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TERMS OF PURCHASE

TERMS AND EXPRESSIONS

For the purpose of these Terms of Purchase, the terms and conditions written in capital letters shall be adopted and carry the following meanings:

(a) HOTMART - The online platform aiming to approximate PRODUCERS, AFFILIATES, and potential BUYERS interested in the CONTENT promoted by means of the technological tools available on the platform;

(b) DIGITAL PRODUCT - Content in varied digital formats (video, audio file, text, software, etc.) created by the PRODUCER or a third party who has authorized PRODUCER granting exclusive rights to market it, which is made available by PRODUCER to release, promote, and market upon using the technological tools available on the HOTMART PLATFORM;

(c) PRODUCER - User who owns the intellectual property rights to a CONTENT or who has a valid license to market with exclusive rights the CONTENT and who uses the technological tools on HOTMART to make feasible the release, promotion, and market of said CONTENT. Users who act in partnership with the main PRODUCER will also be considered PRODUCERS.

(d) AFFILIATE - User who registers on HOTMART program of CONTENT promotion, and, by using the technological tools in the HOTMART PLATFORM, releases CONTENT made available by a given PRODUCER on websites, blogs, web pages, social media, etc. and is paid commission if any business is completed due to his promotional actions;

(e) BUYER - User who purchases CONTENT by using the technological tools made available on the HOTMART PLATFORM.

GENERAL GUIDELINES

Any additional information about the DIGITAL PRODUCT shall be raised by the BUYER directly with PRODUCER after the purchase. BUYER will receive the email to contact PRODUCER;

BUYER’s contact information, such as email, telephone number, etc. may be provided to PRODUCER and/or PRODUCER’s promotion partner, the AFFILIATE;

BUYER is the sole responsible for providing, at the time of the purchase, the required information (e.g.: name, email, etc.), which are both valid and up-to-date, whereas the adequacy of these is indispensable for the delivery of the DIGITAL PRODUCT purchased. Therefore, BUYER exempts HOTMART and PRODUCER from liability both concerning problems in access to the content and the product not being delivered if this derives from the incorrect insertion of data at the moment of the purchase.

This purchase can be annulled and/or have the Affiliate commissions cancelled if it is identified that the Affiliate is making the purchase from his own Affiliate link or if the BUYER information is not totally filled out with real information about the BUYER;

If the purchase is started by a BUYER who has already made more than one refund request to HOTMART, the purchase might not be approved;

The conclusion of the purchase confirms the awareness and agreement of the BUYER regarding these Terms of Purchase.

For problems and questions about the purchase, such as payment options, product access, refund, and support in general, we require the BUYER to get in touch with our support at the email soporte@hotmart.com.

To solve questions specifically related to the content of the DIGITAL PRODUCT purchased, BUYER shall get in touch with PRODUCER and his team.

The purchase will show on your credit card invoice as purchased at HOTMART, however, it is worth emphasizing that this is a mere identification on the credit card invoice, once the DIGITAL PRODUCT has not been created by HOTMART, which holds no responsibility for it content, functionality, characteristics, offers, and publicity.

DELIVERY OF THE ACCESS INFORMATION

The deadline to deliver the DIGITAL PRODUCT may vary according to the payment method, for example:

  • Bank Slip Payments (limited to some countries), up to 72 hours;
  • Credit Card, up to 24 hours;
  • Direct Debit (limited to some countries), up to 8 hours.

PURCHASE REFUND

The deadline to cancel the purchase from 7 to 30 days set by the PRODUCER to his DIGITAL PRODUCT runs from the moment the sale is complete. Therefore, the BUYER is responsible for checking, immediately, if the access to the DIGITAL PRODUCT purchased was granted. To this end, if there is any technical problem duly proved by the BUYER to access the content purchased, the cancellation deadline will be on hold until the problem is solved, when it will start counting from where it had stopped.

In the case of refund, the BUYER may be refunded through direct debit or refund on the credit card, depending on the payment method used at the time of the purchase. The refund can take up to 30 days to be credited in the case of direct debit and, from 30 to 60 days when it’s refunded through credit card.

Refund requests imply the return of the full amount of the purchase and never in parts. This applies to all the products made available through the HOTMART PLATFORM by PRODUCERS.

OBLIGATIONS OF HOTMART

HOTMART is a platform for the distribution of DIGITAL PRODUCTS without any employment relationship or of any other nature but the rendering of services of technology and digital distribution to PRODUCERS. Therefore, HOTMART is not legally nor financially liable for the DIGITAL PRODUCT purchased since its content, functionality, quality, offer, and promotion are of full responsibility of PRODUCER who created it and made it available through the platform.

By completing the purchase, BUYER agrees and accepts in full and without restrictions HOTMART’s Terms of Use and Privacy Policy, whose complete version can be accessed in this link. Therefore, the reading of said documents is highly recommended.

BLOCKED ACCESS AND DENIED PURCHASE

BUYER agrees that HOTMART may, at its sole discretion, block preventively their access to the PLATFORM, whenever it becomes aware of any indication of an act or conduct that may be characterized as illegal practice, violation of the Terms of Use and Privacy Policy of HOTMART’S PLATFORM or that represents a violation of the rights of USERS or third parties. Preventive blocking shall be maintained until (i) it is established that the suspected act or conduct did not characterize an unlawful practice, based solely on the criteria and assessment of HOTMART; or (ii) the parties formally settle the matter amicably or (iii) by court order or as determined by administrative authorities. If the illegal nature of the conduct is confirmed, the preventive measure will be converted into a definitive ban, which will not generate the right to the BUYER of reversing any amounts paid.

In addition, if the purchase attempt is initiated by a buyer who (i) has already made more than one refund request from HOTMART; and/or (ii) have their name or identity linked to public or private lists intended to identify persons involved in illegal/irregular activities; and/or (iii) in case HOTMART verifies that the BUYER has atypical and suspicious behavior or actions that may jeopardize the rights of USERS or third parties.

EXEMPTIONS AND LIMITATIONS OF HOTMART’S LIABILITY

THE HOTMART PLATFORM and associated parties shall not be liable for any loss of profits, consequential damages, punitive damages or for special or indirect damages arising out of or relating to our Terms of use or our services, even if we were advised of the possibility of the occurrence of such damages. The laws in some states or jurisdictions do not allow the exclusion or limitation of certain indemnities, so some or all of the exclusions and limitations set forth above may not apply to specific buyers and users. Notwithstanding anything contrary in our terms, in such cases, the responsibility of the HOTMART PLATFORM shall be limited to the amount spent on the purchase made.

The services and features provided through the HOTMART PLATFORM are provided as is, without any expressed or implied warranty, including, but not limited to, warranties of merchantability, fitness for a particular purpose, property, non-infringement, and protection against computer viruses or other harmful codes.

The HOTMART PLATFORM does not assume any liability for the uninterrupted availability of its applications and the BUYER acknowledges that as a result of operational issues, the applications and systems are subject to possible interruption, technical failure and temporary unavailability problems, without such operational issues giving rise to any right to compensation at any time, constituting a case of force majeure, excluding liability.

OBLIGATIONS OF PRODUCER

The creator of the DIGITAL PRODUCT (PRODUCER) is solely and exclusively responsible for the DIGITAL PRODUCT in all legal and financial matters. Any out-of-court or legal questioning about the content of the DIGITAL PRODUCT purchases, its characteristics, quality, features, offer, and advertisement must be done directly with PRODUCER through the email address provided or another contact method available.

There is a warranty period from 7 to 30 days ensured by PRODUCER to request the cancellation of the purchase in case of any defect/inconsistency of the PRODUCT.

PURCHASES THROUGH SMART INSTALLMENT (LIMITED TO SOME COUNTRIES)

If the purchase of the DIGITAL PRODUCT was made through Smart Installment, according to the offer and policies created under the responsibility of PRODUCER, BUYER is hereby aware that the noncompliance with any of the installments will incur in the access block to the DIGITAL PRODUCT purchased. Furthermore, BUYER who did not fulfil his obligations may be prevented from making new purchases of DIGITAL PRODUCTS registered on the HOTMART PLATFORM.

PURCHASES IN FREE TRIAL PERIOD

If the DIGITAL PRODUCT is made available in Free Trial Period, as per clarification this mode represents a free usage period. This period (Free Trial Period) will have the duration established by PRODUCER and has the sole purpose of allowing interested parties to try the digital content within the established period.

It is worth emphasizing that if BUYER does not formally cancel the Free Trial Period at the end of its deadline, PRODUCER responsible for the DIGITAL PRODUCT will start automatically charging for the payment referring to the subscription of the DIGITAL PRODUCT, whose purchase will be regulated by the Terms of Purchase herein.

PURCHASES OF TICKETS FOR EVENTS

When it comes to the purchases of tickets (electronic tickets) to participate in an event created by the PRODUCER as an organizer, under their exclusive responsibility, the following rules and conditions are applied:

  • For purchases of tickets, rules for the refund of the amount paid, requested due to purchase regret, are defined by the PRODUCER. Thus, to confirm the specific ticket rules to be purchased check this information on the ticket sales page or contact the responsible PRODUCER
  • Please note that in some cases the PRODUCER will only accept the refund request if it is made by the BUYER within seven (7) days from the date of purchase and provided that the return request is made at least 48 (forty-eight) hours prior to the event start time. Therefore, be aware and carefully read the policies and rules of the event provided by the PRODUCER;
  • Refund requests for tickets made on the day of the event or/and after the check-in has been made, by the BUYER, will not be authorized;
  • If the BUYER decides to make an upgrade to the ticket previously purchased, that is, to change it for a ticket with different characteristics from the original ticket, it is hereby established that the refund period is still bound to the date of purchase of the original ticket, not suffering any changes due to the upgrade made;
  • It is the PRODUCER’s exclusive responsibility to cover the costs of refund to all BUYERS if the event does not happen, for any reason, as it was promoted. However, it is assured to HOTMART the right of recourse against the organizing PRODUCER for any amounts HOTMART is made to pay to the BUYERS due to any claims, disputes or administrative proceedings, be them judicial or extrajudicial.
  • Please note that in case of Tickets for Events, VAT will be charged according to the rules and regulations of the country of the event.

CANCELLATION OF TRANSACTIONS PAID VIA PAYPAL

Purchases paid via PayPal (https://www.paypal.com) may be cancelled by the BUYER, with a respective refund requests, as long as the refund period of each product is respected, in the following manner, for each kind of transaction:

(i) The cancellation and refund of a purchase may be made through one of the ways described below:

  1. The BUYER may require the cancellation and refund directly via the HOTMART Platform, through the link https://purchase.hotmart.com/refund/transaction;
  2. The BUYER may also directly contact the PRODUCER responsible for the DIGITAL PRODUCT acquired, and request the cancellation and refund. In this case, the PRODUCER will carry out the procedure through the HOTMART Platform.

For any of the cases mentioned above, HOTMART will contact the BUYER, via the email registered on the Platform, requesting the complete bank details to make the refund. Therefore, it is indispensable that the BUYER provides to HOTMART complete and correct banking information to enable the refund. If the BUYER fails to provide correct information, HOTMART is not held responsible for not making the refund.

(ii) The cancellation of a subscription (monthly recurrence) may be made through one of the ways described below:

  1. The BUYER may require the cancellation and refund directly via the HOTMART Platform, through the link https://purchase.hotmart.com/;
  2. The BUYER may also directly contact the PRODUCER responsible for the DIGITAL PRODUCT acquired, and request the cancellation and refund. In this case, the PRODUCER will carry out the procedure through the HOTMART Platform.
  3. Finally, in the case of subscription, the BUYER can make the cancellation directly through his or her account on PayPal.

It’s important to highlight that the cancellation of a subscription does not mean that a purchase will be refunded. Therefore, to cancel a purchase, request a refund and cancel a subscription, the BUYER must follow both procedures, when applicable.

PURCHASES MADE IN THE EUROPEAN UNION

If the purchase is performed by a subject located in the European Union, a valid VAT identification number may be provided by BUYER, in order to identify itself as a business customer and, therefore, as a VAT taxable person. However, if BUYER does not provide a VAT identification number or a valid VAT identification (you can verify it on: http://ec.europa.eu/taxation_customs/vies/vatResponse.html) within reasonable time, Hotmart B.V will consider it as a non-taxable person. In this aspect, you, BUYER, agree that a 15 (fifteen) days period, after the purchase request, will be considered reasonable time to provide a valid VAT identification number, if applicable. ​