WEBSITE TERMS OF USE
LAST UPDATED: 01 October 2026
These Terms of Use should be read together with our Privacy Policy and our Disclaimer, which form part of these Terms.
SUMMARY
These Terms outline the rules applicable when you visit our website, access any of our services (including free services), or engage with our offerings.
These rules specify permissible and prohibited actions, define our responsibilities, and explain our business processes.
These Terms are our general terms. Where you purchase a specific programme, course, corporate offering, event or one-off session from us, you will also enter into a specific agreement for that offering. If anything in that specific agreement conflicts with these Terms, the specific agreement applies.
It is important that you read these rules thoroughly. If you do not agree with them, you should refrain from visiting our website or accessing any of our services.
Below, you will find a summary of our most important rules, which are further detailed in the full terms. The summary is for convenience only. If the summary and the full terms differ, the full terms apply.
Are there age restrictions for using our website and services?
Yes. Our services are for adults aged 18 and over. We do not provide services to anyone under 18.
What rules do I need to follow on the Sites?
You agree not to harm, stalk, defame, or harass anyone. Don't post anything inappropriate or illegal, send spam, or upload harmful files. Respect others' intellectual property rights and follow all laws.
Do you collect personal information?
Yes, in accordance with our Privacy Policy, which you can read here.
Can I share your Content?
Yes, you can share our Content for personal use. Just link back to our Site or social media and give us credit. Don't claim our Content as your own.
Can I share materials I got from you with third persons?
Absolutely not without our permission. We retain copyright over these materials, even if you paid for the service.
Do you allow refunds?
Generally no, unless your specific agreement with us says otherwise, or unless you have a right to a refund that cannot be excluded by law.
Do you have a waiting policy?
Yes. We have a 15-minute waiting policy. If you are late or do not show up without notifying us, the session is forfeited. You may not get a refund or request to reschedule the session.
Can I reschedule sessions?
Yes, you can, but you need to inform us at least twenty-four (24) hours before the next session; otherwise, the fees for that specific session are forfeited in our favour.
Is your Content medical advice?
No. Everything we provide is educational and informational. It is not medical, clinical, nutritional or psychological advice and it is not a substitute for care from a qualified healthcare professional. Please read our Disclaimer in full.
How can I book your Services?
You can book our services through our website, by email, or via social media. Services will commence only after a Service Agreement has been signed and payment has been made, unless we agree otherwise in writing.
How are disputes resolved?
Talk to us first. We encourage communication. If we cannot resolve it between us, we will try mediation. If mediation does not resolve it, the matter goes to the courts of Dornach, Switzerland, or to any other court that the law says you may use.
Complaints or Questions?
You can email us at highamsally6@gmail.com or message us on social media. We aim to respond promptly during our working hours: Monday - Friday (9:00 - 17:00).
FULL TERMS OF USE OF SALLY HIGHAM ADVISORY
Please take the time to read these Terms and Conditions ("Terms") before using, visiting, viewing, purchasing from, or accessing our website, sub-domains, affiliated sites, and Sally Higham Advisory's accounts, channels and groups on Facebook, Instagram, LinkedIn, YouTube and WhatsApp ("Site"/"Sites"). These Terms also apply to all programmes, courses, cohorts, corporate sessions, events, workshops and community groups we deliver, whether online, in person, live or recorded, and whether hosted on our own platforms or on third-party platforms including Squarespace, Zoom, Google Meet, YouTube, WhatsApp and event ticketing platforms.
The Sites and all audio, visual, and written resources and information contained therein, including but not limited to blog posts, designs, documents, emails received from Sally Higham Advisory / Sally Higham, email lists and sequences, courses, coaching services, live and recorded sessions, recordings, slide decks, workbooks, polls and poll results, community and messaging groups, events, one-to-one sessions, templates, contracts, forms, guides, e-books, website materials, products, and tools ("Contents and/or Services"), are owned by Sally Higham ("We", "Us", "Our").
These terms apply to all users, visitors, viewers, subscribers, clients, and/or customers of our Sites (“User”, “You”, “Your”) and govern your use of, access to, and/or purchase from our Sites
ORDER OF PRECEDENCE
These Terms are our general terms and apply to everyone who uses our Sites or engages with our Contents and/or Services.
Where you purchase a specific offering from us, you will also enter into a specific agreement for that offering, which may be a programme agreement, corporate services agreement, event booking, or session terms (each a "Specific Agreement").
If there is any conflict or inconsistency between these Terms and a Specific Agreement, the Specific Agreement prevails, but only in relation to the offering it covers and only to the extent of the conflict. In all other respects these Terms continue to apply.
Our Privacy Policy and our Disclaimer are incorporated into these Terms. If there is any conflict between these Terms and our Disclaimer on a matter of medical, health, safety or professional scope, the Disclaimer prevails.
YOUR CONSENT
By using, visiting, viewing, downloading, purchasing, and/or accessing our Contents and/or Services, you consent to and agree to be bound by these Terms.
You further warrant and acknowledge that you have read 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 may 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 the privacy or legal rights of others 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 could cause damage to us, our Site, or any of our users.
Not to send unsolicited emails 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 could damage our operations or those of another user.
Not to transmit, share, download, copy, or post any content that infringes on our intellectual property rights or those of other persons.
Not to use any of our Contents and/or Services to violate any laws or regulations.
Not to record, screenshot, transcribe or otherwise capture any live session, call, workshop or community group, or any other participant in one, without our prior written permission and the permission of every participant concerned.
Not to disclose outside the group anything another participant shares about their health or personal circumstances in a session or community group.
We reserve the right to disclose any materials you have posted or information you have provided on our Sites to comply with any legal or governmental requests.
THIRD-PARTY PLATFORMS
We deliver parts of our Contents and/or Services through third-party platforms, which may include Squarespace, Zoom, Google Meet, YouTube, WhatsApp, Calendly, event ticketing platforms and payment providers.
When you use those platforms, you are also bound by their own terms and privacy policies, and you are responsible for complying with them. We do not control those platforms and we are not responsible for their availability, functionality, security, or for any change to or discontinuation of their services.
PERSONAL INFORMATION
When you interact with our content or purchase through our Sites, we may collect personal information, including your name, email address, billing address, payment details, and other information you provide to us. Any identifiable information you provide is governed by our Privacy Policy, which is accessible here.
Your data protection rights are set out in our Privacy Policy, including your rights to request information/access, correction, and other rights provided by applicable data protection law, including the Swiss Federal Act on Data Protection and, where it applies to you, the General Data Protection Regulation.
You agree to provide only your own complete, accurate, correct, and up-to-date information.
You shall not create a false identity or sign agreements as someone else when using, visiting, viewing, downloading, purchasing from, or accessing our Sites.
While we strive to protect your personal information, no data transmission over the internet can be guaranteed to be entirely secure. You acknowledge that we cannot warrant the security of any information you transmit via the internet and accept the risk associated with sharing personal information online.
USERNAME AND PASSWORD
When you access our membership areas, you will be required to create a user account, which involves submitting a username and password. You agree to maintain the confidentiality of your username and password and to protect them from unauthorized use.
We reserve the right to terminate your access to any of our Contents and/or Services without a refund if you share your username or password, or if we have reasonable grounds to suspect that you have shared your username or password to allow access to our Services and/or Products by any person, group, or individual.
DISCLAIMERS
Our Content on our Sites is for Educational and Informational Purposes Only
The content provided on our Sites is general in nature and is not intended as professional financial, legal, accounting, medical, psychological advice or otherwise. All information and resources shared are for private use and are not guaranteed to be complete, accurate, or current. We make no representations or warranties regarding the completeness, accuracy, or reliability of the information provided on our site.
We do not provide Medical or Mental Health Advice.
We are not acting as your doctor, physician, nurse, gynaecologist, dietitian, medical professional or mental health provider. We do not diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition, including menopause and perimenopause and any of their symptoms. Our content addresses menopause and perimenopause from an educational, informational and peer-support perspective only.
Where our programmes include general information on nutrition, movement, supplements, hormone replacement therapy (HRT) or other treatments, that information is general and educational, is not tailored to you, and must not be relied on as a recommendation for or against any treatment, medication, supplement or course of action. Nothing on our Sites or in our Services should be construed as medical, clinical, nutritional, psychological or counselling advice.
Do not use this site or any of our content and services if your medical or mental health provider advises against it.
Should you experience faintness, dizziness, pain, or shortness of breath while using our content or services, stop immediately and consult your healthcare provider. Do not delay seeking or disregard medical advice based on information you have read on our site. Do not start or stop any medication without professional medical guidance.
Our Services are not a crisis service and are not monitored for emergencies. If you are experiencing a medical or mental health emergency, or you are having thoughts of harming yourself, do not use our Sites, Services or community groups to seek help. Contact your doctor, your local emergency services, or a crisis helpline in your country immediately.
Use this site and our content and services solely at your own risk. The information on this site is not intended as a substitute for professional medical advice, diagnosis, or treatment.
Guest Speakers, Practitioners and Partners
Our programmes may include guest speakers, practitioners and partners, including nutritionists, trainers, medical professionals and others (together, "Guest Contributors"). Guest Contributors are independent third parties. They are not employed, engaged or supervised by us, and they act on their own account and under their own professional responsibility, qualifications, registration and insurance.
We do not verify, endorse, adopt or warrant any information, opinion, recommendation, protocol or advice given by a Guest Contributor, and we are not responsible or liable for it. Any relationship you form with a Guest Contributor outside our programmes is solely between you and them, and we are not a party to it and accept no responsibility for it.
Guest Contributors are not paid by us. Some Guest Contributors may benefit indirectly from participating, including by gaining exposure to potential clients. You should take this into account when considering anything a Guest Contributor tells you, and you should carry out your own checks on their qualifications before engaging them.
Physical Activity and Movement Content
Some of our content includes information about movement, exercise, strength training and physical activity. Participation is entirely voluntary and at your own risk.
Before undertaking any physical activity described or demonstrated in our content or sessions, you must consult your doctor or another qualified healthcare professional, particularly if you have or suspect you may have any medical condition, including but not limited to cardiovascular conditions, osteoporosis or reduced bone density, joint, muscular or skeletal injury, high or low blood pressure, or if you are pregnant, recently post-partum, or recovering from surgery or illness.
We do not assess your fitness, health or suitability to participate, and no such assessment should be inferred from your enrolment or participation. Sessions are delivered remotely and are not supervised. You are solely responsible for your environment, equipment, technique and physical limits.
Stop immediately and seek medical attention if you experience pain, discomfort, faintness, dizziness, chest pain, shortness of breath or any other adverse symptom.
Eligibility and Location
Our Services are intended for adults aged 18 and over. We do not knowingly provide Services to minors.
Our content is prepared from a general perspective and is not tailored to the healthcare system, clinical guidelines, regulatory framework, treatment availability or professional standards of any particular country. Our participants are located worldwide. Information about treatments, medications, supplements, tests or routes to accessing care may not be accurate, available, lawful or appropriate where you live. You are responsible for checking the position with a qualified healthcare professional in your own jurisdiction.
Community Groups, Peer Content and Recordings
We may host or facilitate community and messaging groups, including WhatsApp groups, for cohorts, events and local communities. These groups are peer spaces. Content shared in them by other participants is not created, reviewed, verified or endorsed by us, and we accept no responsibility or liability for it. Other participants are not healthcare professionals and their experiences are not advice. Do not rely on information shared by other participants in place of qualified medical advice.
We do not monitor these groups continuously and they must not be used to report an emergency.
We cannot guarantee the confidentiality of anything you share in a group setting. Other participants may see, record, copy or repeat what you share. Please consider carefully before disclosing health information or other sensitive personal information in any group, session or community space.
Live group sessions may be recorded and made available to participants. We record the teaching and presentation part of a session only. We stop recording before participant questions, discussion or sharing begin, so that what you say about your own health or circumstances is not captured.
We will tell you when recording starts and when it stops. If you speak, appear on camera or use the chat during the teaching part of a session, you may still be captured in the recording. If you do not wish to appear at all, keep your camera and microphone off and do not use the chat until recording has stopped.
Recordings are made available for participants' personal use only and may not be copied, downloaded, shared, published or redistributed.
You may not record, screenshot or transcribe any session, or any other participant, without our prior written permission and the permission of every participant concerned.
Corporate and Organisational Clients
Where we deliver sessions, programmes or workshops to an organisation, its employees, workers or members ("Corporate Services"), the following applies in addition to the rest of this Disclaimer.
Corporate Services are awareness and education sessions. We do not provide human resources, employment law, occupational health, health and safety, diversity and inclusion compliance, or workplace policy advice, and nothing we deliver should be treated as such. We do not advise on, assess or comment on the circumstances of any individual employee, and we do not provide any form of clinical or occupational health assessment.
The organisation remains solely responsible for its legal obligations to its people, including its obligations relating to health and safety, discrimination, equality, data protection, accommodations and adjustments, and for taking its own professional legal, HR and occupational health advice before acting on anything covered in a session.
No relationship of any kind arises between us and an individual attendee by reason of their attendance at a Corporate Service. Attendees who wish to act on anything discussed should consult their own doctor.
Where materials, slides, recordings or poll results are provided to an organisation, the organisation is responsible for how they are stored, used, distributed and retained within its business, and for compliance with applicable data protection law in relation to its own people.
Participation by attendees is voluntary. Attendees should not be required to disclose personal health information, and we do not ask them to.
We do not guarantee specific Results
We cannot guarantee specific outcomes when you utilize the techniques, ideas, tips, or strategies we provide. Your success in achieving results depends on various factors, including your background, dedication, skills, motivation, effort, and commitment.
The examples provided on our site reflect exceptional results, and we cannot assure that you will achieve similar outcomes by using our techniques, ideas, tips, strategies, content, or services.
We are not liable for your actions. Please exercise due diligence when using our content and services.
We do not guarantee commercial or professional outcomes
Where partners, guest contributors or collaborators work with us, we make no representation or guarantee as to any commercial benefit, exposure, referrals, clients or income they may receive. Any such arrangement is at their own risk and on their own commercial judgement.
Testimonials, Feedback, and Positive Reviews are but examples
The testimonials, reviews, opinions, and statements presented on our sites pertain only to the individuals depicted. They serve as examples, and there is no guarantee that you will achieve the same results as other users.
We do not claim that these are typical results that users generally attain. The testimonials are not necessarily representative of all those who utilize our content and/or services.
Where a testimonial refers to changes in symptoms, wellbeing, health or quality of life, it describes that individual's own subjective experience only. It is not clinical evidence, it has not been medically verified, and it is not a claim that our Services treat, improve or affect any condition or symptom. Menopause is experienced differently by every individual.
The testimonials displayed are verbatim except for corrections of grammatical or typographical errors. Some testimonials have been shortened if they are lengthy, or if parts of the testimonial are not relevant to the general public.
Opinions that you find on our Site are those of the authors
The views and opinions expressed on our site are solely those of the authors and do not necessarily reflect the official policy or position of Sally Higham Advisory / Sally Higham. Content provided by our guest bloggers, authors, or speakers represents only their own opinions.
The views or opinions expressed on our site are personal and, unless explicitly stated otherwise, do not represent the ideas, ideologies, or viewpoints of any organization with which we may be affiliated, whether in a professional or personal capacity.
These views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.
Use your discretion when using products or services we endorse
Occasionally, our site may feature sponsored posts for products and services that we have tried. We commit to providing a truthful evaluation of such products and/or services. However, we make no warranties, guarantees, or representations regarding the success, effectiveness, or safety of these 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 strive to ensure that accurate information is disseminated on our sites, we make no representations about the content and/or services and their suitability for any particular purpose.
Our content and/or services are provided 'as is' without any express or implied warranties.
Any representation or warranty that might otherwise be implied is expressly disclaimed, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, as well as all warranties arising from a course of performance, course of dealing, or usage of trade.
You alone are Personally Responsible for your Actions
You acknowledge that your engagement with our sites, content, and/or services, including use, viewing, purchasing, subscribing, downloading, or accessing, is entirely voluntary. You alone are responsible for your choices, actions, and inactions. You agree to exercise your own judgment and conduct due diligence before implementing any ideas, suggestions, or recommendations 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 for any direct, indirect, special, incidental, consequential, or punitive damages arising from your use, visit, subscription to, download from, purchase from, or access to our sites, content, and/or services. This includes, but is not limited to, damages caused by viruses in electronic files of our sites or any linked sites, loss of income or profit (including projected profits), loss or damage to property, claims of third parties, or your inability to access our sites.
If you are a consumer, nothing in this Disclaimer affects your mandatory rights under the law of your country of residence.
You hereby release, absolve, and forever discharge Sally Higham Advisory / Sally Higham and our employees, agents, contractors, and subcontractors from all claims, including those related to personal or business interruptions, misapplication of information, or other potential losses. This release is subject to the paragraph above.
You agree that your sole remedy in respect of any dissatisfaction with our Sites, Content and/or Services is to discontinue using them. Any right to a refund is governed exclusively by our Terms of Purchase and by any mandatory consumer rights that apply to you. Nothing in this Disclaimer creates a right to a refund.
WORKING HOURS
Our working hours: Monday - Friday (9:00 - 17:00). We do not respond to emails, messages, or calls outside of our working hours. Additionally, we do not respond to communications during Public Holidays or periods of announced vacation/temporary closure.
PROMPT COMMUNICATIONS
We will endeavor to respond to all queries, concerns, or requests for proposals within five (5) working days. If you do not receive a response within this timeframe, please resend your communication.
All queries or requests for clarification from us must be promptly responded to within five (5) working days from the date we sent the communication.
If we do not receive a response, we will send two reminder emails. Should we fail to receive a reply after these reminders, we will assume that you no longer interested in the service or proposal in which case, we will immediately terminate the service or disregard the proposal or offer.
In the event of termination under this section, no refunds for any payments made will be issued, except where a refund is required by mandatory law or by your Specific Agreement. In the case of proposals or offers, you need to ask for a new proposal or offer if you are still interested in engaging our services.
HOW TO ENGAGE OUR SERVICES
You may book our services through our website or by filling up 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 within the timeframe provided above.
All service requests are deemed accepted by us only upon the conclusion of a Specific Agreement and payment of fees, unless we agree otherwise in writing.
PAYMENT TERMS
Unless otherwise specified, all fees must be paid in full before we commence any service. Additionally, you are responsible for all international fees and charges associated with your purchase. These may include, but are not limited to, currency conversion fees, international transaction fees, and bank fees.
For Corporate Services, invoicing and payment terms are set out in the Specific Agreement for those services.
In the rare instance that we permit payment of fees through instalments, you are required to adhere to the fee schedule specified in your contract or provided during the checkout process. You further authorise us to automatically charge the payment method used for the initial instalment.
Should your payment method be declined, or should you unilaterally cancel the automatic charge by actions such as failing to update your credit card information or canceling the payment method initially chosen, we will provide a grace period of ten (10) days for you to settle the charge. If the fee is not settled within this period, we will consider your action a breach of our terms. Consequently, you will automatically lose access to any of our Contents and/or Services you have purchased, without a refund of payments already made. The total cost of your purchase will remain due, and you are obligated to settle it.
You will receive a receipt via email following your purchase. This receipt should be retained for your records.
If you have a concern about a payment, please contact us first so that we can resolve it. If you initiate a chargeback or payment reversal without first contacting us and without valid grounds, we reserve the right to contest it and to pursue the outstanding amount, together with our reasonable administrative costs of up to One Hundred and Fifty Swiss Francs (CHF 150.00) or equivalent, through lawful collection and enforcement channels. Nothing in this paragraph affects any rights you have against your card issuer or payment provider.
INTERESTS AND REMINDER FEES
In the event of non-payment of any fees or charges due, we will attempt to send reminder emails.
A fee of Twenty Swiss Francs (CHF 20.00) or equivalent will be imposed for each reminder sent, whether by email or post, in addition to the outstanding payments. We will charge no more than three (3) reminder fees in respect of any single overdue amount.
Interest on overdue amounts will be charged at the statutory rate of five per cent (5%) per annum from the date the payment falls due, or at such other rate as may be agreed in your Specific Agreement.
CANCELLATION BY THE CLIENT
Our cancellation policy is detailed in the Specific Agreement that you have entered into or agreed to with us.
If you reside in the European Union (EU), the UK, or any country that gives you a statutory withdrawal period, you have the right to cancel your booking within fourteen (14) days from the date of purchase, a period known as the 'cooling-off period'.
Where you ask us to begin providing the service or to give you access to digital content during the cooling-off period, we will do so only if you have expressly requested it and acknowledged that doing so affects your withdrawal right. In that case:
a) for digital content, you lose your right to withdraw once download or streaming has begun; and
b) for services, you may still withdraw within the fourteen (14) days but you must pay a proportionate amount for the part of the service already provided up to the point you tell us you are withdrawing.
To withdraw, tell us in writing at the contact address below before the cooling-off period ends. We will refund any amount due to you within fourteen (14) days of receiving your notice, using the same payment method you used.
REFUNDS POLICY
Our refund policy is specified in the Terms, Contract, or Agreement you have entered into or agreed to with us.
We reserve the right to deny any refund requests that do not meet the eligibility criteria or that violate our terms and conditions. We also reserve the right to modify or discontinue this refund policy at any time without prior notice.
CANCELLATION OF SESSION BY US
We reserve the right to refuse, modify, or cancel any session, program, or product booked or purchased at our discretion. Should such an event occur, we will attempt to notify you using the email address or phone number provided at the time of booking.
Unless the cancellation is due to a breach of our terms as outlined in this document or any contract you have signed with us, we will offer you a replacement session or, if you prefer, a pro-rated refund for any fees paid for unused sessions.
RESCHEDULING OF SESSIONS AND/OR CALLS AND WAITING PERIOD
Except for group calls, you may reschedule individual sessions and/or calls provided that we receive written notice at least twenty-four (24) hours before the scheduled call and/or session. If you fail to provide prior notice within this period, the session or call will be deemed forfeited. You will not be entitled to reschedule the forfeited session / call or request a refund.
We maintain a fifteen-minute waiting policy. If you do not notify us in advance that you will be late, or in the event of a no-show, the session will be deemed forfeited. You will then have no right to a refund or to reschedule the session.
Group sessions run to a fixed schedule and cannot be rescheduled. Where a group session is recorded, we will make the recording available to participants who could not attend.
We will not apply the forfeiture rules in this section where you are unable to attend for a reason falling under Excusable Days and Force Majeure below, and you tell us as soon as reasonably possible.
INTELLECTUAL PROPERTY
Our Site, including all contents, materials, and media used in rendering our Services, as well as all intellectual property such as copyrights, trademarks, designs, patents, trade secrets, and proprietary information accessible on or through our Sites, any third-party websites we use to distribute or host our Sites and/or Services, and emails we send to you, are owned by us and are protected by intellectual property laws.
All content we create, including course materials, workbooks, slide decks, recordings, frameworks and written content, remains our property or that of our licensors, including where it has been prepared for or delivered to a particular client. Unless a Specific Agreement says otherwise in writing, you do not acquire ownership of any materials we create in the course of providing our Services.
Some content on our Sites is owned by third parties, including Guest Contributors, and is used with permission or under an applicable statutory exception. All rights and credits remain with the rightful owners. We do not intend to infringe the rights of any third party. If you believe content on our Sites infringes your rights, please contact us using the details below and we will address it promptly.
Our name, course names, service and product names, logos, designs, taglines, and slogans are our trademarks, which you may not use without our written permission.
By using, visiting, viewing, downloading, purchasing, or accessing any of our Content and/or Services, you do not acquire any rights, title, or interest in the aforementioned intellectual property unless explicitly granted through prior written authorisation from us.
We will enforce our intellectual property rights to the fullest extent available to us at law.
LIMITED RIGHTS GRANTED TO YOU
When you purchase and/or download any of our Content or Services, you are granted a non-exclusive, non-transferable, limited, and revocable licence for your own personal use only, or, in the case of Corporate Services, for the internal purposes of the organisation that purchased them.
Unless expressly authorised, you may not copy, share, forward, distribute, reproduce, republish, or otherwise disseminate; nor may you sell, licence, rent, adapt, edit, translate, enhance, reverse engineer, or create derivative works from any of our Content and/or Services. Creating derivative works from the licensed Content and/or Services without prior authorisation is strictly prohibited and constitutes a violation of our intellectual property rights.
We reserve all rights not explicitly granted in these Terms
CONTENT SHARING
You may share our Content found on our Sites without asking permission from us provided that the following terms are complied with:
You may share our content only for personal use.
You must provide a direct link to our site or social media account when sharing our content.
You must credit us when sharing our content on your blog, site, social media account, or on a third party's blog, site, or social media accounts.
You may not represent, claim, or imply any association with Sally Higham Advisory.
You are prohibited from representing or implying 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 in a manner contrary to the authorization granted, you agree to pay compensational damages in the amount of three (3) times the total fees you paid, or a minimum of Three Thousand Swiss Francs (CHF), whichever is higher. This is a genuine pre-estimate of the loss we would suffer and is in addition to any other remedies to which we may be entitled. Where our actual loss exceeds that amount, we may claim the full amount of our loss instead.
PIRACY
In the event that you violate or threaten to violate any of our intellectual property rights, titles, or interests through acts including, but not limited to, pirating, enhancing, reverse engineering, usurping, or creating derivative works of our Contents or Services, you agree to indemnify us and transfer all earnings obtained from such violations to us.
Furthermore, you agree that we are not required to prove pecuniary damage to establish a breach of our intellectual property rights; proof of the violation or threatened violation shall suffice.
You also agree to indemnify us if, through your acts or negligence, another person is able to use, disseminate, distribute, or share our Contents and/or Services, or engage in any act that infringes upon our intellectual property rights, titles, or interests.
You acknowledge that any actual or threatened violation of our intellectual property rights could cause irreparable harm to our business and reputation, a harm for which monetary damages would be inadequate. Consequently, you agree that we shall have the right to seek injunctive relief without the necessity of posting a bond, in addition to any other legal remedies available to us.
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 have the rights necessary to submit the Media and to grant the permissions set out in this clause, and that you are at least 18 years of age.
If, during our calls, webinars, workshops, or other communications (“Communications”), we take photographs or make video and/or audio recordings of you (“Photographs and Recordings”), you agree that we may do so.
You grant us a non-exclusive, royalty-free licence to use your Media and any Photographs and Recordings only to the extent necessary to provide the service.
We may use your Media and any Photographs and Recordings for marketing or promotional purposes only where you have expressly consented (for example, in a separate media release or written consent). Where you have expressly consented to marketing use, you also consent to our identifying you in connection with that use (for example by name, email address, social media handle, or screen name).
We may discontinue the use of your Media, Photographs, and/or Recordings at any time.
TERMINATION
In the event that you abuse, breach, or violate any of these Terms, our Privacy Policy, or any other agreements you have entered into with us, we reserve the right to terminate your access to our Sites and/or Services immediately, at our sole discretion, and without prior notice. No refunds will be issued upon such termination, except where a refund is required by mandatory law.
Furthermore, we will not be liable for any claims, damages, or liabilities that you may incur as a result of or in connection with such termination or discontinuance.
EXCUSABLE DAYS AND FORCE MAJEURE
The following are considered Excusable Days:
Unfavorable weather conditions, as determined by us;
Verifiable illness or injury of the Parties, evidenced by a doctor’s note;
Force Majeure or any circumstance beyond our reasonable control that prevents us from fulfilling our obligations.
This includes, but is not limited to, acts of God, natural catastrophes, extreme weather conditions, strikes, lock-outs, terrorism, political and civil unrest, sabotage, industry-wide shortages, plant breakdowns, loss of electricity supply, cyber-attacks, or the non-performance of our suppliers or any third parties we depend on.
You agree to reschedule any appointment or session in the event of an Excusable Day as defined in this provision. Should a force majeure event extend beyond three months, either party has the right to terminate the contract and cancel any scheduled appointments or sessions without incurring liabilities, and we will refund any fees paid for services not yet delivered.
MODIFICATION OF SERVICE AND PRICES
We reserve the right to modify the descriptions of our services, adjust pricing, or discontinue any service or any part or content thereof without prior notice to you and at our sole discretion.
Additionally, we reserve the right to limit the sales of our services to any person, geographic region, or jurisdiction as we deem necessary.
We shall not be liable to you or any third party for any damage, loss, or injury resulting from any modification, price change, suspension, or discontinuance of our services.
INDEMNIFICATION / HOLD HARMLESS
You agree to indemnify, defend, and hold harmless Sally Higham Advisory, Sally Higham, Sally Higham Advisory’s affiliates, officers, agents, contractors, licensors, service providers, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from your breach of these Terms, your violation of any law, or your infringement of the rights of a third party.
ASSIGNMENT OF RIGHTS
You agree that we may assign, transfer, and subcontract our rights and/or obligations under these Terms without notifying you or obtaining your consent, provided that this does not reduce your rights under these Terms. Conversely, you are not permitted to assign, transfer, or subcontract your rights and/or obligations under these Terms.
FEEDBACK AND PUBLIC COMMENT
Complaints and Grievances are to be settled under the next Section. You may not post or publish disparaging or defamatory remarks about us, our business, or our services.
COMPLAINTS AND ARBITRATION CLAUSE
If you have any complaints or grievances, please contact us first at highamsally6@gmail.com so that we can attempt to resolve the dispute amicably and to our mutual satisfaction as quickly and effectively as possible.
If we are unable to resolve the dispute directly, both parties agree to attempt mediation before commencing proceedings. Mediation should be initiated within thirty (30) days of the dispute arising and will be held in or nearest to Dornach, Switzerland, or online by agreement. The costs of the mediator will be shared equally unless agreed otherwise.
Should mediation fail, you agree to submit the dispute to binding arbitration, to be conducted exclusively in or nearest Dornach, Switzerland. You agree that arbitration is the sole remedy for resolving disputes and hereby waive any right to seek litigation in any court.
You waive any right to class arbitration and agree to conduct arbitration solely on an individual basis regarding your claims against us.
Arbitration proceedings shall be conducted in English.
You agree to be responsible for all costs associated with initiating the arbitration and any related administrative expenses.
By agreeing to this Arbitration Clause, you understand and waive your right to a trial in any court, which would otherwise be available if not for this agreement.
Any decision or award issued by the arbitrator shall be final and binding. You agree that your sole remedy shall be to discontinue the use of our Sites, Content, and/or Services or to request a refund of any payments made to us for the service, course, or product purchased. You shall not be entitled to seek any additional damages, whether 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, together with our Privacy Policy, our Disclaimer, and any Specific Agreement you have entered into with us, constitute the entire agreement between you and us regarding our Sites, Contents, and/or Services. They supersede all prior or contemporaneous agreements, representations, proposals, and understandings between us. These terms, developed for us by Legally She Can, align with the legal frameworks that reflect the guiding principles of our business.
SEVERABILITY
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions, or parts thereof, that are not affected will continue in full force and effect. Any provision that is rendered invalid, illegal, or unenforceable will be modified or interpreted in a manner that best accomplishes the objectives and purpose of the original provision and these Terms.
CHANGES TO THESE TERMS
We reserve the right to update, replace, or change any parts of these Terms without personal notification. It is your responsibility to review these changes. The version in force at the date of your purchase applies to that purchase.
Any new content and/or services added to our Sites will be subject to these Terms. By continuing to use and/or purchase from our Site after we post modifications, you are deemed to have implicitly and voluntarily accepted the changes to these Terms.
CONSENT TO GOVERNING LAW AND JURISDICTION
These Terms, and any claim or dispute arising out of them, shall be governed by the laws of Switzerland, without regard to its conflict of laws rules. If you are a consumer resident outside Switzerland, this choice of law does not deprive you of the protection of any mandatory provisions of the law of your country of residence.
BUSINESS AND CONSUMER TRANSACTIONSYou acknowledge that if you transact with us in your capacity as a registered business owner, you will be treated as such and not as an individual consumer. By transacting with us as a registered business, you agree to waive any rights or protections provided under consumer protection laws that apply exclusively to individuals acting in a personal or non-commercial capacity.
Furthermore, if you represent yourself as a business owner—such as providing a business tax number to avoid paying VAT, using a business account for personal transactions or transacting with us under a business name—you agree that such representation waives any claims under consumer protection laws.
QUESTIONS AND CONCERNS
These Terms were drafted for us by Legally She Can to reflect our commitment to upholding the highest standards in business practices.
If you have any questions or concerns regarding these Terms and Conditions, please contact us: highamsally6@gmail.com