Terms & Conditions - Animalchemy Retreat Services

RETREATS Terms & Conditions

In my heart, I don’t believe anybody should need T&C’s. I will do everything possible to help in any way possible so that we can all have a great experience in respect of each other. I value and honor my relationship with all beings so I will always apply my heart qualities to anything I do. However, just to be on the safe side with someone that may not share my views, please read these terms and conditions carefully – they are important.

These Terms and Conditions form the basis of the contract between Animalchemy hereafter referred to as “Animalchemy” and the participant, hereafter referred to as “participant”. No modifications to the Terms and Conditions will be accepted.

Participant Information

1.1 The participant is required to complete a Traveler’s Information Sheet upon booking on the retreat. This document must be completed and signed within 14 days from the date the booking is made. The participation of the participant on any retreat or workshop will be declined in the absence of the signed documents, with no refund given.

1.2 The participant is responsible for providing correct information regarding personal details.

Animalchemy will not be responsible for costs incurred due to incorrect, incomplete or inaccurate information.

2. Payment

2.1 A non-refundable deposit is required to reserve a place for the participant on a Animalchemy retreat/workshop. Deposit payments may be made by bank transfer or by credit or debit card through the link provided on the website. All payment processing fees, including but not limited to PayPal-Stripe fees and bank transfer fees, have to be paid by the participant.

2.2 Where a deposit has been paid to secure a booking, the balance of the retreat/workshop fee is due 90 days prior to the commencement of the retreat. Payments may be made by bank transfer or by credit or debit card through the link provided on the website. All payment processing fees, including but not limited to PayPal, Stripe fees and bank transfer fees, have to be paid by the participant. Should this final payment fail to reach Animalchemy or its agent by the date specified then Animalchemy reserves the right to treat the booking as canceled and retain the deposit.

3. Cancellation and Refund Policies

3.1 The following payment, cancellation and refund policy will apply in the case of individual bookings or group bookings specific payment, cancellation and refund terms can be negotiated and agreed upon by separate contract. In the case of cancellation of a booking, which must be done in writing by the participant, the following terms will apply:

· Cancellation received up to 180 days prior to departure: there will be a full refund of the deposit received less a €500 EURO per person processing fee.

· Cancellation received between 179 and 120 days prior to departure: there will be no refund of the deposit paid.

· Cancellation received between 119 and the departure date: there will be no refund whatsoever. Animalchemy shall not be liable for any special or consequential damages, whether known or unknown, neither for any costs of air ticket, hotel or similar expenses that the participant may have incurred in or will incur in, under any circumstances whatsoever.

3.1.1 No partial refunds are made for unused services or portions of a retreat/workshop for any reason whatsoever. Retreats/workshops are sold as a package only. This policy also applies to retreat extensions. Cancellation fees are not transferable.

3.2. Prices

The prices of retreats/workshops are indicated in Euro. Prices quoted are based on tariffs, exchange rates in effect at time of publication and are subject to change prior to departure. Substantial changes in taxes, tariffs, exchange rates or other reasons can increase the cost of the retreat arrangements significantly. Animalchemy reserves the right to alter prices or introduce surcharges accordingly, even when payment has already been received in full.

3.2.1 Should a change in price become necessary, the participant will then have the choice of accepting the change, transferring to an alternative retreat/workshop (and where this is of a lower price Animalchemy will refund the difference) or withdrawing from the contract and accepting a refund of all monies paid to Animalchemy, always considering the cancellation policy. Animalchemy is not responsible for any expenses incurred by the participant relating to this clause.

3.2.2 Where an alteration is necessary and the alteration constitutes a substantial change to the retreat/workshop described in the Information Pack then the participant will then have the choice of accepting the alteration, transferring to an alternative retreat/workshop (and where this is of a lower price Animalchemy will refund the difference) or withdrawing from the contract and accepting a refund of all monies paid to Animalchemy always considering the cancellation policy. Animalchemy is not responsible for any expenses incurred by the participant relating to this clause.

3.3 Animalchemy reserves the right to make any changes deemed necessary to the itinerary or to substitute hotels, modes of transport, vessels, or guides to those mentioned in the literature.

3.4 Animalchemy makes a best effort to accurately price retreats in advance but due to the nature of operating these types of retreats/workshops prices are subject to change at any time. Where a price change is necessary the terms detailed in clause 3.2 (above) will apply.

3.5 The receipt of a deposit does not imply acceptance of a booking. Animalchemy will confirm acceptance of the booking in writing and it is at the time Animalchemy sends out this confirmation that a contract comes into existence between Animalchemy and the participant.

4. Logistics

4.1 In the event of the specified tour leader being unable to attend due to illness or other circumstances beyond the control of Animalchemy then another tour leader will be provided.

4.2 Where airport and/or hotel transfers are included in the cost of the retreat/workshop, such transfers are only guaranteed when the participant travels on the flight(s) specified by Animalchemy. Animalchemy will always seek to accommodate the participant arriving or departing on different flights. However, when this is impractical, the participant will be responsible for his or her own transfer costs and arrangements.

4.3 In the event that Animalchemy is unable to provide after departure a significant proportion of the services the participant has booked, then Animalchemy will make alternative arrangements for the participant at no extra charge.

4.4 If the participant has special dietary or other requests then he or she should inform Animalchemy of these requirements prior to departure. Animalchemy will advise the relevant people of the requirements of the participant but Animalchemy cannot guarantee that such requests will be met and will have no liability to the participant if such requests are not met.

4.5 The type of retreat/workshops Animalchemy offers requires flexibility on the part of the participant and the participant must allow for alternatives. For this reason the itinerary and retreat /workshop description must be taken as an indication of what may take place on the retreat/workshop and not as a contractual obligation on the part of Animalchemy.

4.6 Refunds will not be given for unused hotel rooms, meals, unused rental equipment, missed days due to late arrival or any other modified retreat arrangements for any reason whatsoever. Retreat/workshop costs are quoted as a package and credits are not given for services not used by the participant.

5. Travel arrangements and delays

5.1 All travel to and from the retreat/workshop starting point is the sole responsibility of the participant.

5.2 The cost of delays is not included if any retreat/workshops must be delayed due to bad weather, transportation delays, government intervention, sickness or other contingency for which Animalchemy cannot make provision. The retreat/workshop start and end dates will not be extended in the event of a late arrival. The participant is not entitled to a credit or refund should the retreat be of a shorter duration than planned as a result of late arrival, regardless of cause.

6. Compulsory withdrawals and declined bookings

6.1 Animalchemy reserves the right to require the participant to withdraw form a retreat/workshop at any time if the retreat/workshop leader deems his or her actions or conduct to be detrimental to the operation of the retreat/workshop or incompatible with the interests, harmony, comfort or welfare of other participant.

6.2 The participant must at all times follow the instructions of the retreat/workshop leader, guides and staff. Should an individual be overly confident, eager or reckless in approaching an animal, the participant may be withdrawn from the retreat/workshop. Any fines imposed by Government or other legally recognized authorities and levied due to the actions of the participant shall be the sole liability of the participant.

6.3 Any expenses incurred due to the participant’s removal from a retreat/workshop will be the responsibility of the participant. In such cases, no refund or credit will be payable or due to the participant. In the event a participant decides that he or she would like to leave the retreat early, all costs will be at the participant’s expense and no refund or credit will be given.

6.4 Should Animalchemy be charged with fines by any wildlife officer or authority due to the reckless behaviour of the participant, these fines will have to be paid by the participant.

6.5 Animalchemy reserves the right to cancel the participant booking at any time and for any reason whatsoever. Animalchemy’s decision to cancel a booking on any retreat/workshop shall be at its sole an absolute discretion. Should Animalchemy cancel a booking it will refund all payments received from the participant and this will be the limit of Animalchemy’s liability.

6.6 Any expenses incurred by the participant relating to a declined booking shall be the responsibility of the participant.

7. Losses and liability

7.1 Animalchemy does not accept liability for any loss or additional expenses incurred by the participant and caused by delay or interruption to travel services for any reason including but not limited to weather, civil disturbance, industrial action, strikes, wars, environment or sickness. Such losses or additional expenses are the responsibility of the participant.

7.2 Animalchemy does not accept responsibility or liability for death, bodily injury or illness caused to the participant or any other person included in the booking unless arising from the negligent act of Animalchemy, Animalchemy employees (whilst acting in the course of his or her employment). Any claims shall be subject to English law in respect of any question of liability or quantum and all proceedings shall be within the exclusive domain of the Swiss courts.

7.3 The participant must communicate any perceived failure in the performance of this contract immediately to the tour leader thus giving the tour leader the opportunity to achieve a satisfactory solution. Should this not be possible then the participant should make his or her complaint known to Animalchemy in writing within 28 days of the completion of the retreat/workshop.

8. Insurance

8.1 Animalchemy does not carry health, life, property, travel or injury insurance for the participant. The participant is strongly advised to obtain appropriate travel insurance prior to commencement of the retreat/workshop that should include extended medical insurance, emergency evacuation, cancellation due to Foreign & Commonwealth Office or other competent warnings not to travel, cancellation and personal property.

8.2 The participant is responsible for any medical expenses they incur. Animalchemy will not pay for any expenses incurred by the participant for medical reasons.

9. Responsibility

9.1. Animalchemy is not responsible for any expenses incurred by the participant in preparing for the retreat including non-refundable or penalty-carrying airline tickets, special clothing, visa or passport fees or other voyage related expenses.

Participant should understand that there are certain known and unknown hazards involved in travel in general, which they accept willingly and voluntarily at their own risk at the moment of forwarding the deposit. Animalchemy will not be liable for any illness, injury or death sustained during a tour, nor will it be liable for any uninsured loss or damage of property of any participant, whether caused in whole or in part by the negligence of the owners, directors, agents, officers, employees, contractors or subcontractors of Animalchemy, or those acting as its agents.

9.2. Animalchemy shall not be responsible for any injury to persons (whether or not resulting in death) or damage to property arising out of any act of war, terrorism, insurrection, revolt or other civil or military uprising occurring in the countries of origin, destination or passage. Animalchemy can assume no liability due to any cause whatsoever whether caused by failure or delay or other irregularity, acts or omissions occurring during a tour under which the means of transportation or other service provided thereby is offered or supplied by owners, operators or public carriers for whom Animalchemy acts only as agent.

10. Health

10.1 The participant must be in general good health to participate in a Animalchemy retreat/workshop and advise upon booking of any illnesses.

10.2 Animalchemy takes no responsibility for any special arrangements required by the participant if he or she is physically unable to complete a retreat/workshop and assumes no liability regarding the provision of medical care.

11. Travel documents

11.1 For overseas travel the participant must be in possession of a valid passport and all necessary visas, permits and certificates, including medical certificates, for the whole of the journey and the participant accepts responsibility for obtaining the same. All information and advice given by Animalchemy on visas, vaccinations, climate, clothing, baggage, special equipment, etc. is given in good faith and should not be taken as being complete or wholly accurate.

12. Accommodation

12.1 Unless otherwise stated accommodation is provided based on two people occupying a twin or double room.

12.2 If the participant is a single traveler wishing to share accommodation Animalchemy will try to match him or her with a roommate of the same sex. If no roommate is available the participant will be roomed in a single room or twin or double room for sole occupancy and no single supplement will be charged.

12.3 If the participant requests a single room, where a single room is available a single supplement will be charged.

13. Itinerary

13.1 Animalchemy’s itineraries are intended as an example only. The participant should allow for flexibility due to changes in weather, the environment, wildlife, cultural events or other logistical arrangements. While every effort will be made to adhere to the planned itinerary, it must be realized that with this type of adventurous travel, sometimes takes place in remote areas where changes to the itinerary are to be expected.

13.2 Any changes to the itinerary are made at the sole discretion of Animalchemy, the retreat /workshop leader, our agents or staff and come under the terms specified in clause 3.2 (above).

14. Images & wildlife

14.1 Animalchemy marketing and information materials contain photographs that depict typical locations, scenes and animals that may be viewed on a Animalchemy retreat/workshop. Photographs may not depict animals photographed at that specific location and the sightings of wildlife on any retreat can vary and are not guaranteed.

15. Photography

15.1 Animalchemy reserves the right to take photographic or video records on all retreats/workshops and the participant grants Animalchemy permission to use such images and video for promotional purposes. Should the participant not grant permission, the participant is required to let Animalchemy know in writing before the beginning of the retreat/workshop.

16. Group size

16.1 The maximum nuAnimalchemyer of participant on a retreat/workshops does not include the leaders, guides, camp staff or retreat medic (if applicable).

16.2 Should only one space remain on a retreat/workshop, it is Animalchemy’s policy to accept two persons traveling together, even if it exceeds the stated retreat maximum.

16.3 Animalchemy may host multiple groups operating independently from a common base camp, with separate guides.

17. General

17.1. These retreats are intended for persons in reasonably good health. By forwarding the deposit the participant certifies that he/she does not have any physical or mental conditions or other condition or disability that can create a hazard to himself/herself or other participant. By submitting a deposit the participant:

· Declares under his/her sole and unique responsibility that the information contained in the form is true, complete, and updated to the time of travel and that he/she is fit and fully able to participate in the retreat, is able to take care of himself/herself during the retreat and will not be an obstacle for the enjoyment of the trip for all other participant;

· Accepts that the retreat may take him/her to remote areas without sophisticated medical facilities and understands that medical attention in such locations is limited.

Undertakes to ensure that for the duration of the retreat, including possible delays, he/she will carry any and all necessary medications, and in sufficient quantity, to prevent, counter, or remedy any effects on his/her health that could be caused by his/her medical condition;

· Understands and accepts that Animalchemy and its providers cannot, and will not, be held responsible or liable for any possible consequences resulting from his/her health condition during or after the program, and specifically for any food, beverage, ingredient, or any other substance that could cause a direct or indirect allergic reaction;

17.2 By booking the retreat the participant confirms the acceptance of the retreat/workshop leader’s authority to make decisions affecting the group or individuals. For instance, such leader may require an individual to leave the group if he or she believes that person’s health is at risk, if an illegal act is committed, or their behaviour becomes detrimental to the safety, enjoyment or well being of the group. Should Animalchemy or anyone acting on their behalf be required to incur legal fees and costs to enforce this agreement, the participant agrees to indemnify and hold them harmless for all such fees and costs. This agreement and any disputes hereunder shall be governed by and construed in accordance with Swiss laws. In the event a lawsuit is filed, the participant agrees to do so solely in Switzerland.

18. Use of Personal Data

18.1 Participant’ personal data collected by Animalchemy are used exclusively to provide the services of

the retreat/workshop booked, and to manage the participant’s security, safety, and wellbeing during the retreat. As necessary, data will be shared with third party service providers, such as transportation, accommodation, and insurance providers, who collaborate with Animalchemy on the delivery of the retreat. Data will also be shared with authorities as required by law, regulation, or court orders.

19. Declaration

By paying the retreat/workshop deposit or fee the participant acknowledges and confirms that they have read and understood these Terms & Conditions in their entirety and agrees to accept all of the above conditions. The participant also confirms that these Terms & Conditions will be binding on his or her heirs, next of kin, executors, administrators and successors, and that this is the entire understanding between the participant and Animalchemy and cannot be modified or changed in any way by any statements or representations by the participant or by Animalchemy. The person who makes the payment does so on behalf of all the individuals included in the booking so that all are bound by the booking conditions.

Animalchemy’s Courses Terms and Conditions

You and the Animalchemy, the service provider, enter an agreement pursuant to, and in accordance with, these terms and conditions and agree as follows:

Definitions

Unless the context requires otherwise and unless explicitly defined elsewhere in this Agreement, capitalised terms and expressions in this Agreement are defined terms and expressions which shall have the following meaning:

1. 1. “Agreement” means these terms and conditions together with the contents of the Registration Form (upon submission by You);
  2. “Confidential Information” means, in relation to a Party, all information (whether the information is in oral or written form or is recorded in any other medium):
    1. about or pertaining to the business of that Party, its affiliates, or their respective clients, suppliers, or business associates (including but not limited to information on products, technology, IT operations, intellectual property rights, know-how, financial information, and personal data), which is disclosed to the other Party, its affiliates or their respective personnel or contractors (or personnel of a contractor), or which is acquired by or otherwise comes to the knowledge of the other Party) in connection with the Course Content;
    2. the contents of this Agreement;
    3. all information identified by a Party as confidential; and
    4. all other information of which the other Party knows or should reasonably know to be of a confidential nature;
  3. “Course Content” means all content made available to You which includes, but is not limited to, text, images, photos, posts, logos, marks, graphics, designs, files, services, products, videos, audio, software, applications, computer code, metadata, downloads, and all other information and materials on and contained in the Platform or otherwise by or on behalf of the Service Provider to educate You on the end of life of our animal friends under the name of the Walk Your Pet Home Masterclass, The Sacred Pet Death Doula Masterclass and the Doula Mastery & Sacred Business Masterclass;
  4. “Parties” means You and the Service Provider;
  5. “Party” means either of the Parties;

[“Platform” means the website of the Service Provider with the URL [www.petwise.world] on which the Course Content is made available to You ;]

1. 1. “Registration” means the moment You submit the Registration Form and create Your Account;
  2. “Registration Form” means the registration form provided via [www.animalchemy.com] or otherwise to You by the Service Provider to register for access to the Course Content;

[“Service Provider” means Monique Brignoni acting in the name of the sole proprietorship, Animalchemy & PetWise; and]

1. 1. “You” or “Your” means any (natural or legal) person who has agreed to and is, therefore, bound by this Agreement.
Age
1. You represent and warrant that:
  1. You are at least 18 years of age; or
  2. if You are the age of 13 years or older but younger than the age of 18 years, You have been given the prior consent (one of) Your parent(s) or legal guardian(s), to enter this Agreement.
2. The Service Provider makes no representation that the Course Content is available or appropriate for use by individual persons below the age of 18.
3. If You are younger than the age of 13 years, the Service Provider does not permit You to access Your Account, the Platform, or the Course Content.
Account
1. In order to access the Platform and the Course Content, You are required to create a user account at Registration (hereinafter referred to as; Your “Account”).
2. By creating Your Account, You represent and warrant that all information provided for the creation of Your Account is accurate, complete, and current. You agree to maintain and update, as soon as reasonably possible, Your Account information so that it remains accurate, complete, and current.
3. In order to create Your Account, You may be required to choose a username and/or password. You are responsible for keeping Your username and password confidential.
4. Your Account may be used by You only. You may not provide access to Your Account or in any way make Your Account or any information relating to Your Account, including, but not limited to, Your username and password, available to any third party.
5. Regardless of whether a third party is or was authorised by You to access or use Your Account, You are and remain at all times responsible for any and all use of Your Account and that any and all use of Your Account is fully compliant with the provisions of this Agreement.
6. You acknowledge and agree that the Service Provider may rely on the username of Your Account, if applicable, to identify You.
(Un)permitted use & communications
1. You are granted a non-exclusive, limited, revocable, non-transferable, non-sublicensable license to use the Course Content for Your own personal, non-commercial, informational and educational use and insofar as You do not violate any copyright, trademark, and other intellectual property or proprietary rights (hereinafter referred to as; the “License”).
2. Any intellectual property rights remain exclusively vested in the Service Provider, its licensors, or its suppliers.
3. You acknowledge and agree that You are not permitted to:
  1. share, edit, modify, copy, reproduce, enhance, reverse engineer, (re)distribute, transfer, transmit, sell, resell or in any way exploit the Course Content;
  2. collect or use descriptions or prices of the Course Content; or
  3. make any derivative use or create derivative works of the Course Content,

whether free or paid, without the express consent of the Service Provider given by email or written agreement.

1. You shall not use the Course Content to teach any third party or publish on any platform, any of the information, methods, solutions, or formulae contained in or derived from the Course Content.
2. You may use the Platform and the Course Content exclusively for Your own use and for lawful purposes. You agree not to:
  1. use or distribute any kind of malicious software, data gathering or extraction tools, or harmful information or material on the Platform, including, but not limited to, robots, data mining, computer viruses, or spyware;
  2. make any attempts to hack or gain unauthorised access to any part of the Platform; and/or
  3. send unauthorised or unsolicited material or cause disruption in the operation and/or functionality of the Platform.
3. You shall be liable for damages resulting from the breach or violation of any provision contained in this Agreement.
Responsibilities, disclaimers, representations and warranties
1. The Course Content, Your Account, and the Platform are provided “as is” and “as available.”
2. The Course Content is facilitated through the Platform. It is Your responsibility to ensure that You have the proper technology, hardware and software, along with access to Wi-Fi, to be able to access and use the Platform and the Course Content.
3. The description of the Course Content is intended to indicate only the general nature of the Course Content and does not guarantee the content.
4. The Service Provider is not responsible if You fail to meet the requirements for the Course Content. You are responsible for allocating sufficient time to allow You to successfully complete the Course Content.
5. The Course Content is for informational and educational purposes only. The Course Content is general information and is not, and should not be, construed as, any kind of professional advice. These are the personal opinions of the Service Provider only.
6. Your use of the Course Content does not establish any kind of professional-client relationship with the Service Provider.
7. You use this information at Your sole risk. The Service Provider is not and will not be responsible or liable for Your reliance on the information.
8. The Service Provider makes no representations, guarantees, or warranties regarding potential income or business results that may result from the Course Content, and the Service Provider specifically disclaims any and all warranties relative to earning potential or business results.
9. The Service Provider does not represent, warrant, or guarantee that the Course Content, Your Account, or the Platform will be true, accurate, complete, current, or free from errors or omissions.
10. The Service Provider is not responsible for: (i) the effectiveness of the Course Content, Your Account, or the Platform; (ii) any results in relation to or outcomes from the Course Content, Your Account, or the Platform; or (iii) any decisions made by You or any other third party based on the Course Content and/or any results in relation to or outcomes from the Course Content. The Service Provider does not represent, warrant, or guarantee the effectiveness of the Course Content, Your Account, or the Platform or the results in relation to or outcomes from the Course Content. The Service Provider’s comments about the effectiveness of the Course Content and/or result(s) and/or outcome(s) are expressions of opinion only.
11. You acknowledge that the Service Provider cannot make any such representations, warranties, or guarantees mentioned in this clause 5 and that You cannot hold the Service Provider liable in relation to: (i) errors or omissions; (ii) the effectiveness of the Course Content, Your Account, or the Platform; (iii) any results in relation to or outcomes from the Course Content; or (iv) any decisions made by You or any other third party based on the Course Content and/or any results in relation to or outcomes from the Course Content.
Course Content changes, updates & add-ons
1. The Service Provider reserves the right to amend, change, alter or modify the Course Content at its discretion.
2. The Service Provider may update any of the Course Content and/or add new course material to the Course Content from time to time. When the Service Provider makes any updates to the Course Content and/or adds new course material to the Course Content, such updates and/or new course material are included in the Course Content You were provided at the moment of Registration. You will receive access to the updated version of the Course Content or new information and/or materials.
3. [The Service Provider may offer additional course material to supplement the Course Content to You at an additional fee, from time to time, in which case such additional course material becomes part of the Course Content, and this Agreement shall apply to the additional course material.]
Third-party resources and websites
1. The Platform and/or Course Content may contain links or references to third-party websites or resources originating from third parties. The Service Provider does not own or control these third-party websites.
2. You agree that the Service Provider is not responsible or liable for the correctness, accuracy, or completeness of any content or information presented on these third-party websites and/or in the resources provided by third parties.
3. You assume any and all risks for visiting and/or using these third-party websites and/or resources originating from third parties, and any and all transactions between You and these third parties are exclusively between You and the relevant third party. The Service Provider is not liable for any damages resulting from or relating to Your use of these third-party websites or resources originating from third parties.
4. [The Service Provider has partnered with other businesses and/or become part of one or more affiliate marketing program(s) whose products and/or services are advertised or promoted on the Platform and/or on the Course Content in exchange for commissions, affiliate fees, referral fees, and/or financial rewards when You purchase those products and/or services through the affiliate links.
5. The Service Provider may also recommend or promote other products, services, persons and/or businesses, but such reference is not intended to be an endorsement and/or statement that such information provided is accurate. The Service Provider recommends such products, services, persons and/or businesses based on its personal experiences. However, it is at all times Your responsibility to conduct Your own research and due diligence to ensure You have complete and accurate information about such products, services, persons and/or businesses.
6. These affiliate and/or third-party relationships in no way compromise the integrity of the Course Content. You are not obligated to click on these affiliate links and/or third-party links to purchase those products or services being offered. These affiliate and/or third-party programs are selected based on personal experiences and assist in the growth of the Service Provider, so the Service Provider can continue to provide valuable and substantive information on the Platforms.
7. Although the Service Provider may provide affiliate and/or third-party links on the Platform or in the Course Content for Your convenience, the Service Provider has no control over these third-party websites. Those affiliates and third parties are solely responsible for their own information and content presented. Therefore, the Service Provider and/or anyone else working with or for the Service Provider cannot be held responsible and/or liable for any content presented on these third-party websites and for any damages, losses or other costs resulting from them.]
[Group Platform
1. The Service Provider may, at its sole discretion, provide You with access to a platform or a group or page within a platform, such as a Facebook group, to which other third parties who have access to the Course Content or other course, products or services, have exclusive access (hereinafter referred to as; a “Group Platform”). Such access to a Group Platform is not a mandatory part of the Course Content, and access to such a Group Platform does not affect any payment rights the Service Provider has under this Agreement.
2. The Service Provider is not responsible nor liable for any content, including but not limited to text, images, photos, posts, logos, marks, graphics, designs, files, services, products, videos, audio, software, applications, computer code, metadata, downloads, and all other information and materials, deriving from third parties on the Group Platform.
3. The Service Provider is not responsible nor liable for the actions of third parties on the Group Platform, nor any communications, conflicts, or damages that occur through any communication and/or collaboration with a third party on or outside the Group Platform.
4. For any text, content, images, photos, names, videos, recordings, statements, testimonials, reviews, questions, ideas, comments, and any other information and materials that You post, share, upload, display, transmit, distribute, send, email, or submit to the Group Platform (hereinafter referred to as; the “Creations”), You represent and warrant that You are the owner of the Creations or have the express permission from the rightful owner of the intellectual property rights to those Creations to use and distribute that content on the Group Platform.
5. You represent and warrant that the Creations in no way infringe the privacy rights, intellectual property rights, publicity rights, or any other third-party rights and does not contain any unlawful, offensive, or obscene material.
6. You agree not to post, share, upload, display, transmit, distribute, send, or submit to the Group Platform any Creations that:
  1. are illegal, infringes or violate the rights of anyone;
  2. are offensive, obscene, defamatory, abusive, profane, hateful, vulgar, obscene, libellous, pornographic, political, threatening, derogatory, upsetting, insulting, misleading, discriminatory, sexist, racist or harmful to anyone in any way;
  3. contain chain letters, commercial solicitation, mass mailings, or any other kind of spam or unsolicited commercial messages; and/or
  4. encourage or advocate conduct that constitutes a criminal offence, giving rise to liability or otherwise breaches or violates any law.
7. You may not impersonate any person or entity or otherwise mislead as to the owner or origin of the Creations.
8. You grant the Service Provider and anyone else working with or for the Service Provider a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, fully sublicensable right and license to use, adapt, modify, edit, translate, copy, reformat, display, publish, broadcast, distribute, reproduce, sell, create derivative works from, live-stream, and/or post any Creations in all forms and media in relation with the Service Provider’s advertising, promotional, publicity and marketing activities, including, but not limited to, those directed to the public through websites, social media channels, newsletters, emails, commercial products, educational and/or course materials, video footage, sales marketing or any other business purpose.
9. You grant the Service Provider a non-revocable, royalty-free, non-exclusive license for the use of Your figurative mark, logo, personal name and business name, and Your Creations, which means You are free to use and continue using the Creations for Your own purposes without any restrictions.
10. You authorise the Service Provider to identify You in connection with Your Creations and display Your geographic location when using the Creations. However, the Service Provider may use Your Creations without identifying You as the creator.
11. You agree and allow the Service Provider to freely use any Creations in its marketing without any compensation.
12. You waive the right to approve, inspect or restrict the use of the Creations as described herein.
13. The Service Provider is entitled (but not obligated) to monitor, edit or remove at any time at its sole discretion:
  1. any of Your Creations on the Group Platform; and
  2. any content on the Group Platform deriving from third parties, including but not limited to text, images, photos, posts, logos, marks, graphics, designs, files, services, products, videos, audio, software, applications, computer code, metadata, downloads, and all other information and materials.]
Fee

As consideration for access to Your Account, the Platform, and the Course Content, You agree to pay the Service Provider a total payment equal to the stated amount on the website.

each hereinafter referred to as; the “Fee”.]

1. All amounts stated in this Agreement are exclusive of any sales or value-added taxes chargeable unless explicitly stated otherwise. If any sales or value-added taxes are chargeable, You shall pay to the Service Provider, in addition to the Fee, an amount equal to the amount of the applicable taxes.
Payment

[In the Registration Form, You may choose to either:

1. 1. pay the Fee in full at the moment of Registration; or
  2. pay the % of the Fee at the moment of Registration and pay the remaining Fee in the number of installments agreed
2. Registration is not complete, and You will not have access to the Course Content until the Service Provider has received full payment of the total Fee [or the first payment to be made at Registration, depending on the option chosen by You in accordance with clause 10.1].
3. If You have chosen to pay the Fee in instalments in accordance with clause 10.1, You will receive access to a % of the Course Content upon Registration and an additional % of the Course Content after each installment.]
4. [If You have chosen to pay the Fee in instalments, You are permitted to pay the remaining instalments in full at an earlier date at any time.]
5. Any payments under this Agreement are made by Stripe, Paypal, cash or bank transfer. You carry] any applicable transaction costs.
6. You authorize the Service Provider to charge the credit card or account chosen by You to complete all payments under this Agreement, and You do not require separate authorization for each payment.
7. If You fail to tender full and/or timely payment of any payment owed to the Service Provider, including, but not limited to, the Fee, or if a payment is cancelled or charged back, the Service Provider reserves the right to suspend Your access to the Course Content [and the Group Platform] until the Service Provider has received any payment(s) due in full.
8. If You fail to tender full and/or timely payment of any payment owed to the Service Provider under this Agreement within the number of days agreed after the due date of that payment, the Service Provider reserves the right to charge a late payment fee equal to 3% of the total amount overdue, to accrue monthly until payment is received. Additionally, the Service Provider may charge [a standard fee for collection costs of [CHF 50] and] any expenses incurred in connection with collecting the fee from You, including legal fees and collection costs.
Refund policy
1. You waive and consent to the waiver of any and all rights to any applicable statutory “cooling-off period,” “withdrawal period,” or any other cancellation and/or refund rights under applicable law insofar as the refund policy in this clause 11 deviated from such rights. The Service Provider is under no obligation to grant You a refund.

If You cancel or terminate this Agreement within 15 days after Your Registration, You may request a refund. At the Service Provider’s sole discretion, You may receive a refund on a pro-rata basis, meaning that You will receive a percentage of the Fee equal to the percentage of the Course Content You have accessed.

1. You will only receive up to a maximum of 80% of the Fee and, in any case, only up to the amount of the Fee actually paid by You and received by the Service Provider. No refund is due to You if You request a refund after 15 days after Your Registration. [If payment in instalments has been chosen by You in accordance with clause 10.1 and only if a refund is granted to You, any remaining future instalments of the Fee shall be cancelled.
2. You are not entitled to a refund if You have accessed [40]% or more of the Course Content.
3. [You are not eligible for a refund if You do not comply with or if You have breached any of Your payment or other obligations under this Agreement. At the Service Provider’s sole discretion, if the Service Provider expects or believes You are abusing this refund policy, for whatever reason, the Service Provider is entitled to deny Your refund, restrict You from other future refunds, ban Your account, and/or restrict all future use of the Course Content and/or any other services and/or products provided by the Service Provider.
4. The Service Provider reserves the right to grant You a refund as a refund credit or as a refund to Your original payment method, at the Service Provider’s sole discretion, depending on the capabilities of the Service Provider’s payment service providers, Your payment method, and other factors.
5. If a refund is granted to You, an administration fee may be charged.
6. Refunds do not apply to any additional course material that supplements the Course Content that is purchased at an additional fee.
Access restriction

The Service Provider reserves the right to, at the Service Provider’s sole discretion, completely or partially, refuse, suspend, remove, restrict Your access to the Platform and/or the Course Content and/or revoke and/or terminate Your use of the Platform and/or the Course Content, any licenses and/or Your Account, at any time, without notice if the Service Provider either knows or suspects You have or shall breach any of Your obligations under this Agreement.

Term & termination
1. This Agreement is effective, and You receive access to the Course Content and the Platform as per the moment of Registration and continue:

for as long as the Course Content is available on the Platform; or

1. 1. until You cancel this Agreement; or
  2. until the Service Provider terminates this Agreement in accordance with this clause 13.
2. The Service Provider shall be entitled to terminate this Agreement by email to You with immediate effect and thus without observing a notice period and without being liable or any compensation being due if:
  1. any payment that is due under this Agreement has not been received by the Service Provider in full and on time;
  2. You breach any of Your obligations under this Agreement;
  3. the Course Content is no longer available on the Platform; or
  4. necessary to satisfy any requirements, conditions, guidelines, or opinions contained in any directive, order, opinion, or ruling of a public authority.
3. If this Agreement is terminated or cancelled, which termination or cancellation can only occur on the basis of and in accordance with the relevant provisions of this Agreement, then:
  1. the License shall be revoked with immediate effect upon termination;
  2. Your Account shall be terminated;
  3. access to the Platform and the Course Content by You shall be revoked and terminated;
  4. You shall cease and abstain from the use of and delete the Course Content from any location You have shared or stored the Course Content;
  5. all rights and obligations of the Parties under this Agreement shall end and become ineffective, except for:
    1. the rights and obligations accrued before that date;
    2. any rights and (payment) obligations of or pursuant to clauses 10 (Payment & access); and
    3. any rights and obligations of or pursuant to clauses 14 through 27, which will remain in full force and effect after termination of this Agreement; and
  6. such termination shall be without prejudice to any rights a Party may have vis à vis the other Party in connection with a breach of any provision of or obligation under this Agreement occurring prior to their termination.
4. If this Agreement is terminated due to any of the reasons listed under clause 13.2(a) or 13.2(b), the Service Provider is entitled to refuse You access to any other courses, (digital) products and/or services at the Service Provider’s sole discretion.
Non-disparagement and prohibited use
1. You agree not to disparage the Service Provider’s brand, products, services or persons working for or employed by the Service Provider.
2. You agree that You will not make any unsubstantiated claims that will ruin the business reputation of the Service Provider.
3. You shall not use the Course Content or any information or materials in relation to the Course Content, the Service Provider, and/or this Agreement in any way that:
  1. is illegal, infringes or violates the rights of anyone;
  2. is offensive, obscene, defamatory, abusive, profane, hateful, vulgar, obscene, libellous, pornographic, political, threatening, derogatory, upsetting, insulting, misleading, discriminatory, sexist, racist or harmful to anyone in any way;
  3. disparages or discredits a Party;
  4. encourages or advocates conduct that constitutes a criminal offence, giving rise to (civil) liability or otherwise violates any law;
  5. is likely to cause confusion among third parties;
  6. portrays or insinuates any endorsement or sponsorship of a Party or its products or services by the other Party or in any other way portrays or insinuates that a Party supplies or approves of the other Party or its products or services; or
  7. portrays or insinuates any special relationship between the Parties.
4. You shall not misrepresent or embellish Your relationship with the Service Provider (including, but not limited to, by expressing or implying that the Service Provider supports, sponsors, or endorses You) or express or imply any other type of relationship between the Parties except as expressly permitted by this Agreement or agreed by written agreement or email between the Parties.
Limitation of liability
1. Your visit to and use of the Course Content and the Platform is at Your exclusive risk. You are exclusively responsible for the accuracy and correctness of the personal and other information You provide, the outcome of Your actions, Your results, and all other actions in connection with the Course Content and the Platform.
2. The Service Provider and anyone else working with or for the Service Provider is not responsible, nor is the Service Provider liable, for any damages resulting from:
  1. any errors, delays, bugs, or omissions on the Platform, interruption in operation and Your use of the Platform, failure of performance of any kind, website attacks, including, but not limited to, viruses, malware, malicious code, hacking of information, and any other system failures;
  2. any loss of income, revenue, profits, use, data, business, and/or any goodwill related to the Platform;
  3. any theft of and/or unauthorised access to Your information by any third party, regardless of the Service Provider’s negligence; and
  4. any use or misuse of any Course Content.
3. Without prejudice to clause 15.6, the Service Provider’s aggregate liability is limited to the Fee, excluding sales taxes, value-added taxes, and any other taxes actually paid by You to the Service Provider and actually received by the Service Provider under this Agreement.
4. Without prejudice to clause 15.6, the Service Provider is not liable for indirect damages or loss, including, but not limited to, consequential, incidental, special, or exemplary damages, or any loss of revenue, profits, savings, business opportunities, use, data, goodwill, or any loss due to business interruption.
5. You waive any right or remedy in equity, including, but not limited to, the right to seek specific injunctive, performance or other equitable relief, in connection with the Platform, Your Account, the Course Content or this Agreement.
6. Nothing in this clause 15 shall operate to limit liabilities in the event of fraud, wilful misconduct, gross negligence or any (other) liabilities that cannot be limited under applicable law.
Indemnity
1. You agree to indemnify and hold the Service Provider and/or anyone else working with or for the Service Provider harmless from all damages, losses, claims, actions, demands, suits, proceedings, or judgments, including costs, expenses and attorneys’ fees assessed against or otherwise incurred by the Service Provider arising, in whole or in part, from:
  1. actions and/or omissions, whether done negligently or otherwise, by You or Your Account, Your agents, directors, officers, employees, and/or representatives;
  2. use of the Course Content, the Platform or Your Account by You;
  3. violation of any laws, regulations, rules, or ordinances by You or Your Account;
  4. violation of any provisions of this Agreement by You or Your Account or anyone related to You; and/or
  5. infringement by You or Your Account of any intellectual property rights or other third-party rights.
2. The Service Provider will notify You as soon as reasonably possible of any such claims, damage, and/or liability. The Service Provider reserves the right to defend such claim, damage, and/or liability at Your expense. If requested, You will fully cooperate and provide assistance to the Service Provider to defend any such claims without any cost.
3. [You agree to indemnify and hold the Service Provider and/or anyone else working with or for the Service Provider harmless from any and all current and future claims regarding and/or in relation to the use of Your Creations, including, but not limited to, claims, lawsuits, debts, dues, expenses, damages, and demands of any kind at law or in equity or under any statute, invasion of privacy, infringement of moral rights, defamation, rights of publicity, copyrights or any other cause related to the use of the Creations.]
Confidentiality
1. You shall use Confidential Information solely for the purposes described in this Agreement and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information for other purposes without the prior consent of the Service Provider given by email.
2. You acknowledge that the Confidential Information of the Service Provider, its affiliates, and third parties is strategic, commercially sensitive, and valuable and that the improper disclosure or use thereof will cause serious damage and loss to the Service Provider.
3. The restrictions in this clause 15 shall not apply if and to the extent the information is or becomes available to the general public other than by disclosure by You in violation of this Agreement.
4. You shall have no obligation with respect to Confidential Information to the extent, but only to the extent, that such information is required or requested to be disclosed by applicable laws, provided that You, to the extent practicable and permitted, promptly notify the Service Provider of such request or requirement.
5. For the purposes of this clause 15, disclosures relating to Confidential Information that are specific shall not be deemed to be within the foregoing exceptions merely because they are embraced by more general disclosures in the public domain, in Your possession, or received from a third party. In addition, any combination of features shall not be deemed to be within the exceptions merely because the individual features are in the public domain, in Your possession, or received from a third party unless the combination itself and its principle of operation are in the public domain, in Your possession or received from a third party.
6. You shall notify the Service Provider as soon as reasonably practicable of any unauthorized use, or attempted use, of the Service Provider’s Confidential Information, and provide all information necessary to assist the Service Provider in any investigation it considers necessary, including for the purposes of mitigating damages, any claim, or the prevention of a recurrence. Additionally, You undertake Your best efforts to prevent a recurrence to the extent this is within Your control.
Personal data

The Service Provider only uses Your personal data for the purposes set out in this Agreement. The Service Provider shall ensure it complies with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data. For more information on how Your personal data is used and stored by the Service Provider, please refer to the Service Provider’s privacy policy which You can find here: [https://animalchemy.com/privacy-policy/].

Communication
1. Any notice, request, consent, invoice, claim, demand, or other communication between the Parties in connection with the Course Content, the Platform or this Agreement must be sent by email in English to the following email addresses set out for each of the Parties below:
  1. to the Service Provider: [email protected]
  2. to You: the email address provided by You in the Registration Form,

or such other email address as a Party may notify the other Party by email.

1. Unless another means of communication is explicitly provided for in this Agreement, You shall not use any other means of communication, such as text messages, direct messages on social media platforms, (registered) postal mail, or phone calls, to communicate with the Service Provider unless the Service Provider has explicitly agreed to such other means of communication.
2. The Service Provider shall endeavour to respond to emails within 48 hours on Business Days, which is a target and not a guaranteed service level. The Service Provider shall not be liable for failure to respond to emails within the aforementioned timeframe or the consequences arising therefrom, and any such failure shall not constitute a breach of this Agreement.
Electronic signature

This Agreement constitutes an electronic contract between You and the Service Provider with the full force and effect of a handwritten signature. The Parties enter into this Agreement by submission of the Registration Form by You by way of clicking on the “[Submit/Sign up /book now/]]” button on the Registration Form.

Entire agreement

This Agreement constitutes the entire agreement between the Parties relating to the Course Content and supersede any earlier agreements between the Parties with respect to the subject made hereof, whether in writing (which includes email) or oral.

Amendments & modications

This Agreement may be changed, modified, or amended by the Service Provider at any time and at the Service Provider’s sole discretion by sending notice of such modification to You by email, effective as of the date of the email. Your continued use of the Platform and/or the Course Content following the effective date of such change will constitute Your acceptance of such changes, modifications, and/or amendments. If any such changes, modifications, and/or amendments are unacceptable to You, Your only recourse is to terminate this Agreement in accordance with clause 13.1.

Assignment

You may not assign or transfer the Course Content or any of Your rights or obligations under this Agreement unless agreed between the Parties by written agreement or email.

Enforceability

The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced with a provision that is valid and enforceable and reflects as closely as possible the intent of the invalid or unenforceable provision.

No waiver

No failure or delay by the Service Provider in exercising any right or remedy under or in connection with this Agreement shall impair any right or remedy or operate or be construed as a waiver of any right or remedy.

Choice of law

This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed by the laws of Switzerland.

Dispute resolution & arbitration
1. Without prejudice to clause 27.2, all disputes arising out of or in connection with this Agreement or the Course Content, or further agreements resulting therefrom, shall be settled in accordance with the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Switzerland. The proceedings shall be conducted in the English language. No award or procedural order made in the arbitration shall be published.
2. If:
  1. You are registered in Switzerland; or
  2. a dispute is not subject to arbitration under clause 27.1 for whatever reason,

that dispute shall be settled in the competent courts located in Switzerland], and both Parties irrevocably consent to the exclusive jurisdiction and location of the competent courts in Switzerland for the adjudication of all non-arbitral claims.