By visiting Bespoke Social Co. you are consenting to our terms & conditions of use. 

The terms “company”, “we”, “us”, “our” and “owner” refers to Bespoke Social Co. SP. The terms “site” or “website” refers to bespokesocialco.com. The terms “user(s),” “you” and “your” refers to site visitors, customers, clients and any other users of the site.

CONTENT ON THIS WEBSITE

Unless where otherwise specified or clearly recognizable, all content available on this website is owned or provided by Bespoke Social Co. or its licensors.

Bespoke Social Co. undertakes its utmost effort to ensure that the content provided on this website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of users to enforce their rights, users are kindly asked to preferably report related complaints to hello@bespokesocialco.com.

RIGHTS REGARDING CONTENT ON THIS WEBSITE – ALL RIGHTS RESERVED

Bespoke Social Co. holds and reserves all intellectual property rights for any such content.

users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this website, nor allow any third party to do so through the user or their device, even without the user’s knowledge.

Where explicitly stated on this website, the user may download, copy and/or share some content available through this website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by Bespoke Social Co. are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

ACCESS TO EXTERNAL RESOURCES

Through this website users may have access to external resources provided by third parties. users acknowledge and accept that Bespoke Social Co. has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

ACCEPTABLE USE

This website and the products and services offered may only be used within the scope of what they are provided for, under these terms and applicable law.

Users are solely responsible for making sure that their use of this website and/or the products and services purchased violates no applicable law, regulations or third-party rights.

Therefore, Bespoke Social Co. reserves the right to take any appropriate measure to protect its legitimate interests including by denying users access to this website, its products or services, terminating contracts, reporting any misconduct performed through this website or through use of its products or services to the competent authorities – such as judicial or administrative authorities – whenever users engage or are suspected to engage in any of the following activities:

• Violate laws, regulations and/or these Terms;

• Infringe any third-party rights;

• Considerably impair Bespoke Social Co.’s legitimate interests;

• Offend Bespoke Social Co. or any third party.

TERMS & CONDITIONS OF SALE

Paid Products & Services

Some of the products provided on this website are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this website.

Products & Service Description

Prices, descriptions or availability of products or services are outlined in the respective sections of this website and are subject to change without notice.

While products and services on this website are presented with the greatest accuracy technically possible, representation on this website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

 

The characteristics of the chosen product or service will be outlined during the purchasing process.

Purchasing Process

Any steps taken from choosing a product or service to order submission form part of the purchasing process.

The purchasing process includes these steps:

• Users must choose the desired product or service and verify their purchase selection.

• After having reviewed the information displayed in the purchase selection, users may place the order by submitting it.

Order Submission

When the user submits an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for the user the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

• In case the purchased product or service requires active input from the user, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the user to cooperate accordingly.

• Upon submission of the order, users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the user for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on this website are displayed either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the user is browsing.

Methods of Payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this website.

All payments are independently processed through third-party services. Therefore, this website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

 

If payment through the available methods fails or is refused by the payment service provider, Bespoke Social Co. shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the user.

Retention of Product Ownership

Until payment of the total purchase price is received by Bespoke Social Co., any products ordered shall not become the user’s property.

Retention of Usage Rights

Users do not acquire any rights to use the purchased product until the total purchase price is received by Bespoke Social Co.

Delivery of Digital Content

Unless otherwise stated, digital content purchased on this website is delivered via download on the device(s) chosen by users.

 

Users acknowledge and accept that in order to download and/or use the products, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.

 

Users acknowledge and accept that the ability to download the purchased products may be limited in time and space.

 

Performance of Services

The purchased products or services shall be performed or made available within the time frame specified on this website or as communicated before the order submission.

REFUSAL OF SERVICE

Bespoke Social Co. reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Bespoke Social Co. may at any time change or discontinue any aspect or feature of the Site or Service.

REFUNDS

Digital Products

All sales of digital products downloadable upon confirmation of purchase are final and no refunds will be issued once digital product has been received. 

Services: User Right of Withdrawal 

Where a user exercises the right of withdrawal after having requested that a service be performed before the withdrawal period expires, the user shall pay to Bespoke Social Co. an amount which is in proportion to the part of service provided.

 

Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the user withdraws, compared with the full coverage of the contract.

  

LIABILITY AND INDEMNIFICATION

Disclaimer of Warranties

This website is provided strictly on an “as is” and “as available” basis. Use of the Service is at users’ own risk. To the maximum extent permitted by applicable law, Bespoke Social Co. expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from company or through the Service will create any warranty not expressly stated herein.

 

Without limiting the foregoing, Bespoke Social Co., its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the products or services will meet users’ requirements; that the products or services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the products are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to users’ computer system or mobile device or loss of data that results from such download or users’ use of the product.

 

Bespoke Social Co. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party or any hyperlinked website or service, and Bespoke Social Co. shall not be a party to or in any way monitor any transaction between users and third-party providers of products or services.

 

The digital products may become inaccessible or it may not function properly with users’ web browser, mobile device, and/or operating system. Bespoke Social Co. cannot be held liable for any perceived or actual damages arising from product or service content, operation, or use of them.

 

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to users. This Agreement gives users specific legal rights, and users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law. 

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall Bespoke Social Co., and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

• Any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the products or services; and

• Any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or user account or the information contained therein;

• Any errors, mistakes, or inaccuracies of content;

• Personal injury or property damage, of any nature whatsoever, resulting from user access to or use of the Service;

• Any unauthorized access to or use of Bespoke Social Co.’s secure servers and/or any and all personal information stored therein;

• Any interruption or cessation of transmission to or from the Service;

• Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the products or services;

• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the products or services; and/or

• The defamatory, offensive, or illegal conduct of any user or third party. In no event shall Bespoke Social Co., and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by user to Bespoke Social Co.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

 

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to users. The terms give users specific legal rights, and users may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The user agrees to defend, indemnify and hold Bespoke Social Co. and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User’s use of and access to the products or services, including any data or content transmitted or received by user;

• User’s violation of these terms, including, but not limited to, user’s breach of any of the representations and warranties set forth in these terms;

• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

• User’s violation of any statutory law, rule, or regulation;

• Any content that is submitted from user’s account, including third party access with user’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

• User’s willful misconduct; or

• Statutory provision by user or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

COMMON PROVISIONS

Waiver 

Bespoke Social Co.’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Privacy Policy

To learn more about the use of their Personal Data, users may refer to the privacy policy of this website.

  

Intellectual Property Rights

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this website and of its content or products without Bespoke Social Co.’s express prior written permission.

 

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this website are the exclusive property of Bespoke Social Co. or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this website are, and remain, the exclusive property of Bespoke Social Co. or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to Terms of Use

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

 

Termination

We may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services at any time. We may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringes of intellectual property rights.

Severability

Should any provision of these terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

 

Applicable Laws

We control and operate the Website from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

Governing Law

The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Indiana, United States of America. You agree that any cause of action that may arise between the parties shall be commenced and be heard in the appropriate court in the State of Indiana, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Indiana for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision below. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

 

Exception for European Consumers

However, regardless of the above, if the user qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

 

DISPUTE RESOLUTION

Arbitration

For any dispute that arises between users and Bespoke Social Co., users agree to first contact us at hello@bespokesocialco.com and attempt to resolve the dispute with us informally. In the unlikely event that the parties are unable to resolve a dispute, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. 

 

All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless parties agree otherwise, the arbitrator may not consolidate more than one person’s claims. Users agree that, by entering into this agreement, you and bespoke social co. Are each waiving the right to a trial by jury or to participate in a class action.

 

If you require further clarification, please contact hello@bespokesocialco.com.

These Terms and Conditions were revised January 2021