Digital Terms of Sale

Please read these Terms of Use and Sale (“these Terms”) carefully before purchasing, accessing or using any digital products, pre-recorded programs, audios, meditations, trainings, courses, workbooks, materials and so on (“Products”) offered by The House of Opulence and Healing S.L. (referred to in these Terms as “THOH”, “we”, “our” or “us”).

General

1.1 The Products offered on this site are owned and operated by THOH. The term “you” refers to any purchaser and/or user of any of our Products, regardless of whether the offerings are free or paid for.

1.2 By placing an order for any of our Products on our website or any of our sales pages you agree to be bound by these Terms. By using any of our Products you are agreeing to these Terms as they appear and are legally bound by them, regardless of whether or not you have read them. If at any time you do not agree with these Terms, please do not use our Products.

1.3 We reserve the right to change these Terms from time to time and such modifications shall be effective upon posting on our website or any of our sales pages or via email with the subject line specifically stating “amendment to existing terms” or similar language denoting the Terms have been modified.

1.4 You understand that THOH does not provide medical, financial, investment, legal or other advice or treatment and any guidance is not to be solely relied upon. Any guidance given by THOH and its team members is merely a suggestion, and it is your responsibility to decide whether or not to act upon those suggestions.

1.5 As the purchaser and/or user of the Products you agree that you are purchasing them as a business, but for your own sole use within the business. If this is incorrect, please contact us.

Payment

2.1 You agree to pay the price stated at the time of booking.

2.2 You agree to either pay the total amount due or, if one is offered, the first instalment of your payment plan as agreed at the checkout.

2.3 Where you choose to pay by way of payment plan, the payment will be automatically deducted from your nominated debit/credit card, PayPal, Stripe or other payment service on a specified day of each month. Failure to make payment on time and after 7 days of reminders will result in the cancellation of your access to the Product(s) and you will not be entitled to receive a refund for any payment made to date. You will still be responsible for paying the entire price as agreed and the full balance will become due for payment.

2.4 You are responsible for payment of the entire price, regardless of whether you choose to use the Product or not, believe you are having success with the Product or not, and regardless of whether you have selected a pay-in-full or monthly payment plan. If for any reason you choose to cancel any part of the Product, you must pay or continue to pay the remainder of the balance.

Returns and refunds

3.1 You have purchased a digital product that is available to use immediately. Therefore, you acknowledge and agree that you are waiving all rights to cancellations or refunds.

4.2 If you experience any issues or faults with the Product please contact us at support@elisacanali.com and we will look into the issue.

Price of goods

4.1 The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information is entered into the system.

4.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

Use of our Products

5.1 We have invested significant time, effort and expense into our Products. This information is valuable, and special and are unique assets belonging to THOH, which require protection from improper and/or unauthorised use.

5.2 By purchasing any of our Products you agree that your access will be for your own personal use and reference within your business. You must not at any time permit any product to be used for any other purpose.

5.3 When you enroll in or purchase our Products you agree that you are clearly and expressly prohibited from doing the following:

You are not permitted to use, copy, adapt or represent any of our Products in any way to imply or indicate that they are your property or are created by you.

You are not permitted to copy, share or steal our Products, or any parts of them.

You are not permitted to engage in improper and/or unauthorised use of our Products. This includes copying any information purchased or accessed through our Products for business/commercial use or in any way that earns you or anyone else money. Such activity includes but is not limited to, publication or compilation into your own or anyone else’s products, modifying, copying, reproducing, sharing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means).

You must not breach our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Products for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Products.

You are not permitted to use our Products in a manner that constitutes an infringement of our rights or in a manner that has not been authorised by us through our prior written consent.

You understand and agree that engaging in the prohibited use or the improper and/or unauthorised use of our Products as set forth in these Terms is considered theft and stealing. You agree and understand that prohibited use, improper and/or unauthorised use may give rise to a civil claim for damages and/or be a criminal offence.

Intellectual property

6.1 You agree that all Products, whether modified or not, and all intellectual property and copyrights contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the Product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

6.2 You are being granted a limited license to use our Products with permission and restrictions. You are purchasing the limited right to use the Products in the form that is provided by us to you with certain conditions as specified herein.

6.3 You are prohibited from reproducing, copying, re-selling, sub-licensing, renting, sharing or otherwise distributing any of our Products, whether modified or not, to any third party. This includes but is not limited to, the design, layout, appearance, logo design, techniques, and graphics of our Products or any other material or aspects of materials provided by us to you, any trademarks, taglines, slogans, and logos displayed on the Products. You understand that these materials are owned by THOH.

6.4 You are not permitted to share, sell, reprint or republish any other of our Products, including handouts, workbooks or meditations for resale or mass reproduction purposes. This includes sharing this program with your friends, family, colleagues, etc.

6.5 You may not use our Products in a manner that constitutes an infringement of our rights or in a manner that has not been authorised by THOH.

6.6 You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.

6.7 You shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from your infringement of our intellectual property, or your infringement of the terms of any related third party.

Guarantees

7.1 Whilst we endeavour to ensure that our Products are fit for the use of our customers, we accept no responsibility for the accuracy of information or suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for a particular purpose.

7.2 THOH does not guarantee or represent in any way that you or your business will attain a certain level of sales, profits, earnings, or any other metric of success, either in the short-term or long-term. Your success depends on many factors, including but not limited to your personal motivation, your time commitment, how effectively you implement the strategies taught in the course, your efficiency in implementing the Products, and the particular market and industry in which your business operates.

7.3 Any testimonials, stories shared, descriptions, or examples used in materials, on our website, or during online programs are not a guarantee of any particular result or success. Any express, or implied promise, or representation made by THOH is not intended to represent or guarantee that you will achieve the same or similar results.

7.4 THOH does not provide medical, legal, investment, or financial advice. All opinions are provided for your consideration and should not be solely relied upon. It is your responsibility to obtain professional advice.

7.5 We shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

7.6 We reserve the right to amend any of the Products and the material or techniques taught within them, as deemed necessary to improve them.

7.7 THOH expressly disclaims all warranties, express or implied. Any statements or advice given by THOH are purely recommendations. You are responsible for any decisions or actions taken based on insights given.

7.8 In the event that THOH is deemed to be responsible for something which cannot be limited in law, the maximum liability THOH will owe to you is the sum that you have paid to date for Products.

Health

8.1 At times, THOH will use techniques or modalities within the Products such as but not limited to guided meditation or breathing. It is advisable not to drink alcohol or consume any illegal or non-prescription drugs for at least 48 hours before and 24 hours afterwards when using any Products which include such techniques or modalities. You must not participate if you are likely to suffer an adverse reaction to the use of any of these techniques.

8.3 THOH does not claim to diagnose, heal, treat or cure any health conditions and you must continue to take any prescribed medication as normal.

8.4 It is your responsibility to notify your doctor if you think that the Products may impact on any medication that you are taking, or health conditions that you are currently undergoing treatment for.

8.5 During your use of the Products you may be exposed to information or situations that trigger deep or otherwise unresolved emotional responses. By using and participating in these Products you are confirming that you are mentally well enough to do so and that you understand that you are personally responsible for managing your own emotional state.

8.6 You agree not to hold us liable for any emotional distress experienced as a result of your participation in the session and we reserve the right to terminate your access to Products where we have concerns as to your suitability to safely use them.

Mode of Delivery

9.1. Our Products are delivered in a variety of formats which is specified in the description on the site. This may include a combination of online sessions, pre-recorded sessions, or as a downloadable product. For example. these may be held on a platform such as Kajabi, in the place where they originally took place / were recorded like Telegram, or be available for download via email.

9.2. It is your responsibility to ensure you have read the description and understand the mode of delivery for all purchases.

9.3 Whilst we have made every effort to ensure that the availability and delivery of our products are of a high standard, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates. We will endeavour to limit the frequency and duration of suspension or restriction where possible. We will not be liable to you for damages or refunds, or for any other recourse, should our Products become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Products inaccessible to you.

9.4 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

Third-party systems

10.1 The Products may be held on third-party secure servers (for example, Kajabi) and we have taken all reasonable steps to ensure that the online content will be available at all times. We shall not be liable in the event that such content is not available in whole or in part at any time, or becomes corrupted, is deleted or fails to be stored.

10.2 We do not warrant the ability, use or performance of the platforms in any way and take no responsibility for any of its errors, content (besides the content we upload to it) and shall not be liable for the transmission of any software virus, malware or other third-party compromise of the platform or software. You should ensure any software security on your devices is up to date.

10.3 You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party.

10.4 You must notify us immediately if you become aware of any unauthorised use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorised use of your account.

Use of online or shared platforms

11.1 Whilst using or participating in our Products you may:

post or submit material on or through our Products;
comment in or share information in support groups or chats inside online course portals, on social media or other chat based apps such as Voxer, Telegram or WhatsApp;
participate in calls with video and audio recordings;
share feedback or information which can be used as a testimonial; and
share or submit other materials of any kind.

11.2 You understand that your participation in our Products is your acknowledgment that any materials you post may be seen by other users / clients of our Products.

11.3 You consent to us using those materials (including posts, comments, photographs, audio, video, feedback, testimonials and so on) for marketing or promotional efforts.

11.4 You agree to respect the privacy of other users of our Products and agree not to share or repost any content outside of these spaces.

11.5 You must not use our Products or platforms as a way to self-promote, abuse or cause harm to others, or spam or solicit clients.

11.6 We are not responsible for any content provided by third parties and the inclusion or use of their services does not imply any endorsement or association.

11.7 Any prohibited behaviour will result in immediate termination of this agreement in accordance with clause 16 of these Terms.

11.8 If one of THOH clients approaches you to work with you after connecting with you in one of our Products, groups or platforms, this will be your sole responsibility and your business will be separate from THOH.

11.9 Participation in Products by THOH is not intended to, and shall not be deemed to establish any partnership or joint venture between you and THOH.

Third-party/Affiliate services

12.1 From time to time we may invite guest speakers or include links to third party offers and promotions. These are included to provide you with access to information, products or services that you may find useful or interesting. THOH is not responsible for any content provided by third parties and the inclusion of their services does not imply any endorsement or association.

12.2 If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Products, you understand that all business transactions are solely between you and the third party. You agree that THOH shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that are incurred as the result of such dealings with a third party.

Affiliate Programme

13.1 You may apply to become an approved affiliate of any of THOH’s Products or services through THOH’s designated affiliate program. Acceptance into the program is at our sole discretion and may be revoked at any time if terms are violated.

13.2 As an approved affiliate, you will receive a commission on eligible sales, at the rate specified on the sales page of the Product or service at the time the referred purchase is made. Commissions are calculated on the net sales price (after discounts and excluding taxes, refunds, or chargebacks).

13.3 Commissions will be paid monthly in arrears, subject to a minimum payout threshold and the successful completion of the buyer’s refund period. You are responsible for ensuring your payment details are accurate and up to date.

13.4 You agree to market the Products or services truthfully, ethically, and in alignment with its positioning. You may not make false claims, misrepresent its functionality, or imply that you are the creator or owner of the Products. You must comply with all applicable advertising, disclosure, and privacy laws.

13.5 You may not:
Run ads against THOH's brand name, the Product name, or related trademarks.
Use spam or misleading tactics to generate sales.
Use your affiliate link to purchase Products for yourself (self-referrals are not eligible for commission).

13.6 All promotional materials, copy, brand assets and the name of the Products remain the intellectual property of THOH and must be used only in ways authorised by us. We reserve the right to revoke your access or request takedown of any promotional materials we deem non-compliant or misaligned with our brand.

13.7 We reserve the right to terminate your participation in the affiliate program at any time, without notice, if we believe you are violating any terms or engaging in behaviour that could damage the brand, the Products, or community. Any unpaid commissions at the time of termination may be forfeited at our discretion.

13.8 Participation in the affiliate program does not create any employment, partnership, agency, or joint venture relationship between you and THOH.

Force Majeure

14.1 If, as a result of an act of God, force majeure, public emergency, restriction imposed by law or for any other cause beyond our reasonable control, we are unable to provide services to you, THOH shall not be in breach of these Terms but shall be authorised to substitute a reasonably satisfactory date and time to provide services.

14.2 If no such time is available, the remainder of the fees due for any Products that have not yet been provided will be waived.

14.3 THOH shall not be liable for inability to provide services or fulfil these Terms in those circumstances.

Waiver

15.1 You acknowledge and take full responsibility for all decisions made during and after accessing the Products. You hereby and forever waive, release and discharge THOH, its directors, administrators, officers, agents, employees, representatives, executors and all others acting on its behalf (the “Released Parties”) from any and all claims or liabilities for injuries or damages to your person and/or property or that of your family (where applicable), including those caused by any negligent act or omission of any of those mentioned or others acting on their behalf, arising out of or connected with your participation in the Products or in connection with services provided by THOH or the Released Parties.

15.2 The waiver or failure of THOH to exercise any obligation under these Terms shall not be deemed a waiver of any further right.

Termination

16.1 THOH reserves the right to terminate this Agreement at any point if we feel that you are being disruptive, are acting in breach of the law, or are in violation of these Terms. All fees will become payable by you upon termination of this agreement.

16.2 If the conditions set out in these Terms are not met by you, including but not limited to non-payment, you understand and accept that you may forfeit access to the Products and you will not be eligible for a refund.

Confidentiality

17.1 Confidential information refers to any data or information relating to you, whether business or personal:

which would reasonably be considered to be private or proprietary to you;

that is not generally known, and;

where the release of that confidential information could reasonably be expected to cause harm to you.

17.2 You agree that it is your responsibility to decide whether or not to disclose, divulge, provide your information or comment within THOH Products, platforms, groups and spaces at your own discretion and risk. THOH holds no responsibility for your posts or comments where you post them in spaces that can be seen by others, even where you are following suggestions made by THOH.


17.3 THOH agrees that we will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which we have obtained privately, except as authorised by you or as required by law. The obligations of confidentiality will apply and will survive indefinitely upon termination of this agreement.

Testimonials and feedback

18.1 We may ask you to provide a testimonial of your experience with us or you may volunteer one.

18.2 Should you wish to provide a testimonial, or if you voluntarily provide any feedback in any format (whether made publicly in an online group or space, or privately to THOH or some other way) you confirm that you give your consent for THOH to use the text in its entirety, or in part in order to promote our business.

18.3 You agree and consent that any comments made to or about THOH or its practitioners by you in any format (whether made publicly in an online group or space, or privately to THOH or some other way) can be used by THOH in order to promote our business.

18.4 You confirm that the testimonial, feedback or comment can be used in all media, including printed materials, business communications, presentations, social media and in the advertising of services generally.

18.5 You give consent to THOH to edit the testimonial as necessary, without consulting you, provided the message remains the same.

18.6 You give THOH consent to refer to your business name and first name on the testimonial and agree that the testimonial is given voluntarily and you will not receive financial compensation for it. If you are happy for us to use testimonials but want them to remain anonymous, you must tell us.

Complaints

19.1 We are committed to providing the best service possible. If for any reason you are not satisfied with the Products, please contact us in the first instance at support@elisacanali.com .

19.2 We will look into your complaint and where you have a genuine concern we will endeavour to resolve the issue.

19.3 If you are not satisfied with the outcome, you agree that any dispute arising out of or related to these Terms shall be settled in accordance with clause 19.4.

19.4 If a dispute arises out of or in connection with these Terms or the performance, validity or enforceability of them (the “Dispute”) then the parties shall follow the procedure set out in this clause:

(a) Either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”), together with relevant supporting documents. On service of the Dispute Notice, the parties' respective key persons shall attempt in good faith to resolve the Dispute;

(b) if the parties' key persons are for any reason unable to resolve the Dispute within 60 days of service of the Dispute Notice, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator shall be nominated by CEDR. To initiate the mediation, a party must serve notice in writing (“ADR notice”) to the other party to the Dispute, requesting a mediation. A copy of the ADR notice should be sent to CEDR. Unless otherwise agreed between the parties, the mediation will start not later than 45 days after the date of the ADR notice;

(c) If mediation does not resolve the Dispute, either party may refer the matter to an arbitrator to be agreed by the parties or in the absence of agreement to be appointed in accordance with The International Chamber of Commerce (ICC) International Court of Arbitration. Such arbitration shall be conducted under the ICC’s International Court of Arbitration’s rules. For the avoidance of doubt, arbitration applies instead of legal proceedings in the Spanish courts.

19.5 Whilst a dispute is being determined the parties agree that the services being provided may be suspended until such times as the Dispute is resolved by agreement or mediation, or a decision is reached by an arbitrator. Neither party shall be liable for any losses caused by the delay in providing the services which are as a result of the suspension.

19.6 You agree that whether or not you are happy with the service, you will not disparage or damage or attempt to disparage or damage THOH’s reputation or that of Elisa Canali or any of the THOH team members. You agree that any attempt at doing so could cause irreparable harm to the THOH business and its reputation, and that you will be responsible to pay significant damages if you do so.

Severability

20.1 If any provision of these Terms is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.

Entire Agreement

21.1 These Terms together with the sales page for the Products at the time of purchase are the entire agreement and understanding between THOH and you and supersedes any prior agreement or understanding whether oral or written relating to these Terms.

Governing Law

22.1 These Terms apply internationally to any and all purchasers and/or users of the Products.

22.2 These Terms shall be interpreted, construed and enforced in accordance with Spanish law and shall be subject to the exclusive jurisdiction of the Spanish Courts.