Terms and Conditions

1. 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 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.

2. 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 to promote or sell 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 on our Sites, to comply with any legal or governmental requests.

3. PERSONAL INFORMATION

To download or purchase our Content, 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.

4. 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 your 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.

5. DISCLAIMERS

Our Contents 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 professional 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 about you, your business, your career, or any aspect of your life are not intended to be a substitute for professional advice that a lawyer, auditor, financial expert, a medical or health professional may provide.

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 on our Site are examples of individual results. There is no guarantee that employing our techniques, ideas, tips or strategies, Contents, Services, and/or Products will yield the same results, which may vary from person to person.

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

We do not guarantee earnings or income.

While we make every effort to ensure that we accurately represent all Contents, Services, and/or Products, and the value they provide, income and earnings statements made by us and our advertisers, sponsors, or affiliates are nothing but estimates of what a client can possibly earn.  There is no guarantee that you will make these levels of income and you further accept the risk that earnings and income results will differ by individuals.

Building a business, whether online, offline, passive, or active takes time and effort.  We cannot guarantee success because success and results will depend on your background dedication, your skills, motivation, level of effort, and market factors.

What we presented on our Site are examples of exceptional results. There is no guarantee that employing our techniques, strategies, ideas, products, and services will yield the same results.

Every business is different. We cannot be responsible for your own business decisions.

You should use your due diligence when you use our Content, Services, and/or Products.

Testimonials, Feedback, and Positive Reviews are but examples

The testimonials, reviews, opinions, and statements presented on our Sites apply 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 Content, Services, and/or Products.

The testimonials displayed are given verbatim, except for the correction of grammatical or typographical errors. Some have been shortened if the testimonial is lengthy, or if the entire testimonial did not seem relevant to 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 Content and it is possible that we used content that is 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 your purposes, beyond “fair use”, you must obtain our permission or the copyright owner.

Opinions that you find on our Site are those of the authors

Any content provided by our guest bloggers, authors, or speakers is their opinion. The views and opinions expressed on our Sites are those of the authors and do not necessarily reflect the official policy or position of SDM Digital Agency GmbH and/or Growth Fundamentals and/or Sophie Declercq.  

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

Our 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 that may be caused by the display or use of these opinions.

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

While we make every effort to ensure that accurate information is disseminated on 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 warranty.

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 the course of performance, course of 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 shall assume the risks of trying new foods, or supplements, and the risks inherent in making lifestyle changes. You agree to use your judgment and due diligence before implementing any idea, suggestion, or recommendation you learn from our Sites or us.

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 on 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, and forever discharge Growth Fundamentals, SDM Digital Agency GmbH, Sophie Declercq, our employees, agents, contracts, and subcontracts, from any 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.

6. WORKING HOURS

Our working hours are from Monday until Thursday, from 8:00 AM until 5:00 PM, and Fridays, from 8:00 AM until 4:00 PM. We do not answer emails, messages, or calls outside our working hours.  We likewise do not answer emails, messages, or calls during Public Holidays and announced Vacation/temporary closure.

7. PROMPT COMMUNICATIONS

All queries or clarifications from us regarding your order must be promptly responded to within five (5) days from the time we sent the communication.  

In case we don’t get a response, we will try to send reminder emails twice.  If we do not receive a reply after the reminder emails were sent, we will assume that you do not want to proceed with your order and will terminate it immediately.  No refunds for any amounts paid will be entertained in case we terminate the order per this provision.

8. HOW TO ENGAGE OUR SERVICES

To engage our services, book a non-binding call through the link provided in our Sites. During this call, we will assess your situation to determine how we can better help you.

We may opt to provide you with a proposal or a quotation.  The proposal or quotation is valid only within a specific period.

After the lapse of the period provided, you need to contact us again should you wish to hire our services.

To hire our services, you need to provide us with a written confirmation accepting the proposal or quotation within the period stated therein.

Service engagement becomes effective only upon our written or electronic confirmation and/or execution of a Service Agreement and payment of the initial fees.

9. REVISIONS

For all services that require digital or physical deliverables (i.e. logo, stationery design), we are only allowing a maximum of two (2) revision requests. These Revisions must be communicated to us per the Communication Policy outlined above. 

Further revisions will be charged an extra revision fee.  We reserve the right not to follow any instructions for revision that were communicated in violation of the said Communication Policy.

10. PAYMENT TERMS

When you Engage or Purchase any of our Services, and/or Products, you may use Credit Card or pay via TWINT or online banking.

You may pay in full or in installments using any of the methods stated in the previous paragraph. All orders require an advance payment of 50%. The sale is final once you receive a confirmation email from us. 

You permit us 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 permit us to automatically charge each installment on your Credit Card, Bank Account, TWINT, or Paypal without asking your permission. The amount and dates when each installment is due are agreed upon at check out or as stated in the proposal or Agreement signed.

In case your payment method is declined, we will give you a grace period of five (5) days to settle your account.  After which, you will automatically lose access to any of our Services, or Products you purchased, without a refund of payments already made. The total cost of your purchase is still due, and you remain responsible for settling it despite your payment method being declined. We do not entertain, tolerate or accept threats or actual chargeback from your credit card company placed on your purchase or download of any of our Services, and/or Products. 

Should you request 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. 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 sophie@sdm-digitalagency.com and arranging for the payment of any outstanding payment.  

11. VAT 

You may be liable to pay the VAT when you purchase from our Site.   It is your responsibility to determine the VAT rules in the place where you reside.

12. INTERESTS AND REMINDER FEES

In case of non-payment of any fees or charges due, we shall attempt to send reminder emails.

We will impose a reminder fee of CHF 15.00 per reminder mail sent on top of the outstanding fees.

We will also impose interests by the prevailing interest rates.

13. CANCELLATION BY THE CLIENT

You may cancel your order provided you inform us within 24 hours from the time you placed the order and that no work has been started for your business. Send your request at sophie@sdm-digitalagency.com. We may refuse to honor your request if the conditions stated in the paragraph are not complied with.

14. 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 Sophie Declercq at sophie@sdm-digitalagency.com.

15. MODIFICATION OF SERVICE, PRODUCTS, AND PRICES

We reserve the right to modify our service, products, descriptions of products and services, and prices, or discontinue any service, product, or any part or content thereof, without notice to you, and at our sole discretion.

We further reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction.

We shall not be liable to you or any third party for any damage, loss, or injury you may suffer by any modification, price change, suspension, or discontinuance of our Products or Services.

16. CANCELLATION OF SERVICE

We reserve the right to refuse, modify or cancel our services. In such an event, we will attempt to notify you using the email address or phone number you provided at the time the sale was made.

17. TERMINATION

In case you abuse, breach, or violate any of these Terms, our Privacy Policy, and any other terms 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.

18. 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 stg-bakenplay-staging.kinsta.cloud, 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/or 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 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, or dissemination of any of our Contents, Services, or Products, shall be prosecuted to the fullest extent of the law.

19. 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 covers 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, or create derivative works from 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.

20. CONTENT SHARING

You may share the Content found on our Sites only after requesting and receiving written authorization from us. You can direct your request to sophie@sdm-digitalagency.com.

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 on your 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 SDM Digital Agency GmbH.
5. You are not allowed to represent or imply that the Content is yours or was created for you.

21. UNAUTHORIZED USE

If 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 CHF 3,000 if you did not pay any fees, in addition to other remedies that we may be entitled to pursue.

22. 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 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.

23. 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 permit us to take your photographs, and 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.

24. INDEMNIFICATION / HOLD HARMLESS

You agree to indemnify, defend and hold harmless SDM Digital Agency GmbH, our affiliates, officers, agents, contractors, licensors, service providers, suppliers, interns, and employees, from any claim or demand, including reasonable attorney’s fees, made by any third party due to, or arising out of your breach of the Terms or your violation of any law or rights of any third parties.

25. 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 you or wait for your consent. You are not allowed to assign, transfer and/or subcontract your rights and/or obligations stated under these Terms.

26. COMPLAINTS AND ARBITRATION CLAUSE

If you have any complaints or grievances, contact us first at sophie@sdm-digitalagency.com 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 Orpund, 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 your claims against us.

The arbitral proceedings shall be concluded in French, German, or 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.

27. NO RELATIONSHIP CREATED

You agree that by using our Contents, Services, or Products, no joint venture, employment, or agency relationship is created between you and us.

28. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and SDM Digital Agency pertaining to our Sites, Contents, Services, and/or Products. These Terms supersede all and prior or contemporaneous agreements, representations, proposals, and understandings between us. 

29. 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 to best accomplish the objectives and purpose of the whole provision and/or these Terms.

30. 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.

31. CONSENT TO GOVERNING LAW AND JURISDICTION

These Terms, claims, or disputes arising out of it shall be governed by the laws of Switzerland, without regard to its conflict of laws rules.

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

E-mail: sophie@sdm-digitalagency.com 

Updated on 11 January 2024