OUR HAPPY PLACE

Happy Hub Terms and Conditions

 

 

Hello there! Lovely to e- meet you! 

 

We have set out below the terms that you agree to when you become a Happy Hub member. Please read through carefully to ensure you understand the terms.

 

Overview

 

This agreement sets out the terms and conditions (“Terms”) that govern your access to and participation in our member program (“Membership”) facilitated and run by Our Happy Place, (Commercial Register Number CHE-325.307.261)  (“Our Happy Place”, “we”, “us”, or “our”).

 

These Terms are a legal agreement between you (“you” or “your”) and us, and by completing the online application form and paying us to join our Membership as a member, you agree to be bound by these Terms, so it is important that you read these Terms carefully before applying. 

 

Membership

 

You may apply to become a Member by completing your details via the online application form on our website (“Website”). 

 

You agree to provide accurate, current and complete information about yourself as requested or directed on the Website, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your Membership if we suspect that such information is inaccurate or incomplete. 

 

Attendance and participation in the Membership are open only to persons aged above 18 years and you must have the necessary power and authority to enter into these Terms. 

 

You acknowledge and consent that part of your Membership includes recordings (in audio and/or video format) of your participation in the Membership, where you may feature prominently. These recordings are for the purposes of providing the Membership and for us to use in our promotional material to market the Membership. You acknowledge and agree to our usage of these recordings without restriction, including but not limited to our ability to use, modify, alter, publish, reproduce or distribute the recordings.

 

Your Membership commences once you pay the price as displayed on our Website and in accordance with these Terms (“Membership Fees”).

 

We may approve or deny your Membership application at our sole discretion.

 

Your Membership continues until terminated in accordance with these Terms.

 

To access the Membership and use the services, you are required to create an account and in doing so, you must give us accurate information including your name, your business name (if applicable), address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account setup process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account so keep your account password secure. You must not under any circumstances share your login details with anyone else.

 

We reserve the right to: 

  • limit the number of applicants and memberships; and/or

  • suspend or cancel your account at any time, at our sole discretion, including if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation. 

 

Membership Fees

 

We have different membership options available. Please make sure you are happy with the option you select as our membership offerings will renew automatically on a monthly basis. If you don’t want your membership to renew, we highly recommend you write the date in your calendar or set a reminder the day before so you can cancel your membership. We will miss you if you do, but totally understand.

 

Membership Options

The Happy Hub membership consists of three pricing options:

  • CONNECT - CHF 39 

  • MEET - CHF 49

  • THRIVE - CHF 59

 

All options are for a minimum initial period of one (1) month and will renew automatically at the end of each month. Your credit card will be charged the Membership Fee stated on the Website at the time of renewal. Founding members will keep the founding member price for as long as membership is maintained. If you cancel your membership and wish to rejoin, the renewal price may differ from the price you originally paid.

 

If you would like to cancel your Membership after the initial period, you will need to log into your account on the website and set your payment plan to cancel at least 7 days before your membership renews and payment is taken. If you fail to provide sufficient notice or no notice, you will incur a Membership Fee for the next billing cycle which is non-refundable. 

 

Membership is non-refundable. Once cancelled, you will not be charged the following billing period. There is no pro-rata refund of any fees when you cancel. 

 

Fee increase

We reserve the right to increase our Membership Fees at our sole discretion, however, where you have purchased a membership to Happy Hub prior to the Membership Fee increase, the initial price you purchased at will remain the same. If however you cancel your Membership and decide to purchase a new Membership, you will incur the increased price.

 

What happens if you don’t pay

If you do not pay us any portion of the Membership Fees when due your Membership may be cancelled, suspended, or you may be refused Membership entitlements and benefits until all outstanding amounts are paid.

 

You must inform us immediately if your payment details change. If payment is declined, your access to the Subscription will be suspended until payment has been updated and you must pay all monies due.

 

 

Membership Activities

 

Membership Benefits/ Entitlements

During your Membership, we will provide you with certain Membership entitlements and benefits as notified from time to time. Please note, however, that Membership Fees are payable irrespective of whether you use your Membership entitlements or benefits. We cannot guarantee the duration for which these entitlements and benefits will be available.

 

Our Membership entitlements may include third party services and content, however, to the extent you opt to use such entitlements, you agree that we cannot guarantee the accuracy or quality of such third party services or content and shall not be liable for such third party services and/or content.

 

You are granted access to the Membership until these Terms are terminated or the Membership is taken down. If the Membership is taken down, we will provide you with 30 days' notice.

 

Complaints Procedure

We are committed to providing a high standard of service. If you have any concerns or are dissatisfied with the service you have received and wish to raise a complaint, then please submit your complaint by emailing us at info@ourhappyplace.ch.

 

Any complaint submitted in accordance with these Terms must include the following information at a minimum:

Your name;

  • the email address you used to apply for the Membership;

  • details of your concern or complaint;

  • details of what you would like us to do to resolve the matter; and 

  • copies of any relevant correspondence.

 

We will provide you with an acknowledgement of your complaint within 3 business days of receipt. We will aim to resolve your complaint within 14 business days of receipt. If we are unable to address the complaint within 14 business days, then we will write to you to explain what is happening with your complaint. 

 

Prohibited Membership Use

It’s super important to us that everyone not only learns from us, but also enjoys our community. To ensure that happens there are some rules that you will need to follow (in addition to your other obligations).

 

In addition to any other prohibitions, you must not, under any circumstances, share or use the Membership, the Membership entitlements or benefits, the Website or any content or materials provided to you over the course of your Membership:

  • for any unlawful purpose; 

  • to solicit others to perform or participate in any unlawful acts; 

  • to violate any international, federal, or state regulations, rules, laws, or local ordinances; 

  • attempt to change, remove, deface, hack or otherwise interfere with this Website or any material or content displayed on the Website; 

  • hack into any aspect of the Service, corrupt data, or cause annoyance to other users;

  • infringe upon the rights of any other person's proprietary rights; 

  • send any unsolicited advertising or promotional material; or 

  • attempt to affect the performance or functionality of any computer facilities of or accessed through the Website or your Membership.

 

Intellectual Property Rights

 

Except for any content you may provide to us, all materials that are provided to you as part of your membership are our exclusive property, which means that we own that content. We would really appreciate it if you would be respectful of our ownership rights and do the right thing and use the content to make some magic in your life.

 

In relation to the Membership Materials:

We retain ownership of all Intellectual Property Rights (including Moral Rights) in:

  • Membership Materials; 

  • the Membership services to the extent they contain Membership Materials, you are granted (subject to you paying Membership Fees) a limited right to use Membership Materials and it may only be used for the purposes set out in the Terms, as part of your Membership;

  • You will not modify the Membership Materials except to the extent that they relate to templates provided for your use and as otherwise agreed by us; and 

  • You will not sublicense, publish, sell, or otherwise provide it or allow it to be used by third parties.

 

Testimonials

Where you have provided testimonials (in any format), we may use those testimonials to refer to you in our Websites, and other media (including social media channels) for the sole purpose of promoting our Membership and our services.

 

We love it when you give us feedback and suggestions. It helps us improve our products and services, the only thing is we can’t pay you if we use any feedback or suggestions.

 

Intellectual Property Right Consent and Indemnity

You represent and warrant that you are the owner of the intellectual property rights in any content you provide to us (Member Content) or that you have a license to use and distribute the Member Content. You will indemnify us against any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of any breach of intellectual property rights (including third party intellectual property rights) from our use of the Member Content.

 

By submitting an online application and participating in our Membership, you grant us a non-exclusive, irrevocable, royalty-free, perpetual license to use, modify, adapt, reproduce or communicate, your Member Content to the extent required to provide the Membership.

Termination

 

We may terminate the Terms with immediate effect, by giving you written notice if:

  • You do not pay the Membership Fees when due;

  • You fail to comply with any of the provisions of these Terms or otherwise breach any undertaking, warranty or obligation under this agreement;

  • engaging in conduct injurious or potentially harmful to our reputation;

  • disclosing Confidential Information without consent.

  • You fail to conform or abide by our applicable rules (including online group rules), policies or procedures;

  • Your actions are contrary to our interests; or

  • We consider that mutual trust and/or confidence no longer exists.

 

If we terminate your Membership, we may, but are not obliged to, refund any prorated balance of the Membership Fee already paid by you.

 

Disclaimer, Warranties, Indemnities and Liability

 

Disclaimers and Warranties

You use our products and services at your own risk. We cannot guarantee any particular outcome as there are too many variables involved.

 

You and we agree that:

  • The Website, Membership and content is provided on an ‘as is’ basis;

  • You use the Website and Membership at your own risk;

  • You are responsible for maintaining the security of your account and access to the Website and Membership including by maintaining the security of your password and account login details.

 

The information and advice provided during the Membership are intended to be for educational purposes only and no warranty or condition of any kind (either express or implied), or fitness for a particular purpose or that any result or objective can or will be achieved or attained at all.

 

We do not provide any legal, tax, or other professional advice and would advise that you seek expert professional advice before acting on any information provided to you.

 

No Guarantee

Any success you gain will be dependent on your own efforts, commitment, and intent to follow through, as each person’s success is completely dependent on their background, dedication, drive, and motivation to succeed, as well as many other factors. Under no circumstances can we guarantee a particular result, whether financial or otherwise. You acknowledge and agree that results may differ from person to person. You acknowledge and agree that when you purchase the Membership or any other program, participate in any coaching or purchase a product and /or service, that results may vary as there are too many variables to guarantee success. Any client reviews, statements or examples advertised or available on our Website or via any content we communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.

All express or implied warranties, representations, statements, terms and conditions relating to the Terms or its subject matter which are not contained in the Terms are excluded from the Terms to the maximum extent permitted by law.

 

By referencing any programs, courses, products or services throughout the Membership, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the programs, courses, products or services.

 

Indemnities and Liability

If we suffer any damage or loss due to your actions, including violating our Terms or any laws, then you are responsible for all associated costs. To the extent we have any liability to you, then our liability is limited to the fees paid by you in the 6 months preceding the liability event.

 

You and we agree that:

  • We and agents or associates shall not be liable for any loss or damage resulting from your Membership, except as expressly permitted by law and as set out in these Terms. 

  • You have a number of rights and consumer guarantees under Swiss Law, including that our services are fit for purpose, provided with acceptable levels of care and skill, and provided within a reasonable timeframe.

  • If during your Membership, we do not meet the guarantees above, please contact us immediately and provide us with details and evidence (if possible) of the problem, in accordance with these Terms.

  • If our services are confirmed to have a major problem, we will re-supply the services or refund all or part of the Membership Fee (as applicable) to your original payment method. The applicable refund amount will be determined by the nature of the problem and the degree to which you may have been partially responsible for the problem. 

  • We do not offer refunds where you insisted on having the Membership services provided in a way that is contrary to our advice, failed to clearly explain your needs to us or simply changed your mind. 

 

We cannot guarantee and we do not promise any specific results from the Membership.

You will indemnify us against all loss, cost, damage or expense (including our legal costs and associated costs of investigations and enforcement) directly or indirectly related to your breach of these Terms.

 

Without limiting these Terms, we will not be liable to you for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) resulting from:

  • the use or inability to use the Membership;

  • statements or conduct of any third party or other Member; or

  • your reliance on the recommendations and suggestions of any other Member.

 

To the extent that we are liable for anything, our maximum liability to you is capped to the fees paid in the 6 months preceding the liability’s occurrence.

 

Confidentiality and Privacy

 

Each party agrees that, unless it has the prior written consent of the other party, it will:

keep confidential at all times, the Confidential Information of the other party; and 

ensure that any personnel, advisors, employees or contractors to whom Confidential Information is disclosed, are aware of and comply with this clause.

 

However, the obligations of confidentiality outlined in these Terms do not apply to any disclosure that:

  • is for the purpose of performing the Terms or exercising a party’s right under the Terms;

  • is required by applicable law or by law enforcement agencies; or

  • relates to Confidential Information which is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.

 

For the purposes of this clause, confidential information in relation to a party means information of a confidential nature including information about participation or conduct during coaching or mentoring sessions, participation in any workshops, information relating to concepts, know-how, systems and processes (“Confidential Information”).

 

Privacy

We respect your privacy and will do our level best to protect your personal information.

 

When you apply for your Membership, we will require you to provide us with certain personal information about you; this may include information about your full name, date of birth, email address, credit card details, and mailing address. 

 

Your privacy is extremely important to us, and we take your privacy seriously. We will only use the personal information provided by you to us strictly for the purposes of providing you with our Membership services and to market to you with your consent. Where you wish to withdraw your consent, you can unsubscribe within the body of any email we send or inform us via email. We will disclose and deal with your information in accordance with our privacy policy which you can access at any time in our standard TC's and Privacy terms.