Terms & Conditions.
Introduction
Please read this Terms of Service ("Terms", "Terms of Service", “Terms & Conditions”, “T&Cs”) carefully before using the thinkbastien.com Website (the "Website") owned and operated by ThinkBastien Ltd., a(n) Limited Liability Company formed in Ruse, Bulgaria ("us", "we", "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users, and others, who wish to access and use the Website.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by ThinkBastien Ltd..... and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to ThinkBastien Ltd. and accessing the Website in connection with the provision of such services.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
Our offers and pricing
We offer services and digital products on this Website. The price of these services and digital products can be found listed on the Website. This price does not include taxes or other fees that you may be charged.
Purchases
When you make a purchase on the Website, you will be able to choose the third-party payment processor that will collect your payment information and process your payment. We allow you to make purchases using the following third-party payment processors: PayPal and Stripe. We are not responsible for the collection, use, sharing, or security of your billing information by these third-party payment processors. The following payment method(s) are accepted by the third-party payment processors: Visa (credit and debit cards), MasterCard (credit and debit cards), and American Express.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third-party payment processor(s) is true, correct, and complete.
Downloading a digital item
Downloads are available once your payment is confirmed. If you paid with PayPal or a credit card on ThinkBastien, confirmation might take a few minutes.
ThinkBastien will also send you a download notification email separate from any transaction notification emails you receive from Stripe and/or PayPal.
Please note that you can't download a digital purchase through the ThinkBastien website at this time. To download a digital file, please click the links provided via email.
I can’t seem to find my download notification email.
First, check your spam or junk inbox. If you use Gmail, also check your Social and Promotions tabs. If it’s not there, add strategy[at]thinkbastien.com to your address book or safe list.
I’m having trouble downloading my files.
If nothing happens when you click the download links, it’s possible that there’s an issue with your web browser. Please disable any non-standard add-ons or toolbars that you’ve installed and try again.
If your computer states that the file has been corrupted, delete the file and try downloading it again. If you still can't open the file, please contact ThinkBastien at strategy[at]thinkbastien.com.
If your computer is unable to open the file, it’s possible that you’re missing the program required to unzip and open the file type.
Cancellation policy
We do not offer you the ability to cancel any purchases that you have made of the services and digital products offered on our Website.
We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to canceling your purchase.
We will not be able to issue you a refund of the purchase price that you paid if we cancel your purchase.
Refund policy
We stand behind our products and your satisfaction with them is important to us. However, because our products are digital goods delivered via Internet download, we do not offer refunds on any purchases made on this Website.
Advance payments
We may ask you to provide an advance payment on any purchase made of the services and digital products offered on our Website. Advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services and digital products.
We do not offer you the ability to cancel any purchases that you have made of the services and digital products offered on this Website. As such, we do not refund advance payments.
Deposits
We may ask you to provide a deposit for purchases made of the services and digital products offered on our Website. A deposit is a payment made to reserve the services and digital products.
We will not be able to issue you a refund of the deposit that you made if we cancel your purchase.
NO WARRANTY ON PURCHASES
THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS.” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Remedies
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be none. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
Accounts
When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account through their account on the Website.
Comments and uploading content
By submitting a comment or uploading content onto this Website, you grant ThinkBastien Ltd. a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time at our sole discretion.
The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:
Content that harasses others;
Content that is discriminatory or offensive;
Swearing, name-calling, and otherwise abusive content;
Pornographic and sexually explicit content;
Content displaying, depicting, or suggesting violence;
Content that exploits or abuses children;
Content encouraging or committing illegal acts;
Content sharing personal information without consent;
Content infringing on someone’s rights, including intellectual property rights;
Content advertising products or services without our permission;
Content whose purpose is spamming others.
Prohibited uses
You agree that you will use this Website in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
Impersonating or attempting to impersonate ThinkBastien Ltd. or its employees, representatives, subsidiaries, or divisions;
Misrepresenting your identity or affiliation with any person or entity;
Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail, or any similar material;
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
Using the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with another party’s use of the Website;
Using any robot, spider, or other similar automatic technology, process, or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
Using any device, software, means, or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs, or other such materials;
Attempting to gain unauthorized access to, interfering with, damaging, or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website;
Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempting to interfere with the proper working of the Website;
Using the Website in any way that violates any applicable federal, state, or local laws, rules, or regulations;
Using the Website in any way that causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
Using the Website in any way that is harmful, unlawful, illegal, abusive, harassing, threatening, or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
Making, transmitting, or storing electronic copies of Content protected by copyright without the permission of the owner.
NO WARRANTY ON WEBSITE
THIS WEBSITE IS PROVIDED “AS IS.” NO WARRANTY, EXPRESS, OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Availability, errors, and inaccuracies
We assume no liability for the availability, errors, or inaccuracies of the information, products, or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
Any online facilities, tools, services, and information that ThinkBastien Ltd. makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility, and satisfactory quality, ThinkBastien Ltd. is under no obligation to update information on the Website.
Whilst ThinkBastien Ltd. uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses, and other malware, we give no warranty or guarantee in that regard and all Users that responsibility for their own security, that of their personal details and their computers.
ThinkBastien Ltd. accepts no liability for any disruption or non-availability of the Website.
ThinkBastien Ltd. reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
DAMAGES AND LIMITATION OF LIABILITY
IN NO EVENT SHALL THINKBASTIEN LTD. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF THINKBASTIEN LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF THINKBASTIEN LTD.
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, ThinkBastien Ltd. accepts no liability for any of the following:
any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, or commercial opportunities;
loss or corruption of any data, database, or software;
any special, indirect, or consequential loss or damage.
Links to third-party websites
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All contents of this Website are ©2020 - 2023 ThinkBastien Ltd. or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”) are the proprietary property of ThinkBastien Ltd. and are either registered trademarks, trademarks or otherwise protected intellectual property of ThinkBastien Ltd. or third parties in the United States and/or other countries. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights, and other intellectual property rights. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Website without the owner’s prior written permission.
You may, for your own personal, non-commercial use only, do the following:
retrieve, display, and view the Content on a computer screen.
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of ThinkBastien Ltd.
If you are aware of a potential infringement of our intellectual property, please contact Bastien Frediani at strategy@thinkbastien.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark, or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address, and telephone number; and
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorney’s fees for any misrepresentation or bad-faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
ThinkBastien Ltd.
Bastien Frediani
strategy@thinkbastien.com
+359885122535
Ul. Mutkurova 53, vh.1 et.2 ap.5
Ruse, 7000
BULGARIA
Registration
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
You may cancel your registration at any time by informing us in writing at the address at the end of these terms and conditions. If you do so, you must immediately stop using the website. Cancellation or suspension of your registration does not affect any statutory rights.
Privacy policy and cookies policy
Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://thinkbastien.com/privacy-policy and https://thinkbastien.com/cookies-policy.
General
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements, or agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court of competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be revised or deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of Bulgaria and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Bulgarian courts.
Changes to terms & conditions
We reserve the right to make changes to these Terms & Conditions at any time. We will not provide you with any notice when we make changes to this Terms & Conditions.
ThinkBastien LTD details
ThinkBastien Ltd is a company incorporated in Bulgaria with registered number: 206020887 whose registered address is Ul. Mutkurova 53, vh.1 et.2 ap.5 Ruse 7000 and it operates the Website www.thinkbastien.com. The registered VAT number is BG206020887.
Questions
If you have any questions about our Terms & Conditions, please contact ThinkBastien Ltd. by email at strategy@thinkbastien.com.