Website owner, the offering, and binding of Terms
This website is owned and operated by Miroslava Athanasi. These Terms set forth the terms and conditions under which you may use our website and services as offered by me. This website offers visitors to chose and purchase a service and to get informed. By accessing or using the website of my service, you approve that you have read, understood, and agree to be bound by these Terms.
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Disclaimer
GENERAL INFORMATION
Calm Birth and Baby provides general educational information on various topics on this website as a public service, which should not be construed as medical advice.
The term “you” refers to anyone who uses, visits and/or views the website.
Please read this Disclaimer carefully, and I reserve the right to modify it at any time without notice. By visiting and using this website, you accept and agree to be bound by this Disclaimer along with our Terms and Conditions and Privacy Policy. Your continued use of my website and services constitutes your acceptance of future changes and updates to this Disclaimer. You must not access or use our website if you do not wish to be bound by this Disclaimer.
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MEDICAL DISCLAIMER
Although I am a midwife and a lactation consultant, you are not my patient. All content and information on this website is for informational and educational purposes only, does not constitute medical advice and does not establish any kind of midwife-patient relationship by your use of this website. Although we strive to provide accurate general information, the information presented here is not a substitute for any kind of professional medical advice, and you should not rely solely on this information. Always consult a professional in the area for your particular needs and circumstances prior to making any medical related decisions.
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Intelectual Property
All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by me and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
Terms and conditions - services
When buying a service, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase a service when you commit to buy a service and you complete the check-out payment process.
The prices I charge for using our services are listed on the website. I reserve the right to change my prices for services displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing is available on the payments page.
Booking and refund policy
A booking does not constitute the creation of a contract and I reserve the right to decline to process a booking for any reason whatsoever. If the booking is not ale to be fulfilled I will promptly refund all monies within 7 days.
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If a time of the appointment is cancelled or changed less than 24 hours prior to the scheduled and agreed time of the consultation a full fee of the consultaion will be charged.
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Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
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Indemnification
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Websites must have the ability to seek indemnification from users and customers that cause damages to the website or its owners. The indemnity obligation is usually addressed in the Terms. The indemnification obligations need to be adjusted and be made fit to the potential exposure of each website according to its specific activities.
Sample:
You agree to indemnify and hold Miroslava Athanasi harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
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Limitation of liability
It is important to limit and fence the potential liability that the website owner may face as result of its business activities. Such limitations must be in compliance with local applicable laws (which may limit the ability to reduce liability).
Sample:
To the maximum extent permitted by applicable law, in no event shall Miroslava Athanasi, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, [website owner] assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
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Right to change and modify Terms
I reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
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Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
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Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Switzerland, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Geneva. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.