Terms and Conditions

Please take the time to read these Terms and Conditions (“Terms”) before using, visiting, viewing, purchasing from or accessing My Happy Home / http://www.myhappy-home.ch and its sub-domains, affiliated sites and social media pages and accounts of My Happy Home on Facebook, LinkedIn, Instagram, and Pinterest. (“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 My Happy Home / Helena Zachariassen, email lists and sequences, courses, coaching services, recordings, templates, contracts, forms, guides, e-books, workbooks, website materials, products and tools  (“Contents, Services, and/or Products”) are owned by J.A. Zachariassen & Co. (Schweiz) AG / My Happy Home / Helena Zachariassen (“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, Services, and/or Products, you are consenting and agreeing to be bound by these Terms.

You further warrant and acknowledge to 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 do not agree to ALL of these Terms, you are prohibited from using, visiting, viewing, downloading, purchasing or accessing any of our Contents, Services and/or Products.

Rules that apply to our Sites

When you use, visit, view, download, purchase from and/or access our Sites, you agree:

  1. Not to harm, stalk, defame, threaten, offend, harass, abuse or violate the privacy or legal rights of another person through or on our Sites.
  2. Not to post, upload distribute, publish or disseminate any names, materials or information that is considered inappropriate, defamatory, obscene, unlawful or indecent.
  3. Not to use our site in any way that will cause damage to us, our Site, or any of our users.
  4. Not to send unsolicited emails to our users.
  5. Not to transmit or post any unwanted or unsolicited content for the purpose of promoting or selling your products or services.
  6. Not to upload any files that contain viruses or worms that may destroy our operations or that of another user.
  7. Not to transmit, share, download, copy or post any content that infringes our intellectual property rights and that of other persons.
  8. Not to use any of our Content, Services and/or Products to violate any laws or regulations.

We reserve the right to disclose any materials you posted or information you provided in our Sites, in order to comply with any legal or governmental requests.

Personal Information

In order to download or purchase our Contents, Services and/or Products, you may be required to provide personal information about yourself including but not limited to your name, email address, billing address, payment details and other personal information. Any identifiable information that you provide us 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. When you transmit any personal information, you do so at your own risk.

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 you own username and password and to keep it confidential.

We reserve the right to terminate your access to any of our Contents, Services, and/or Products, 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.

Our Content are solely for Educational and Informational Purposes Only

The Contents, Services and/or Products stated in the Sites are of general nature and are not intended to be personalized financial/medical/legal advice.  All information and/or resources we share and provide are intended for private use and solely for informational and educational purposes only.

The Contents, Services and/or Products provided in or through our Sites pertaining to you, your business, career or any aspect of your life is not intended to be a substitute for a professional advice.

If you want a personalized advice specific to your situation, consider seeking the advice from a qualified professional in your locality or a professional that suits your individual circumstances.

We do not provide Medical or Mental Health Advice.

We are not holding ourselves as your doctor, physician, nurse, a medical professional (“Medical provider”) or Mental health provider.   We do not provide health care, medical or nutritional therapy services and neither are we diagnosing or attempting to diagnose, treat, prevent, or cure any physical, mental, or emotional issue, disease or condition. Nothing stated or posted in our Sites must be taken to be, the practice or medical, counselling, or professional advice or care.

Do not use this Site or any of our Contents, Services and/or Products if your mental or medical health care provider advice against it.

If you experience faintness, dizziness, pain, or shortness of breath at any time while using or implementing any of our Contents, Services and/or Products, you should stop immediately and contact your medical or mental health provider.  Do not delay or disregard medical advice given to you by your medical or mental health professional because of any information you may have read on our Sites.  Do not start or stop taking medication without speaking to your Medical or Mental health Provider.

Use this Site and our Contents, Services and/or Products at your own risk. You should not rely on any information on this Site as substitute for, or replacement to a professional medical advice, diagnosis or treatment.

We do not guarantee any specific Results

While we make every effort to ensure that we accurately represent our Contents, Services and/or Products, and the value they provide, there is no guarantee that you will achieve specific results by following the techniques, ideas, tips or strategies in our Contents, Services and/or Products.

Your level of success in attaining the results claimed depends on several factors such as your background dedication, your skills, motivation, level of effort and commitment.

What we presented in our Site are examples of exceptional results. There is no guarantee that employing our techniques, ideas, tips or strategies, Contents, Services and/or Products will yield the same results.

We cannot be responsible for your own actions. You should use your own due diligence when you use our Contents, Services and/or Products.

Testimonials, Feedback and Positive Reviews are but examples

The testimonials, reviews, opinions, and statements presented on our Sites are applicable to the individuals depicted. They are but 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, Services and/or Products.

The testimonials displayed are given verbatim, except for correction of grammatical or typographical errors. Some have been shortened in the event that the testimonial is lengthy, or if the entire testimonial did not seem relevant for 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.

We do not own all our Contents and it is possible that we used content that are 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 us or the copyright owner.

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 and do not necessarily reflect the official policy or position of My Happy Home / Helena Zachariassen.  Any content provided by our guest bloggers, authors or speakers are their opinion.

Our views or opinions in our Site are personal and do not reflect the ideas, ideologies, or points of view of any organization we may be affiliated with, in professional or personal capacity, unless explicitly stated.

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.

Our Sites may contain Affiliate Links

Our Sites may include Third Party and Affiliate links.  If you click or purchase something from the said link, we may earn a commission.

We do not guarantee the safety of any third party Links found in our Sites. We have no control over and assume no responsibility for the content, services, courses, products, privacy policies or practices of any third-party links. Proceed at your own risk.

Use your discretion when using products or services we endorse

Once in a while, our Site may feature sponsored posts for Products and Services that we tried.  We will only provide a truthful evaluation of such Product 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.

Giveaway Rules

No purchase or payment of any kind is necessary to enter or win this giveaway. Purchasing our service and/or product does not increase your chances or odds of winning.

This contest/giveaway is not sponsored, endorsed, administered, or otherwise associated with Instagram/Facebook/www.myhappy-home.ch

This contest/giveaway is hosted by My Happy Home

Only participants 18 years and above, located in Switzerland can participate.

In order to win, you need to follow these guidelines:

  1. Comment Below
  2. Tag a friend in separate comments.  One comment, one tag, one entry
  3. Sharing our post to your stories or feed earn you two entries.

Winners will be chosen by draw on the date mentioned on Instagram.

The winner/s will be announced on Instagram in Stories and via DM.

We do not guarantee or warrant any of our Contents, Services and/or Products

While every effort is made by Us to ensure that accurate information is disseminated in our Sites, we make no representation about the Contents, Services and/or Products and their suitability to any and every purpose.

Our Contents, Services and/or Products are provided “as is” and without express or implied warrant.

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 course of performance, course or dealing or usage in trade.

We do not warrant that the Contents, Services and/or Products we provide are complete, reliable, current or error free. Neither do we warrant the accuracy, completeness or reliability of any Third-Party Links or services that you may find on our Sites. Any reliance you place on said Links, Contents, Services and/or Products is therefore strictly at your own risk.

You alone are Personally Responsible for your Actions

You acknowledge that you voluntarily used, viewed, purchased, subscribed to, downloaded from or accessed our Sites, Contents, Services and/or Products.  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 our Sites.

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, Services, and/or Products, 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, forever discharge  J.A.Zachariassen & Co. AG (Switzerland), My Happy Home, Jens Zachariassen, Helena Zachariassen, our employees, agents, contracts and subcontracts, from any and all claims including those related to personal or business interruptions, misapplication or information.

You agree that your sole remedy with respect to any claim arising out of your use of our Sites, Contents, Services, and/or Products is to cease using them.

Intellectual Property

The Site, Contents, Services, and Products and all other information and Intellectual Property, including without limitation, copyrights, trademarks, designs, patents, trade secrets and proprietary information,  accessible on or through http://www.myhappy-home.ch, any third-party websites we may use to distribute or host our Sites, Contents, Services, and Products, as well as emails we send to you, are owned by us and are protected by copyright, trademark and other intellectual property laws.

Our name, the course, 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 / accessing any of our Content, Services, and Products, you do not gain any right, title or interest in the said intellectual property, unless we otherwise grant you rights through a 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, dissemination of any of our Contents, Services, or Products, 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, Services, or Products, you are only granted a non-exclusive, non-transferable, limited and revocable license that cover 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, create derivative works of any of our Content, Services, or Products.

Any violation of the Terms contained in this section shall be considered 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 in our Sites only after requesting and receiving a written authorization from us. You can direct your request at info@myhappy-home.ch.

Permission shall be conditioned on your agreement to abide by the following terms:

  1. You may only share our content for personal use
  2. You will directly link to our Site
  3. You will credit us should you share our content in your own blog, Site or social media account or a third party’s blog, Site or Social Media Accounts.
  4. You may not represent, claim or imply that you are in any way associated with My Happy Home and Helena Zachariassen
  5. You are not allowed to represent or imply that the Content is yours or was created for you.

Unauthorized Use

In the event that you use any of our Contents, Services, and/or Products 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 for our Services, and/or Products, or a minimum of $3,000 if you did not pay any fees, in addition to other remedies that we may be entitled to pursue.

Piracy

In case you violate or threatened 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, Services or Products, you agree to indemnify, pay and transfer to us any and 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 case through your acts or negligence, another person is able to make use, disseminate, distribute or share our Contents, Services, and/or Products, 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 may not be adequately compensated by damages. Therefore, you agree that any such violation or threatened violation will entitle us to obtain injunctive relief without having to file a bond, in addition to other legal remedies that 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 give us permission to take your photographs, make video and/or audio recordings of you (“Photographs and Recordings”), during our calls, webinars, 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, email 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 the use of 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 from you or to compensate you, now or at any time in the future.

Payment Terms

When you Download or Purchase any of our Services, and/or Products, you may use a payment by credit/debit card, Twint, Paypal or bank transfer.

You give us permission to automatically charge your credit card for payment and you will receive your receipt via email following your Purchase. This receipt should be retained for your records.

In case you elect to pay in installments, you give us permission to automatically charge each installment on your credit/debit card or Paypal without asking your permission. The amount and dates when each installment is due are agreed upon at checkout.

In case your payment method is declined, we will give you a grace period of 7 days to settle your account.  After which, you will automatically lose access to any of our Services, or Products you purchased, without refund of payments already made. The total or full cost of your Purchase is still due, and you remain responsible in settling it despite your payment method being declined.

We do not entertain, tolerate or accept any type of chargeback threat or actual chargeback from your credit card company placed on your purchase or download of any of our Services, and/or Products.

Should request for a chargeback, we reserve the right to report you to all credit card reporting agencies (CRA) or to any other entity for inclusion in any chargeback or delinquent account database.

You understand that 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@myhappy-home.ch and arranging for the payment of any outstanding payment.

No Refunds

Due to the nature of our Services, and Products, you agree that all sales are final. You agree and understand that no refunds shall be issued, for whatever reason. If you have concerns or if there is anything we can do to ensure your satisfaction, please email Helena Zachariassen at info@myhappy-home.ch.

Cancellation Policy

Please know that I value both your time and my time. When we set up a meeting, that time is set aside to focus on your project along with additional time to prepare. This allows me to come to the meeting ready and to utilise our time as efficiently as possible. I understand emergencies happen and cancellation may be required. If you do need to cancel, please contact me as soon as possible to reschedule by email at infoATmyhappy-home.ch or phone/text me at +41 78 733 0445.

To avoid being charged a cancellation fee, please make sure you contact us at least 24 hours ahead of your scheduled appointment. Cancellations requested within 24 hours will incur a penalty fee of 100 CHF.

Termination

In case you abuse, breach or violate any of these Terms, our Privacy Policy and any other terms to which you agreed to with us, we will terminate your use or access to our Sites, Services, and/or Products, 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.

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 or wait for your consent. You are however 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 grievance, contact us first at info@myhappy-home.ch so that we can resolve the dispute with you, to our mutual satisfaction as quickly and effectively as possible.

In case we are unable to amicably resolve the dispute, you agree to submit it to a binding arbitration to occur in or nearest Zurich, Switzerland.

You agree and hereby waive any right to class arbitration.  You further agree to conduct an arbitration solely based on your individual claim and/or entirely related to you claims against us.

The arbitral proceedings shall be concluded in English.

You further agree that you shall be responsible for all the costs that are associated with initiating the arbitration proceedings and all administration costs related thereto.

You hereby understand and agree that you are waiving your right to a jury 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 is issued by the arbitrator 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, Course 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 of our Contents, Services or Products, no joint venture, employment or agency relationship is created between you and us.

Entire Agreement

These Terms constitute the entire agreement between you and J.A.Zachariassen & Co. (Schweiz) AG / My Happy Home / Helena Zachariassen pertaining to our Sites, Contents, Services, and/or Products. These Terms supersede all and prior or contemporaneous agreements, representations, proposals and understandings between us.

Severability

In case 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 so as 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 personally notify you. It is your responsibility to check these changes and to update yourself.

Any new Content, Services, and/or Products 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.

If you have any questions or concerns regarding these Terms and Conditions, please contact us:

E-mail: info@myhappy-home.ch

Updated on 20.05.2023