Terms & Conditions

Last updated: 12 October 2020

By visiting EasyUrbanGardening.club and signing up for our services you are consenting to our Terms and Conditions.

Overview

Easy Urban Gardening is a division of Émely's Fine Food. The terms “we”, “us”, “our”, “I”, “Émely” and “Easy Urban Gardening” refer to Émely's Fine Food. The term “Site” refers to EasyUrbanGardening.club. The terms “user”, “you” and “your” refers to site visitors, customers, and any other users of this site.

Use of EasyUrbanGardening.club, including all materials presented herein and all online services provided by Easy Urban Gardening (the “Service”), is subject to the following Terms and Conditions. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of the Site and Service

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions.

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.

Account Creation

In order to use the Service, you may be required to provide information about yourself including your name, email address and other contact information. You agree that any registration information you give to Émely will always be accurate, correct, and up to date.

Cancellations, Refunds & Returns

Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy on its sales/signup page.

Winter & Spring Garden, Summer & Autumn Garden, 5 Day Mini Courses, Summer Vegetables Course and Mastermind Groups are non-refundable and by signing up with a payment plan you are legally obliged to finish your payment plan.

Intellectual Property

We claim no intellectual property rights over the material you supply to Émely. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service.

The Site and Service contain intellectual property owned by Émely, including trademarks, copyrights, proprietary information, and other 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 Site, Service, Content or intellectual property, in whole or in part, without our prior written consent.

Use of Recordings

Coaching calls, webinars, and other audio or visual services may be recorded and can be used in the future by Émely for business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. To make such a request, please email [email protected].

Changed Terms

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 this Site. Any use of the Site or Service by you after being notified means you accept these amendments.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. In no event shall Émely's cumulative liability to you exceed the total purchase price of the service you have purchased, and if no purchase has been made, Émely's cumulative liability to you shall not exceed $100.

Disclaimer of Warranties

All materials and services on this site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.

No Professional Advice

The information contained in or made available through this Site cannot replace or substitute for the services of trained professionals in any field. In particular, you should regularly consult a doctor in all matters relating to physical or mental health. You alone are responsible and accountable for your decisions, actions and results in life.

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. Please refer to the third party website's own Privacy Policy and Terms of Use.

Indemnity

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, attorney's 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.

Governing Law & Venue

This Agreement shall be construed in accordance with, and governed by, the laws of Switzerland as applied to contracts that are executed and performed entirely in the canton of Zug. The exclusive venue for any arbitration or court proceeding shall be Baar, Zug, Switzerland.

The parties agree to attempt to resolve any dispute by mediation as a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and sent to: [email protected] or Émely's Fine Food, Früebergstrasse 20, CH-6340 Baar, Switzerland.

Severability

If any term, provision, covenant, or condition of this Agreement is held by a 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.