of any conflict or discrepancy.
37. Disputes Resolution
In the event of any dispute arising from or relating to your use of our Website or any of our Courses, Product or Services, you must use your best efforts to settle the dispute and resolve the issue in good faith, acknowledging mutual interests of both parties, in attempting to reach a just and equitable solution that may result satisfactory to you and Happy Healthy WFH before initiating any legal proceeding. If such resolution is not reached within a period of thirty (30) continuous days, then, upon notice by either party to the other, such dispute shall be submitted to the exclusive jurisdiction of the Courts referred in Section 38 below.
38. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws in force in Spain, without regard to conflict of law’s provisions.
Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with these Terms and Conditions, or our Website, Products and/or Services, may be brought in any court located in Spain and each of the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Parties losing any suit, action or proceeding agree to pay the entire court costs of the suit, action, or proceeding for all involved parties.
39. Contact Us
For any questions, comments, or complaints regarding these Terms and Conditions and/or our Website, Products and Services, you may address to Happy Healthy WFH / Silke Holguin-Butters by sending an email to: [email protected] and that email receipt must be acknowledged by us. In the event that delivery fails, notice can be mailed to the following address: 1275 4th St #5037, Santa Rosa, CA 95404, United States.
40. Definitions
● "Abusive User" means any User who engages in harassing and/or objectionable behavior with any other User.
● “Account” and/or “User Account” means the account we create for each User when they register on this Website to use our Courses, Products and Services.
● "Content" and/or "User Content" means any message, text, image, information, material and/or content of any kind shared, posted, displayed, sent and/or made available in any way by any User through this Website.
● “Courses” means the online learning courses offered by Happy Healthy WFH, in accordance with these Terms and Conditions.
● “Device” means smartphones, tablets, laptops, desktops and any other similar digital or electronic equipment.
● “Disputes” means any claim, difference, reclamation, conflict, or similar between Happy Healthy WFH and you arising from the use of this Website and its Courses, Products and Services.
● “Happy Healthy WFH” and/or “We” and/or “Us” means collectively this Website owned and operated by Silke Holguin-Butters, including its Courses, Products and Services, as well as its partners, subsidiaries, vendors and affiliates.
● "Illegal or Content" means any message, text, image, information, material and/or content of any kind shared, posted, displayed, sent and/or made available in any way by any User on this Website which violates or infringes in any way the rules set forth in Section 12 above and/or any applicable law or regulation.
● "Material" means any e-book, guide, guidelines and/or any similar material and/or content available on our Website or provided by us to our Users.
● "Membership" and/or "Membership Plan" means the services plan that our Users must subscribe to in order to access and use the Website and our Courses, Products and Services, as described in Section 6 above.
● “Payment Method” means Stripe Payment Platform or any other payment method indicated on our Website.
● "Products” means indistinctly any of our Courses and/or Materials and/or Training Materials offered by us through our Website.
● “Services” means the services offered by Happy Healthy WFH as described in Section 4 of these Terms and Conditions.
● “Terms and Conditions” means this document that governs the access and use of our Website and Services, including our Courses and Products.
● “Training Materials” means the materials referred to in Clause 20.3 above.
● “You” and/or “User” means any individual registered on this website and who has subscribed to our Membership Plan to use our Courses, Products and Services.
● “Website” means https://www.happyhealthywfh.com.
Last Updated: 03/02/2023
