Terms and Conditions

Welcome to Hintsay and thank you for visiting our website.

When you use our products and services, you're agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions before using our website.

IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.

These Terms and Conditions of Service and Use are hereby made effective or 'we' or 'us' or 'our' or 'Site' or 'Company', and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of Hintsay, hereby amend and restate any such prior terms and conditions.

SECTION 1- ACCEPTANCE

By clicking 'I AGREE' and/or simply by using or accessing our services and this website, you hereby agree,

(a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,

(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Hintsay, as each may be amended or supplemented from time to time in our sole discretion without notice;

(c) that your use of our services and our website shall comply with all applicable national, federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.

SECTION 2- PROPRIETARY RIGHTS
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the site, and all materials and content related to our programs even if the materials or content are not accessed through the site. Your use of the site does not grant to you ownership of any content, software, code, data or materials you may access on the site.

SECTION 3- PROHIBITED CONDUCT

Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:

  1. Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
  2. Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes, and similar marketing concepts;
  3. Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
  4. Not to solicit personal information of another person or request or obtain access to an account of another person;
  5. Not to bully, intimidate, or harass any person;
  6. Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
  7. Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial-of-service attack;
  8. Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
  9. Not to facilitate or encourage any violations of these Terms and Conditions;
  10. Not to issue chargeback disputes against us;
  11. Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
  12. Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or 'mirror' the Site, or any portion thereof, on any other server;
  13. Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof.

SECTION 4- PRICING AND SUBSCRIPTIONS

Product and service descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. We reserve the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalogue, please let us know.

Prices for products and services are liable to change at any time, but changes will not affect contracts which have come into force. If you dispute any payment made to us you must contact us immediately and provide full details of your claim.

By starting your subscription and providing or designating a payment method, you authorize us to charge you on a recurring subscription fee at the current rate. We reserve the right to adjust pricing for the subscription plans in any manner and at any time as we determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and Conditions, any price changes to your subscription will take effect following email notice to you.

You acknowledge that your monthly/ 6 month/ 12-month subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then-current subscription rate.

SECTION 5- PAYMENTS AND REFUNDS

A valid credit card is required for paying accounts. The Service plans have a one-time setup fee which is billed in advance on a monthly basis. The fee is fully non-refundable for all plans, whereas the subscriptions can be cancelled during the service period.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

For any upgrade or downgrade in subscription, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Hintsay does not accept any liability for such loss.

SECTION 6- CANCELLATION

You are solely responsible for properly cancelling your subscription. All of your Content (text and files) will be on Hintsay servers for a certain period but your account information may not be recovered once your subscription is cancelled.

If you cancel the subscription before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again, but you are responsible for all charges you have previously incurred.

SECTION 7- PERSONAL RESPONSIBILITIES

Hintsay is not an agent of either you. Our services are only administrative. You agree you will rely on your own judgment and research independent of any communications or information you receive from Hintsay in deciding which available services, terms and plans best suits your needs and situation.

SECTION 8- LIMITED LICENSE
You may access and view the site on your computer or other internet compatible device for your personal, non-commercial use only. To the extent you need to download software or documentation to use the products or services on the site, we grant you a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such license will terminate when you no longer use our services.

SECTION 9- ONLINE PAYMENTS

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honoured by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

SECTION 10- EXTERNAL LINKS

From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link that may have gone 'bad'.

Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their 'Terms of Service' before engaging in any business or uploading any information.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

SECTION 11- LIMITATIONS ON USE

You may not reproduce, resell, or distribute our subscriptions or services for any purpose unless you have been specifically permitted to do so under a separate agreement with Hintsay. You may not sell or enable any third parties to resell the products purchased by You, display on any website, or otherwise publish the services or any Content obtained from a Service or otherwise generate income from the services or use the services for the development, production or marketing of a service or product substantially similar to our services.

SECTION 12- INDEMNIFICATION

You agree to defend, indemnify, and hold us and our directors, officers, employees, and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the site or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our 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 with our defense of such claim.

SECTION 13- DISCLAIMER OF WARRANTIES

(a) THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE SITE, IS PROVIDED 'AS IS,' 'AS AVAILABLE', WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

(b) WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE SITE OR SERVICES (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.

SECTION 14- LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE 'PROTECTED ENTITIES') BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.

SECTION 15- TERMINATION

We may terminate, change, suspend or discontinue any aspect of the site or the site's products or services at any time. We may restrict, suspend, or terminate your access to the site and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.

SECTION 16- MAINTENANCE

We may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's access to the Website (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the we shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur.

SECTION 17- COMMUNICATION

If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions, or special offers from us.

SECTION 18- WAIVERS

Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

SECTION 19- FORCE MAJEURE

Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.

SECTION 20- GOVERNING LAW AND JURISDICTION

These Terms and Conditions will be governed by and construed in accordance with Dutch laws, and the courts of the Netherlands will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

SECTION 21- BINDING ARBITRATION AGREEMENT

In the event of any controversy, claim or dispute between the parties arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, conscionability, or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by mandatory, binding arbitration. The parties agree that the arbitration shall be administered by the Dutch Arbitration Association ('DAA') pursuant to its rules and procedures and an arbitrator shall be selected by the DAA. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator's award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost (not any attorneys' fees) of arbitration equally. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury or to use the court system except to enforce this section. It also means that both parties give up the right to appeal from the arbitrator's ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.

SECTION 22- DMCA TAKEDOWN PROCEDURE

Hintsay will always respect the intellectual property of others, and we ask that all of our users do the same. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

  • The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  • A description of the location of the site which you allege has been infringing upon your work;
  • Your physical address, telephone number, and email address;
  • A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
  • A statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

SECTION 23-COPYRIGHT

©2022 Hintsay. All rights reserved. All materials presented on this site are copyrighted and owned by us, or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.

SECTION 24- MODIFICATIONS

We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the site and/or the products or services offered on or through the site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.

SECTION 25- ACCEPTING THIS TERMS OF USE

You hereby accept the fact that you have read, understood and are willing to abide by the terms and conditions laid down in this agreement. You further agree that the terms and conditions set out under this agreement are fair, reasonable, and just given the matters set out under this agreement and you waive any and all rights to have any claims against us on grounds set out above.