TERMS & CONDITIONS
Last Updated: January 10th, 2024
The phrases "we," "us," "our," and "Company" pertain to Fenja Bliestle Photography. These Terms & Conditions regulate your utilisation and access of our website and/or the platform where you made a purchase from us. Additionally, they apply to our social media channels/accounts, blogs, emails, and mobile applications (collectively referred to as the "Site"), as well as your use or purchase of our services and/or products.
The term "Products" encompasses various items, such as materials, resources, or information provided by us in our digital product, course, or service. It also includes any digital content or information delivered or downloaded through email or other electronic methods, webinars, documents, programs, courses, classes, PDFs, live posts, and similar mediums.
Client’s Acknowledgement & Acceptance of Terms
By making a purchase from the Company, you agree to abide by the stated Terms & Conditions ("Terms"). We kindly request that you carefully review these Terms before completing your purchase with Fenja Bliestle Photography.
IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, PLEASE REFRAIN FROM PURCHASING OUR PRODUCT AND/OR SERVICE.
SECTION 1: REFUND POLICY & PAYMENT TERMS
We are committed to providing valuable online courses and ensuring a positive learning experience for our students. However, please note that we do not offer refunds or exchanges for our online courses.
Once enrolled, you gain immediate access to our digital materials, including lectures and resources. This limits our ability to recover the content after it has been provided to you. We encourage you to review the course description, curriculum, and any available previews or samples before making a purchase, ensuring an informed decision that aligns with your expectations.
While we do not provide refunds for change of mind, we are dedicated to addressing any concerns or technical issues you may encounter. Our support team is here to assist you with accessing and utilising the course materials.
By using a credit or debit card to make a payment for our product and/or service, you grant us and our affiliated third-party vendors permission to charge the corresponding amount to your card for the payment of the products and/or services.
Under no circumstances should you dispute any charges made to your credit card (i.e., initiate a chargeback). If you accidentally do so, you agree to promptly cancel or withdraw such dispute. Please note that we reserve the right to report any disputed charges to credit bureaus as a delinquent account and pursue collection. You will be responsible for any fees associated with recovering payment for such disputes, as well as any collection costs, including attorney's fees.
When you make a purchase of our product and/or services, your personal information, including contact and card details, may be collected by a third-party vendor. It's important to be aware that the privacy policies and security practices of these vendors may differ from ours. We assume no responsibility for the independent policies or practices of these vendors.
Any and All Future Update Policy
To ensure our product(s) and/or service(s) remain up to date, we will make periodic revisions, updates, and edits. Rest assured that you will receive these updates without any additional charges.
Please note that any promotional discounts that were not available at the time of your purchase are not automatically guaranteed to be provided to you. If you wish to avail of a promotion that becomes available within 24 hours of your purchase, kindly contact us to discuss the possibility of applying the promotion to your order.
Order Confirmation Policy
Upon placing your order, you will receive email confirmation(s) verifying your purchase and providing you with a downloadable product and/or access to the digital course. These emails will contain important details regarding your purchase. If you notice any errors in the email confirmation or any subsequent emails related to your purchase, it is your responsibility to promptly notify us so that we can address the issue accordingly.
SECTION 2: INTELLECTUAL PROPERTY
The Site, Products, and Services provided by Fenja Bliestle Photography are safeguarded by the copyright laws of Switzerland By using our Site, you acknowledge that Fenja Bliestle Photography is the rightful owner of the Site and its Product(s), which constitute our intellectual property.
You are permitted to download and print specific materials from our Product(s) solely for your personal, non-commercial use. However, any other copying or use of our Product(s) for different purposes is strictly prohibited. Without our express written consent, you agree not to use, copy, frame, mirror, link to, or make similar use of any part of our Site, Product(s), or Services.
In the event of alleged violations of these Terms, we reserve the right to investigate and take appropriate action at our sole discretion. Such actions may include issuing a warning, suspending or terminating your access, and initiating legal proceedings.
If you believe that our Site or Product(s) infringe on your copyright, please contact us at the email address provided below. However, please note that if you make a false claim regarding copyright infringement, you will be held responsible for any and all damages, including attorney's fees and costs.
Please contact us at info at fenjaphotography.com for any copyright-related matters.
Licence to Use
Upon purchasing our Product(s) and/or Services, you are granted a revocable, limited, non-assignable, and non-exclusive licence for the specific Product(s) and/or Service(s) you have purchased. It is important to note that you explicitly agree not to sell, resell, reproduce, duplicate, copy, or exploit any part of the purchased Product(s) and/or services.
Sharing of the purchased Product, course, and/or service with others is strictly prohibited.
In the event of a violation of these Terms, such as distributing or selling copies of our Products and/or services to others, you acknowledge and agree to be held responsible for the licence fees associated with the goods or services you gifted or sold. We also retain the right to revoke your licence and terminate your access to our goods or services, either temporarily or permanently.
By using this Site, Products, or Services, you explicitly consent to refrain from selling, reselling, reproducing, duplicating, copying, or exploiting any part of it, including the information contained therein, as well as any content on the Site through which the Products are made available, without obtaining express written permission from us.
SECTION 3: GENERAL PROVISIONS
We retain the right to decline service to any individual for any reason and at any time.
Please be aware that while we take measures to protect your personal information, excluding credit card information, the transfer of such data may occur without encryption and may involve transmissions over different networks. These transmissions may also undergo modifications to comply with technical requirements of connecting networks or devices. However, credit card information is always encrypted during its transfer over networks.
By accessing our Site, Products, and/or Services, you confirm that you have reached the age of majority as defined by your state, jurisdiction, or province of residence. Children under the age of 18 are prohibited from using our Site, Products, and/or Services.
The headings or subheadings utilized in these Terms are provided for convenience purposes only and will not impose limitations or alter the effect of these Terms in any way.
The information presented is intended solely for general educational and informational purposes. It should not be solely relied upon as the sole basis for making decisions concerning your personal life or business. It is essential to consult primary, more accurate, complete, or timely sources of information before making any decisions.
You acknowledge and comprehend that the information provided by us does not constitute legal, financial, therapeutic, mental health, or medical advice, and the Company does not function as a professional service provider. All information, including but not limited to resources delivered through phone or video conferences, email, online forums, live events such as webinars or livestreams, video/audio recordings, courses, and materials within our digital products, relating to business, laws, health, wellness, and finance, is provided solely as educational and informational resources. It should not replace the need to seek assistance from a licensed professional. You understand that the Company does not and will not provide diagnoses, legal advice, medical advice, financial advice, or mental health advice.
You agree not to make any defamatory, derogatory, or disparaging statements or comments, whether publicly or privately, about the Company, its officers, directors, employees, personnel, agents, policies, Products, or services, unless required by law. This restriction also applies to directing others to do the same. However, it's important to note that this provision does not limit your ability to provide reviews or performance assessments of our products and/or services directly to us. This section remains in effect even after the termination of our relationship.
No Outcome Guarantees
We are unable to guarantee any specific outcome or result from the use, consumption, participation, or application of our Product(s) and/or Services. The only guarantee we provide is that the Product(s) and/or Services will be reasonably delivered to you in accordance with these Terms. You acknowledge that the Company cannot assure any specific results of the Products and/or Services, as such outcomes are influenced by subjective factors that are beyond the Company's control (including, but not limited to, your level of participation, implementation, etc.). It is important to note that the Company does not offer refunds, either partial or full, based on clients not achieving their desired results.
Severability of Unlawful Terms
If any term or provision in this Agreement is determined to be unlawful, void, or unenforceable, it will be considered separate and independent from the rest of the Agreement. The invalidity or unenforceability of such a term or provision will not affect the validity or enforceability of the remaining terms and provisions of the Agreement.
Non-Waiver of Enforcement
The failure of either party to promptly enforce this Agreement or any of its terms shall not be interpreted as a waiver of enforcement or an implied modification of the Agreement, irrespective of the number of times or frequency with which any term is violated.
Costs and Attorney's Fees
In the event of any controversy, claim, or dispute between us arising out of or related to this Agreement or its breach, the prevailing party shall have the right to recover from the other party all costs incurred, including reasonable attorney's fees.
Jurisdiction and Governing Law
Unless otherwise specified, the Site, Products, and/or Services are provided by Fenja Bliestle Photography and are controlled and operated by us from our location in Victoria. Therefore, any disputes arising out of or relating to these Terms, including our Site, Products, and/or Services, shall be exclusively resolved by the courts of Victoria or federal courts, applying Victoria law, regardless of conflicts of law principles.
Dispute Resolution Venue
Furthermore, any disputes arising out of or related to these Terms, including our Site, Products, and/or Services, shall be brought exclusively within the State of Victoria.
The Terms constitute the complete and exclusive agreement between us and you regarding your use and access to our Site, Products, and Services.
SECTION 4: INDEMNIFICATION
You agree to defend, indemnify, and hold Fenja Bliestle Photography, its affiliates, providers, or related third parties, as well as each of their respective representatives and agents, harmless from and against any and all claims, losses, costs, damages, liabilities, and expenses (including, but not limited to, attorney's fees) arising from:
- Your activities in connection with our Site, Products, and/or Services
- Your violations of these Terms
- Your improper or unauthorised use of our Site, Products, and/or Services
- Any claims or allegations that you transmit through or in connection with our Site, Product(s), and/or Services that infringe or violate intellectual property, privacy, or other third-party rights
- Any unlawful or illegal conduct engaged by you under any state, federal, or common law in connection with the use of or access to our Site, Product(s), and/or Services.
SECTION 5: ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be instances where information on or within our Site, Products, or Services may contain typographical errors, inaccuracies, or omissions that may not be current or complete. We retain the right to rectify such errors, inaccuracies, or omissions without prior notice. Furthermore, we do not provide any guarantee or warranty regarding the accuracy of the information, regardless of its source. We disclaim all liability for any inaccuracies, errors, or omissions in the provided information.
We reserve the right to update, modify, or replace any part of these Terms by posting updates and/or changes on our website, platform, Products, Services, and similar channels. It is your responsibility to periodically review the relevant Terms for any changes. By continuing to access and/or use our digital products/courses after such changes have been posted, you indicate your acceptance of those changes.
Additionally, we reserve the right to modify the content and/or information on or within our Site, Products, and/or Services at any time. However, we are under no obligation to update the information or notify you of such modifications. You agree that it is your responsibility to stay informed of any changes to our Products and/or Services.
SECTION 6: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Limitation of Liability
Under no circumstances shall Fenja Bliestle Photography, its providers, or other third parties mentioned on this site, our Product, and/or Services be held liable for any damages arising from or in connection with your use of or access to our Site, Products, and/or Services. You agree to release us, our providers, and other related third parties from any and all liability for any direct, indirect, incidental, consequential, special, or punitive damages resulting from or related to your use and/or access to our Site, Products, and/or Services. Should you be dissatisfied with the Site or the information provided in our Products and/or Services, your sole remedy is to discontinue using this Site or our Products and/or Services.
Disclaimer of Warranties
In addition to the "Limitation of Liability" provision mentioned earlier, this Site and its Content are provided to you "AS IS," and Fenja Bliestle Photography expressly disclaims all warranties, whether expressed or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with respect to the Site, Products, and/or Services. Furthermore, we do not guarantee uninterrupted or error-free access to this Site, Products, and/or Services. Any advice or information, whether oral or written, provided to you by us or any related third parties, does not create a warranty that is not expressly stated in these Terms.
We also reserve the right to modify or discontinue our Site, Products, and/or Services, either temporarily or permanently, at any time and without notice. We may also impose limitations on your use or restrict your access to any part of the Site, Products, and/or Services without notice or liability. By using our Site, Products, and/or Services, you agree that we will not be held liable to you or any third parties for any such modifications, terminations, suspensions, or discontinuances.
SECTION 7: RULES OF CONDUCT
You are prohibited from using our Site, Products, and/or Services for any illegal or unauthorized purposes. It is your responsibility to comply with all applicable laws, rules, and regulations when accessing or using our Site, Products, and/or Services, including but not limited to copyright, trademark, and privacy laws.
Modifying, reverse engineering, framing, mirroring, or adapting any part of the Site or Products is strictly prohibited. Additionally, you must not interfere with the operation of the Site or Products, or take actions that render the Site or our Products/Services inoperable. Transmitting viruses, worms, or any harmful code is also prohibited.
The use of the Site, Products, and/or Services in a manner that is harmful, abusive, harassing, or offensive to others is strictly prohibited.
Creating a false identity or user account, impersonating another person or entity, or misrepresenting yourself in any way to us is not allowed.
Any breach or violation of these Terms will result in immediate termination of our Services and the license granted to you for using our Products.
SECTION 8: THIRD PARTY LINKS AND/OR PRODUCTS
Our Site or Products may include affiliate links that are used to promote specific content, companies, third parties, products, or services. Through affiliate marketing, we may receive a commission, service, and/or complimentary product when you make purchases on the affiliate website by using the links provided on our Site and/or Products. By clicking on these affiliate links, you assume all liability for any potential harm, damages, or benefits that may arise.
Please note that we do not guarantee the quality of the affiliate products or services offered by third parties, and we hold no liability for any issues or experiences related to those products or services.
Our Site or Products may include links to other websites, which are not affiliate links. These links are provided solely for the convenience of the user. It's important to note that we do not endorse or verify the accuracy of the information contained on these third-party websites. We do not guarantee the quality of any third-party product or service, and we hold no liability for any issues or experiences related to such products or services.
Our Site or Products may offer suggestions or recommendations regarding certain products. It is important to note that these suggestions are provided for informational purposes only and should not be considered as endorsements, guarantees, or warranties of any kind, even if an affiliate relationship exists.
You acknowledge that the selection, purchase, and use of any suggested products are solely your responsibility. We encourage you to conduct your own independent research, carefully read product labels, reviews, and consult with professionals before making any purchase or using the suggested products. It is also important to consider your own allergies, sensitivities, or individual factors that may impact the suitability of the suggested products for your use.
SECTION 9: TESTIMONIALS
Our Site, Products, and/or Services may feature testimonials from users of our Site or former customers who have used our Products and/or Services. It is important to note that the views and opinions expressed in these testimonials belong solely to the individuals or businesses providing them, and they do not necessarily reflect our views or opinions.
We may provide incentives, such as additional support from Fenja Bliestle Photography (e.g., FaceBook Support Group), to these individuals or businesses to show our appreciation for their time. However, it is important to understand that their views and opinions remain their own. The testimonials are provided to showcase real-life experiences of actual users, but they are not intended to represent or guarantee that you or anyone else will achieve the same or similar results.
Individual results may vary, and it is important to recognize that testimonials may not represent the typical user's experience. We do not make any claims, and you should not assume, that all users will have identical results or experiences as those expressed in the testimonials. Your own results may differ.
SECTION 10: REVIEWS AND/OR FEEDBACK
Any communication that you direct to us or that is about us will not be treated as privileged or confidential.
We retain ownership of any such communication received from you, including but not limited to social media posts, direct messages, and emails. We do not provide credit or pay royalties for unsolicited user content. We reserve the right to republish and use any such communication, in whole or in part, as necessary for our business operations.
Please refrain from using our communication channels for any unlawful or illegal purposes.
SECTION 11: EARNINGS DISCLAIMER
Any earnings or income/financial claims or examples displayed on our Site, Product, and/or Services are provided as estimates and are not guaranteed outcomes. We do not make any income/financial claims or guarantees regarding potential earnings or financial results based on your use of our Site, Products, and/or Services (including our affiliate program). We cannot guarantee that you will earn any money using our Content, and your income or earnings are solely dependent on your own actions or lack thereof.
SECTION 12: ONLINE TECHNOLOGIES AND COOKIES
Cookies save time, as they mean we can send you relevant information without you having to state your preferences every time you visit our websites. Fenja Bliestle Photography cookies are not designed to harm your data, nor can they access data from other files on your computer’s hard drive.
- Saving your user name and password for future visits, so that logging on can become quicker and easier.
- Ensuring that you are shown relevant borders and content.
- Ensuring that you receive all requested information.
- Helping us to prepare communications that are relevant to you and your interests and that match your location.
Fenja Bliestle Photography are limited solely to our websites and services. They become ineffective when you leave Fenja Bliestle Photography websites and surf elsewhere on the internet. We log your use of our website so that we are better equipped to meet your requirements and to make it easier for you in the future to find the information you are looking for. Please note that various third party providers may set cookies on your computer’s hard drive in addition to those set by Fenja Bliestle Photography.
Fenja Bliestle Photography is not responsible for such cookies from third party providers, nor for the technical capabilities or procedures used in connection with cookies from third party providers.
If you do not wish to partake of the benefits of cookies, you can tailor your internet browser accordingly. Depending on the type of browser you use, you may apply the following settings:
- You are asked individually to accept or decline cookies.
- You may also be able to prevent your browser from accept cookies altogether.
Your web browser retailer or manufacturer will have detailed information about cookie security. You should note, however, that many operations on our websites are not possible if you decline cookies, nor will your browser be recognized when you next visit our website.
Furthermore, Fenja Bliestle Photography uses invisible pixels, sometimes also known as web beacons, to count how many people log onto certain websites. Information retrieved from invisible pixels is collated as a whole and contains no personal data. Fenja Bliestle Photography uses this data to improve our marketing programs and web content.
It is possible that we engage one of these providers to make our advertisement available to consumers whose online activity indicates that they are interested in travel. In other instances, we enter into an agreement with specific advertising providers, if we believe that our website visitors might be interested in what they offer. We permit these advertising providers to offer co-branding advertising (e.g. Fenja Bliestle Photography and the provider) to customers who were on our site. Co-branding advertising can appear on Fenja Bliestle Photography websites or on third party websites.
SECTION 13: CONTACT US
If you have any questions or concerns regarding these Terms, please feel free to contact us at info at fenjaphotography.com Langensandstrasse 21, 6005 Luzern, Switzerland.
Terms & Conditions