TERMS & CONDITIONS
BY ACCESSING FIONAFLINTHAM.COM, INCLUDING ALL CONTENT, SERVICES AND PRODUCTS AVAILABLE AT OR THROUGH THE WEBSITE OR RELATED SOCIAL MEDIA PROFILES, AND BY WORKING WITH FIONA FLINTHAM YOU ARE CONSENTING TO THE FOLLOWING TERMS & CONDITIONS, AND ALL OTHER RELATED POLICIES PUBLISHED ON THE SITE, WITHOUT MODIFICATIONS, AND ACKNOWLEDGE READING THEM.
1. TERMS USED
The terms in these Terms & Conditions (T&C) shall have the following meanings:
▪ Client or You: the party using our Site or Services
▪ Agreement: a document which specifies the Services to be done by Us for You
▪ Site: www.FionaFlintham.com and any other related sites
▪ FionaFlintham.com or We: Fiona Flintham, having its office in Zug, Switzerland
▪ Service: the work to be performed by Fiona Flintham for a Client pursuant to the Agreement
▪ Blog: part of the FionaFlintham.com website with own or guests posts with possibility of the Users to comment on the posts
These T&C shall apply to
(i) all Agreements under which We are performing the Services
(ii) all Agreements arising there from and/or relating thereto between You and Us or their respective legal successors
(iii) all offers and/or proposals made by Us
Any provisions deviating from these T&C will apply only if and insofar as We have expressly confirmed their application to You, in writing.
If any clause in the T&C and /or in the Agreement is invalid or is held to be invalid, the remainder of the T&C and /or the Agreement shall remain in force to the extent possible and the invalid clause shall be replaced forthwith in consultation between the parties by a clause which reflects the intent of the original clause as closely as possible.
These T&C will also apply to Our partners or to anyone directly or indirectly engaged by Us.
3. DATA AND INFORMATION
We can start working for you only when You have submitted all data and information which we asked You for. Any additional costs that may arise as a result of delay in providing the data or information will be for Your account.
You are obliged to notify Us of any facts and circumstances that may be relevant for the Services that we are doing for You.
You guarantee that the data and information provided by or on behalf of You to Us is accurate, complete, reliable and lawful, also if such data and information have originated from third parties or have been furnished by third parties on Your instructions.
You are responsible for compliance with the applicable laws and regulations in the field of personal data protection, also in respect of the submission or provision to Us of personal data pertaining to personnel, clients or third parties, even if such data has originated from third parties or has been provided by third parties on Your instructions. We cannot be held liable for any non-performance or incorrect performance by You.
4. EMAIL AND INTERNET USE
We may communicate with each other by means of electronic mail. However, certain risks are associated with the use of internet and email, such as, but not confined to, distortion, delay, interception, manipulation and viruses. We are not liable for any damage that may ensue from the use of internet and/or email.
5. INTELLECTUAL PROPERTY RIGHTS
Any intellectual property rights developed or used by Us during the Services, including any advice, opinions, working methods, systems, system designs and computer programs, are Ours.
All content provided on the Site and in the Services, including all products and all online class and workshop materials are Our intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.
We reserve the right to immediately remove you from the Service, without refund, and to pursue all available legal remedies against you if you are caught violating our intellectual property rights.
We will observe confidentiality vis-à-vis third parties, not including our Partners, members of the Network or third parties that we engaged involved in the Services. This obligation shall not apply in the event of a statutory or professional duty to disclose the relevant information or if You have released Us from the obligation to observe confidentiality.
We will only be entitled to use the information made available to Us by You for the purpose of which it was provided.
Without Our express prior written permission You cannot disclose or make available to third parties in any other way, any report, advice, webinar, opinions of or other statements made by Us.
7. USE OF THE SITE + SERVICE
To access or use the Service and / or Site, you must be 18 years or older and have the requisite power and authority to consent to our Terms and Conditions.
Information provided on the Site and in the Service is subject to change. We make no representation or warranty that the information provided, is accurate, complete, reliable, current or error-free. We disclaim all liability for any inaccuracy, error or incompleteness in the Content and Service.
8. SUBSCRIPTION / ACCOUNT CREATION
In order to use the Site, You are required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information You give to Us will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. We reserve the right to refuse access to the Site based on your provision of inaccurate account information.
9. PERFORMANCE OF THE WORK
We determine how and by who the Services will be done. We will perform the work to the best of our ability and with due professional care. However, we cannot guarantee the achievement of any specific intended results unless explicitly stated in the Agreement.
The content, format and process for Our specific product and / or services is specified in their respective description at the time of your subscription / purchase.
Please note that coaching calls, webinars, and other audio or visual services may be recorded and can be used in the future by us for business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to [email protected]
10.FEE AND PAYMENT
You shall pay a fee and other expenses to Us in the amount and time as specified in the Agreement.
Payment shall be made in USD. For Swiss customers the payment is in Swiss Francs.
The amount shall be paid – as specified in the invoice, without any deduction, discount or set-off, by our selected third party payment provider or direct transfer to the bank account stated on the invoice and in the time specified by the invoice.
The User is responsible for any charges, taxes or additional fees applicable to the Payment in their location.
All costs incurred by Us in connection with the collection of any amounts owed by You are on Your account.
We will email You to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
If You have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email You separately to confirm that You have been accepted into the class or workshop.
12. REFUSAL OF SERVICE
We reserve the right to refuse service to any order, person or entity without obligation to assign reason for doing so. We reserve the right to limit the number of participants in any given online class or workshop. We may at any time change or discontinue any aspect or feature of the Site or Service.
13. CANCELLATIONS AND REFUNDS
Specific products and services are eligible for partial or full refund within a certain period after your subscription – as specified in their description at the time of your purchase.
Individual Agreements are refundable only to the proportion until which the work has not yet been carried out.
14. SUBMITTED MATERIALS
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with You. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Us from any claim against Us resulting from your posting of Materials to the site. For all Materials submitted by You to the Site, You automatically represent or warrant that You have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
We reserve the right to remove from the site any Materials submitted by You that We deem inappropriate for the Site or that appear to violate these Terms and Conditions.
We do not claim ownership of Material You supply to us. However, the act of posting Material to the Site conveys an irrevocable, worldwide license to Us to use and distribute the posted Material in connection with our website and any related publications.
15. LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by You or someone acting on your behalf through the Site.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
You agree that under no circumstances are We liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, we are not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
Our liability is limited to the fullest possible extent permitted by law. In no event shall our cumulative liability to you exceed the total purchase price of the Service you have purchased from us, and if no purchase has been made by you our cumulative liability to you shall not exceed 100 CHF.
Any and all claims against Us, regardless of their nature, shall expire one year after the date You have become aware or could reasonably have become aware of the existence of such claim.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to You by Us posting the new Terms and Conditions on the Site. Any use of the Site or Service by You after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
18.THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that We are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold Us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by You of any of these Terms and Conditions, or any use by You of the Site or Service. You shall provide Us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing Us with such information, documents, records and reasonable access to You, as We deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
20.CHOICE OF LAW AND JURISDICTION
All Agreements between You and Us shall be exclusively governed by Swiss law.
Disputes shall be submitted to the competent court in the place in which Our registered office is situated. If we mutually agree in writing otherwise, a different manner of dispute settlement may be selected.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
War, industrial action, blockade, lock-out, intervention by public body, fire, explosion or any other circumstance beyond the parties’ reasonable control, exempts the parties from fulfilling their obligations under the Agreement, to the extent it prevents the fulfilment of the Agreement or makes such fulfilment unreasonably burdening. If a completion date has been set such date is suspended. The parties bear their own expenses resulting from the extraordinary circumstances.