Please take the time to read these Terms and Conditions (“Terms”) before using, visiting, viewing, purchasing from, or accessing Bravo Darlings by Melissa Schmidiger (“Bravo Darlings”), www.bravodarlings.com, and its sub-domains, affiliated sites and social media pages and Bravo Darlings’ accounts on Instagram and LinkedIn ("Site" / "Sites").
The Sites and all of the audio, visual, and written resources and information contained therein, including but not limited to blog posts, designs, documents, e-mails received from Bravo Darlings/Melissa Schmidiger, e-mail lists and sequences, coaching services, recordings, templates, contracts, forms, guides, e-books, workbooks, website materials, products and tools (“Contents and/or Services”) are represented by Melissa Schmidinger (“We”, “Us” Our”).
These terms apply to all Users, Visitors, Viewers, Subscribers, Clients, and/or Customers of our Sites (“User,” “You,” and/or “Your”) and govern your use of, access to, and/or purchase from our Sites.
YOUR CONSENT
By using, visiting, viewing, downloading, purchasing, and/or accessing our Contents and/or Services, you consent and agree to be bound by these Terms.
You further warrant and acknowledge reading these Terms or, at the very least, had the opportunity to read them and chose not to do so.
You represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you can only access, view, or purchase anything from our Sites with the consent of your parent or guardian.
If you do not agree to ALL of these Terms, you are prohibited from using, visiting, viewing, downloading, purchasing, or accessing any of our Contents and/or Services.
RULES THAT APPLY TO OUR SITES
When you use, visit, view, download, purchase from, and/or access our Sites, you agree:
- Not to harm, stalk, defame, threaten, offend, harass, abuse, or violate another person's privacy or legal rights through or on our Sites.
- Not to post, upload, distribute, publish, or disseminate any names, materials, or information that is considered inappropriate, defamatory, obscene, unlawful, or indecent.
- Not to use our Site in any way that will cause damage to us, our Site, or any of our users.
- Not to send unsolicited e-mails to our users.
- Not to transmit or post unwanted or unsolicited content to promote or sell your products or services.
- Not to upload any files that contain viruses or worms that may destroy our operations or that of another user.
- Not to transmit, share, download, copy, or post any content that infringes our intellectual property rights and that of other persons.
- Not to use any of our Contents and/or Services to violate any laws or regulations.
We reserve the right to disclose any materials you posted or information you provided on our Sites to comply with any legal or governmental requests.
PERSONAL INFORMATION
To download or purchase our Contents and/or Services, you may be required to provide personal information about yourself, including but not limited to your name, e-mail address, billing address, payment details, and other personal information. Any identifiable information you provide us with is governed by our Privacy Policy, which you can access here.
You agree to give only your own complete, accurate, correct, and up-to-date information.
You shall not create a false identity or sign an agreement as someone else when using, visiting, viewing, downloading, purchasing, and/or accessing our Sites.
While we strive to protect your personal information, no data transmission over the web can be guaranteed to be 100% secure. You agree that we cannot warrant the security of any information you transmit via the internet. You do so at your own risk when you share personal information.
USERNAME AND PASSWORD
When you access our membership areas, you will need to create a user account that entails the submission of a username or password. You agree to protect your username and password and keep it confidential.
We reserve the right to terminate your access to any of our Contents and/or Services without refund, in case you share your username or password or if we have reasonable grounds to suspect that you shared your username or password for purposes of allowing anyone person, group or individual, to have access to our Services, and/or Products.
DISCLAIMERS
We do not provide legal financial medical or psychological advice
Our coaching advice is not a substitute for professional legal, financial, medical, or psychological advice. Clients are encouraged to seek the services of qualified professionals in these areas for specific advice.
You have Personal Responsibility
Clients are responsible for their own decisions and actions based on the insights gained from our coaching sessions. Bravo Darlings is not liable for any consequences resulting from the choices made by clients as a result of the information provided during the said sessions.
You acknowledge that you voluntarily engaged, used, viewed, purchased, subscribed to, downloaded from, or accessed our Sites, Contents, and/or Services. You alone are responsible for your choices, actions, and inactions. You agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from Bravo Darlings.
Clients are expected to adhere to all applicable laws and ethical standards when seeking our services. Bravo Darlings does not endorse or condone any illegal or unethical activities.
No Guarantee of Accuracy or Specific Results
While Bravo Darlings strives to provide accurate and insightful information, we do not guarantee the accuracy of every information you obtain from us. The interpretation and application of insights and knowledge you gain from us also differs from one individual to another.
We do not guarantee specific results or outcomes. Personal and professional development is a gradual process, and success depends on individual effort and commitment.
What we presented on our Site are examples of exceptional results. There is no guarantee that employing our techniques, ideas, tips or strategies, Contents and/or Services will yield the same results.
Testimonials, Feedback, and Positive Reviews are but examples
The testimonials, reviews, opinions, and statements presented on our Sites apply to the individuals depicted. They are examples, and there is no guarantee that you will achieve the same results achieved by other Users.
We do not claim that they are typical results that Users generally achieve. The testimonials are not necessarily representative of all those who use our Contents and/or Services.
The testimonials displayed are verbatim, except for correcting grammatical or typographical errors. Some have been shortened if the testimonial is lengthy or the entire testimonial seems irrelevant to the general public.
Fair Use Notice
We are aware that allowance is made for “fair use” for purposes such as criticism, comment, news reporting, scholarship, teaching, and research.
It is possible that we used Content or Media owned by another person or entity. All rights and credit go directly to the rightful owners. We do not intend to infringe on the copyrights of others.
If you wish to use copyrighted material from our Site for purposes of your own beyond “fair use,” you must obtain permission from the copyright owner or us.
Opinions that you find on our Site are those of the authors
The views and opinions expressed on our Site are those of the authors. We may have guest authors and their views do not necessarily reflect the official policy or position of Bravo Darlings / Melissa Schmidiger. Any content provided by our guest bloggers, authors, or speakers is their opinion.
Our views or opinions on our Site are personal. Unless explicitly stated, they do not reflect the ideas, ideologies, or points of view of any organization we may be affiliated with in a professional or personal capacity.
Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.
We do not make any representations as to the accuracy or completeness of any opinion expressed on Our Sites.
We will not be liable for losses, injuries, or damages from the display or use of these opinions.
Use your discretion when using products or services we endorse
Occasionally, our Site may feature sponsored posts for Products and Services that we tried. We will only provide a truthful evaluation of such Products and/or Services. However, we make no warranties, guarantees, or representations as to the success, effectiveness, or safety of said Products and/or Services. Use them at your own risk.
We do not guarantee or warrant any of our Contents and/or Services
While we make every effort to ensure that accurate information is disseminated on our Sites, we make no representation about the Contents and/or Services and their suitability for any and every purpose.
Our Contents and/or Services are provided “as is” and without an express or implied warranty.
Any representation or warranty that might be otherwise implied is expressly disclaimed, including but not limited to implied warranties of merchantability and fitness for any particular purpose and all warranties arising from a course of performance, course of dealing, or usage in trade.
You agree that we are not liable to you or any third party
To the fullest extent permitted by applicable laws, you agree that we are not liable to you or others in any way or for any direct, indirect, special, incidental, consequential or punitive damages or claims arising out of your use, visit, subscription to, download from, purchase from or access of our Sites, Contents and/or Services, including but not limited to, liability or damages caused by viruses contained in electronic files in our Sites or any linked Sites, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or your inability to access or Sites.
You hereby release, forgive, and forever discharge Bravo Darlings / Melissa Schmidiger our employees, agents, contractors, and subcontractors, from all claims including those related to personal or business interruptions, misapplication, or information.
WORKING HOURS
Our working hours are from Mondays to Fridays, from 9:00 AM until 4:00 PM CET. We do not answer e-mails, messages, or calls outside our working hours. We do not answer e-mails, messages, or calls during Public Holidays and announced Vacation/temporary closure.
PROMPT COMMUNICATIONS
All queries or clarifications from us regarding your order must be promptly responded to within five (5) working days from the time we sent the communication.
If we do not get a response, we will send reminder e-mails twice. If we do not receive a reply after the reminder e-mails are dispatched, we will assume that you do not want to proceed with your order and will terminate it immediately. No refunds for any amounts paid will be entertained if we terminate the services per this provision.
HOW TO ENGAGE OUR SERVICES
You may book our programs and services through our website or by filling in the inquiry form, giving us a call, an e-mail, or sending a direct message on any of our social media Sites. In case you send us an e-mail/message, we will strive to respond with a quotation/offer in accordance with our communications policy above. If you do not receive any reply from us within five (5) working days, please re-send your e-mail/message.
All service requests are deemed accepted by us only upon the conclusion of a Service Agreement and payment of fees.
PAYMENT TERMS
When you engage any of our service Services, you pay through PayPal or Online/Offline Banking.
Unless otherwise provided, all fees must be paid in full before we commence any service. You should also shoulder any currency conversion and bank transfer charges.
In the rare instance that we allow payment of fees through instalments, you shall pay according to the fee schedule, or you permit us to automatically charge the same payment method you used to pay the initial instalment. You will receive your receipt via email following your Purchase. This receipt should be retained for your records.
If your payment method is declined, we will give you a grace period of two (2) working days to settle your account. After which, you will automatically lose access to any of our Contents and/or Services you purchased without a refund of payments already made. The total cost of your purchase is still due, and you remain responsible for settling it despite your payment method being declined.
We do not entertain, tolerate, or accept threats or actual chargeback from your credit card company placed on your purchase or download of any of our Services and/or Contents.
Should you request a chargeback, we reserve the right to report you to all credit card reporting agencies (CRA) or any other entity for inclusion in any chargeback or delinquent account database.
Our report, which includes your name, e-mail address, and billing address, could negatively impact your credit score/credit report.
You can only have the report removed by contacting us at info@bravodarlings.com and arranging for the payment of any outstanding payment including administrative fees we will impose, of not less than CHF 150.00, to cover the time we spent defending ourselves from your chargeback.
VAT
You may be liable to pay the VAT when you purchase from our Site. You are responsible for determining the VAT rules where you reside.
INTERESTS AND REMINDER FEES
In case of non-payment of any fees or charges due, we shall attempt to send reminder e-mails.
We will impose a fee of CHF 20.00 per reminder mail sent on top of the outstanding payments.
We will also impose interest rates in accordance with the prevailing interest rates.
CANCELLATION AND REFUND POLICY
We never allow cancellation or refund for coaching sessions already rendered. If you are not satisfied with the coaching session or program, then inform us in writing and send your email to info@bravodarlings.com and we can discuss how we can move forward.
The notice must be received by us at least forty-eight (48) hours before the next coaching session. If we do not receive your notification on time, we will still cancel future sessions. However, we will forfeit the payment for one future session as a penalty for not cancelling on time.
In case you have not paid the fees and the cancellation notice is not received by us on time, you will have to pay the penalty equivalent to one coaching session.
All refunds, if due, will be released within ten (10) business days from the notice of cancellation.
CANCELLATION OF SESSION
We reserve the right to refuse, modify or cancel any session, program booked, or product purchased, at our discretion. In such an event, we will attempt to notify you using the email address or phone number you provided at the time the booking was made.
If the reason for cancellation is a breach of our terms or any contract you signed with us, all fees you paid will be forfeited in our favor. Otherwise, we will only issue you a pro-rated refund for fees paid for unused sessions.
WAITING POLICY
We have a fifteen (15) minute waiting policy. If you do not inform us ahead of time that you will be late, or in the event of a no-show, the session is deemed forfeited. In which case, you acknowledge that you shall have no right to a refund or to reschedule.
INTELLECTUAL PROPERTY
The Site, Contents, and Services and all other information and Intellectual Property, including without limitation, copyrights, trademarks, designs, patents, trade secrets, and proprietary information, accessible on or through our Sites, any third-party websites we may use to distribute or host our Sites, Contents, and/or Services, as well as e-mails we send to you, are owned by us and are protected by copyright, trademark, and other intellectual property laws.
Our name, service and product names, logos, designs, taglines, and slogans are our trademarks which you cannot use without our written permission.
By using, visiting, viewing, downloading, purchasing, and or accessing any of our Content, and/or Services, you do not gain any right, title, or interest in the said intellectual property unless we otherwise grant you rights through prior written authorization.
Any violation of our intellectual property rights and the Terms contained in this provision, including but not limited to unauthorized use, reproduction, copying, or dissemination of any of our Contents, and/or Services, shall be prosecuted to the fullest extent of the law.
LIMITED RIGHTS GRANTED TO YOU
When you purchase and/or download any of our Content, or Services, you are only granted a non-exclusive, non-transferable, limited, and revocable license that covers personal use.
Unless otherwise authorized, you cannot copy, share, forward, distribute, reproduce, republish, or otherwise disseminate, sell, license, rent, adapt, edit, translate, enhance, reverse engineer, or create derivative works from any of our Contents and/or Services.
Any violation of the Terms contained in this section shall be considered an infringement and shall be prosecuted to the fullest extent of the law. We reserve any rights that are not expressly granted in these Terms.
CONTENT SHARING
You may share our Content found on our Sites without asking for permission from us. However, you must abide by these terms:
You may only share our content for personal use
- You will link to our Site or social media account.
- You will credit us should you share our content on your blog, Site, social media account, or a third party's blog, Site, or Social Media Accounts.
- You may not represent, claim, or imply that you are in any way associated with Bravo Darlings.
- You are not allowed to represent or imply that the Content is yours or was created for you.
UNAUTHORIZED USE
If you use any of our Contents and/or Services without our express authorization or contrary to the authorization we granted, you agree to pay liquidated damages of three (3) times the total fees you paid, or a minimum of CHF 3,000, whichever is higher, in addition to other remedies that we may be entitled to pursue.
PIRACY
In case you violate or threaten to violate any of our intellectual property rights, titles, or interests through acts such as but not limited to pirating, enhancing, reverse engineering, usurping, or creating derivative works of our Contents, or Services, you agree to indemnify, pay and transfer to us all the earnings you gained or will gain through such violations, acts or negligence.
You further agree that we do not need to prove any pecuniary damage on our part, it being sufficient that we prove that you violated or threatened to violate any of our intellectual property rights, titles, or interests.
You likewise agree to indemnify us in the case through your acts or negligence, another person was able to make use, disseminate, distribute, or share our Contents and/or Services or engage in any act that violates our intellectual property rights, title, or interests.
You recognize that any violation or threatened violation of our Intellectual Property Rights, titles, or interests would cause irreparable injury to our business and reputation, which damages may not adequately compensate. Therefore, you agree that any such violation or threatened violation will entitle us to obtain injunctive relief without having to file a bond and other legal remedies we may pursue.
YOUR POSTS AND RECORDINGS OF GROUP/PERSONAL CALLS
When you submit comments, photos, posts, images, videos, or other contributions ("Media") to our Sites or any third-party Sites that we operate, you represent that you are the owner of such Media and that you are at least 18 years of age.
You also permit us to take your photographs and make video and/or audio recordings of you ("Photographs and Recordings") during our calls, webinars, sessions, workshops, or any other communications ("Communications")
You grant to us, or any of our contracts or subcontracts, unlimited, royalty-free, irrevocable, unrestricted, non-exclusive license to print, copy, use, transmit, exploit, modify, create derivative works from, display your Media, Photographs, and Recordings in any manner, or for any purpose, and to include them in our current or future Services, and/or Products.
You authorize us to use your Photographs, Recordings, and Media, including your image and likeness, and to identify you as the person in the Photographs or Recordings or the individual or author who submitted the Media. We can identify you either by your name, e-mail address, social media handle, or screen name, for any purposes, including marketing, advertising, or commercial activities.
At any time, or for any reason, we can elect to cease using your Media, Photographs, and/or Recordings.
You further agree to grant us intellectual property rights to your Media, Photographs, and Recording without the need to ask permission or to compensate you, now or at any time in the future.
TERMINATION
In case you abuse, breach, or violate any of these Terms, our Privacy Policy, and any other terms you agreed to with us, we will terminate your use or access to our Sites and/or Services, without refund, at our sole discretion and without the need to notify you.
We will not be responsible for any claims, damage, or liability you may suffer arising from or in connection with such exclusion or discontinuance.
EXCUSABLE DAYS AND FORCE MAJEURE
The following are considered Excusable Days:
- Unfavorable weather conditions to be determined by us.
- Verifiable illness or injury of the Parties evidenced by a doctor’s note.
Force Majeure or any circumstance or occurrence beyond our reasonable control, whether or not foreseeable at the time this Agreement was entered into, as a result of which, we cannot reasonably perform or execute our obligations, including, without limitations, acts of God, natural catastrophes, extreme weather conditions, strikes, lock-outs, terrorism, political and civil unrests, sabotage, industry-wide shortages, plant breakdowns, loss of electricity supply, cyber-attacks or non-performance of our suppliers or any third parties on which we rely on to perform our obligations.
You shall agree to reschedule any appointment/session in case of days considered as an excusable day under this provision. If the force majeure lasts for more than three months, the Parties have the right to withdraw from the contract and cancel any appointment/session without incurring liabilities.
MODIFICATION OF SERVICE AND PRICES
We reserve the right to modify our service, descriptions of services, and prices or discontinue any service, or any part or content thereof without notice to you and at our sole discretion.
We further reserve the right to limit the sales of our services to any person, geographic region, or jurisdiction.
We shall not be liable to you or any third party for any damage, loss, or injury you may suffer by virtue of any modification, price change, suspension, or discontinuance of our Services.
INDEMNIFICATION / HOLD HARMLESS
You agree to indemnify, defend and hold harmless Bravo Darlings / Melissa Schmidinger our affiliates, officers, agents, contractors, licensors, service providers, suppliers, interns, and employees from any claim or demand, including reasonable attorney's fees, made by any third party due to, or arising out of your breach of the Terms or your violation of any law or rights of any third parties.
ASSIGNMENT OF RIGHTS
You agree that we can assign, transfer, and subcontract our rights and/or our obligations as stated under these Terms without having to notify you or wait for your consent. You are not allowed to assign, transfer and/or subcontract your rights and/or obligations stated under these Terms.
COMPLAINTS AND ARBITRATION CLAUSE
If you have any complaints or grievances, contact us first at info@bravodarlings.com so that we can resolve the dispute with you, to our mutual satisfaction, as quickly and effectively as possible.
If we cannot amicably resolve the dispute on our own, you agree to submit the dispute to a mediation proceeding before resorting to arbitration or litigation. The mediation proceeding shall be held in or nearest Zurich, Switzerland only.
In case mediation fails, you agree to submit the dispute to a binding arbitration proceeding, to occur in or nearest Zurich, Switzerland only.
You agree and hereby waive any right to class arbitration. You further agree to conduct arbitration solely based on your individual claim and/or entirely related to your claims against us.
The arbitral proceedings shall be concluded in English.
You shall be responsible for all the costs associated with initiating the arbitration proceedings and all related administration costs.
You hereby understand and agree that you are waiving your right to a jury or trial in any court of any jurisdiction, which would otherwise be available to you if not for this Arbitration Clause.
Any award or judgment that the arbitrator issues shall be binding. The only award that can be issued to you is a refund of any payment made to us for the particular Service, or Product that you purchased from us. You agree that you are not permitted to seek additional damages, consequential, punitive, or otherwise.
NO RELATIONSHIP CREATED
You agree that by using our Contents and/or Services, no joint venture, employment, or agency relationship is created between you and us.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Bravo Darlings pertaining to our Sites, Contents, and/or Services. These Terms supersede all prior or contemporaneous agreements, representations, proposals, and understandings between us.
SEVERABILITY
If any provisions of these Terms are held invalid, illegal, or unenforceable, any other provisions or part thereof not affected shall remain valid, in full force and effect. The provision rendered invalid, illegal, or unenforceable shall be changed or interpreted to best accomplish the objectives and purpose of the whole provision and/or these Terms.
CHANGES TO THESE TERMS
We reserve the right to update, replace, or change any part/s of these Terms without having to notify you personally. It is your responsibility to check these changes and to update yourself.
Any new Contents and/or Services we add to our Sites shall be subject to these Terms. By remaining and continuously using and/or purchasing from our Site after we posted the modifications, you are deemed to have implicitly and voluntarily accepted the changes to these Terms.
CONSENT TO GOVERNING LAW AND JURISDICTION
These Terms, claims, or disputes arising out of it shall be governed by the laws of Switzerland, without regard to its conflict of laws rules.
QUESTIONS AND CONCERNS
If you have any questions or concerns regarding these Terms and Conditions, please contact us: info@bravodarlings.com.