Terms and Conditions

Updated on 31 July 2024

Please take the time to read these Terms and Conditions (“Terms”) before using, visiting, viewing, purchasing from, or accessing THE GRATEFUL TITA, www.thegratefultita.com/thegratefultita.com/tindatindaswitzerland and THE GRATEFUL TITA’s sub-domains, affiliated sites and social media pages and accounts on Facebook, Instagram, Pinterest, Youtube, Tiktok. (“Site” / “Sites”).

The Sites and all of the audio, visual, and written resources and information contained therein, including but not limited to blog posts, designs, documents, e-mails received from THE GRATEFUL TITA and JENNIFER ESTIGOY, e-mail lists and sequences, courses, coaching services, recordings, templates, contracts, forms, guides, e-books, workbooks, website materials, products and tools (“Contents, Products and/or Services”) are owned by JENNIFER ESTIGOY (“We”, “Us” Our”).

These terms apply to all Users, Visitors, Viewers, Subscribers, Clients, and/or Customers of our Sites (“User”, “You”, and/or “Your”) and govern your use of, access to, and/or purchase from our Sites.

YOUR CONSENT

By using, visiting, viewing, downloading, purchasing, and/or accessing our Contents, Products and/or Services, you consent and agree 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 are under 18 years of age, you can 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, Products and/or Services.

OUR SITE RULES

The following are expected of you when you interact, use, and purchase on our Site:

Not to harm, stalk, defame, threaten, offend, harass, abuse, or violate another person’s privacy or legal rights 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 will cause damage to us, our Site, or any of our users.
Not to send unsolicited e-mails 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 may destroy our operations or that of another user.
Not to transmit, share, download, copy, or post any content that infringes our intellectual property rights and that of other persons.
Not to use any of our Contents, Products and/or Services 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.

A.You agree to be truthful when interacting with us and when using the contents of our Site

To download or purchase our Contents, Products and/or Services, you may be required to provide personal information about yourself, including but not limited to your name, e-mail address, billing address, payment details, and other personal information. Any identifiable information 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.

B. You agree that the internet is not a safe place and that you take your own risks every time you use it.

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. You do so at your own risk when you share personal information.

3. You agree that you are responsible for protecting your username and password relevant to our site, contents, and services

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 keep it confidential.

We reserve the right to terminate your access to any of our Contents, Products and/or Services 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.

DISCLAIMERS

Our Contents are solely for Educational and Informational Purposes and are of general nature. We are not your personal coach, legal adviser, financial adviser or health professional.

The Contents, Products and/or Services stated in the Sites are of general nature about household management, personal development and general information about self-care are not intended to be personalized financial/medical/psychological/legal advice. All information and/or resources we share and provide are intended for private use and solely for informational and educational purposes. They are not guaranteed to be complete, accurate or up-to-date. We make no representation or warranty regarding the completeness, accuracy or reliability of the information provided on our Sites.

The Contents, Products and/or Services 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.

If you want personalized advice specific to your situation, consider seeking advice from a qualified professional in your locality or a professional that suits your individual circumstances.

The opinions that you find on our Site are those of the authors/interviewees

The views and opinions expressed on our Site are those of the authors. They do not necessarily reflect the official policy or position of THE GRATEFUL TITA and JENNIFER ESTIGOY. Any content provided by our interviewees, guest bloggers, authors, or speakers is their opinion.

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

Any views or opinions are not intended to malign any religion, sexual orientation, 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 from the display or use of these opinions.

Our Site contains contents that you may consider offensive, controversial, or triggering. Use your discretion.

Our Sites may contain topics that Users may consider sensitive, profane, vulgar, violent, sexual, offensive, controversial, or objectionable. Some of our contents may trigger post-traumatic stress disorder.

We do not endorse this content or information and they do not represent our opinions.

By using, viewing, visiting, subscribing to, purchasing from or accessing our Sites, you agree that you were informed and warned about the nature of some of our contents. Your discretion is advised.

Our Recipes

The recipes that we present here are inspired by our personal experiences, travels around the world and personal preferences in tastes, cooking techniques and food presentation. These recipes have been tried several times and used successfully however, results may vary from person to person.

Consult a medical professional, fitness coach, dietician or nutritionist before using our recipes if you have any concerns about how any of the ingredients may affect your health and well-being. You must check whether you are allergic or sensitive to any of the ingredients prior to using them. It is your responsibility to ensure the suitability of the product and recipe for their particular ends.

The information on our Sites are true and complete to the best of our knowledge. Every effort has been made to ensure the accuracy of the information presented and any claims made.

The recipes are intended for use by individuals with the appropriate technical skills. We will not be responsible for any domestic accidents, fires or food poisoning that could result from the preparation of these recipes.

Our photos are presented and photographed with the goal of pleasing the eyes and appetite of the users of our website and products, thus we put efforts in the arrangement and photography including setting up photography lighting and photo and video editing. We do not guarantee that by following and using the contents of our website, using our recipes, techniques and methods of cooking will bring you the same results we presented here.

Prep and Cooking Time Disclaimers

Take into account your experience in the kitchen when preparing meals, including your ability to multitask when cooking. Kitchen tools are likewise different. Baking times may vary, depending on your specific oven. You need practice and knowledge of your own equipment in order to achieve the best results.

We do not provide Fitness, Dietary, Nutritional and Health Advice.

We are not holding ourselves as your dietitian, nutritionist, fitness coach, a medical professional (“Medical provider”) or Mental health provider. We do not provide fitness or nutritional therapy services, health and medical advice and neither are we diagnosing or attempting to diagnose, treat, prevent, or cure any physical, mental, emotional, nutritional issue, eating disorders, disease or condition. Nothing stated or posted in our Sites must be taken to be, the practice or medical, counselling, or professional advice or care.

Do not use this Site or any of our Contents, Services and/or Products if your mental or medical health care provider, fitness coach, dietitian or nutritionist advises against it.

If you experience any allergic reactions, faintness, dizziness, pain, or shortness of breath at any time while using or implementing any of our Contents, Services and/or Products, you should stop immediately and contact your medical or mental health provider. Do not delay or disregard medical advice given to you by your medical or mental health professional because of any information you may have read on our Sites. Do not start or stop taking medication, without speaking to your Medical or Mental health Provider.

Use this Site and our Contents, Services and/or Products at your own risk. You should not rely on any information on this Site as substitute for, or replacement to a professional medical advice, diagnosis or treatment.

DIY Crafts and Tutorial Video disclaimer

The DIY craft tutorials, ideas and tips on this site are intended to inspire and guide you in your crafting endeavors. The information we provide in making these craft projects are true and complete to the best of our knowledge. Every effort has been made to ensure the accuracy of the information presented and any claims made. Any reliance you place on such information is therefore strictly at your own risk.

The DIY craft instructions are intended for use by individuals with the appropriate technical skills and physical abilities. We will not be responsible or liable for any accidents, cuts, burns, poisoning, injuries, damages or losses that could result from your engagement in DIY craft activities. Always use proper safety precautions and tools when crafting.

Our product photos are presented and photographed with the goal of pleasing the eyes of the users of our products, thus we put effort in the arrangement and photography including setting up photography lighting and photo and video editing. We do not guarantee that by following and using the contents of our website, following our crafting tutorials, techniques, materials and methods of DIY crafting will bring you the same results we presented here.

We do not provide Legal, Accounting or Financial Advice

We are not holding ourselves as your attorney, accountant, or your financial advisor. The Contents, Services and/or Products found on our Sites are not intended to be, or a substitute to legal, financial, or accounting advice.

Always seek your legal counsel, financial advisor or accountant relating to specific legal, financial, or accounting issues that you may have.

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 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 Contents, Products and/or Services.

The testimonials displayed are verbatim, except for correcting grammatical or typographical errors. Some have been shortened if the testimonial is lengthy or the entire testimonial seems irrelevant 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 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 purposes of your own beyond “fair use”, you must obtain permission from the copyright owner or us.

Our Sites may contain Affiliate Links

Our Sites may include Third Party and Affiliate links. If you click or purchase something from the said link, we may earn a commission.

We do not guarantee the safety of any third party Links found in our Sites. We have no control over and assume no responsibility for the content, services, courses, products, privacy policies or practices of any third-party links. Proceed at your own risk.

Use your discretion when using products or services we endorse

Once in a while, our Site may feature sponsored posts for Products and Services that we tried. We will only provide a truthful evaluation of such Product and/or Services. However, we make no warranties, guarantees or representations as to the success, effectiveness, or safety of said Products and/or Services. Use them at your own risk.

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

While we make every effort to ensure that accurate information is disseminated on our Sites, we make no representation about the Contents, Products and/or Services and their suitability to any and every purpose.

Our Contents, Products and/or Services are provided “as is” and without an express or implied warrant.

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 a course of performance, course of dealing, or usage in trade.

We do not warrant that the Contents, Products and/or Services we provide are complete, reliable, current, or error-free. We do not warrant the accuracy, completeness, or reliability of any Third-Party Links or services you may find on our Sites. Any reliance you place on said Links, Contents, Products and/or Services 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, Products and/or Services. You alone are responsible for your choices, actions, and inactions. You agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation 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 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, Products and/or Services, including but not limited to, liability or damages caused by viruses contained in electronic files in 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, forever discharge THE GRATEFUL TITA and JENNIFER ESTIGOY, our employees, agents, contracts and subcontracts, from all claims including those related to personal or business interruptions, misapplication or information.

You agree that your sole remedy for any claim arising out of your use of our Sites, Contents, Products and/or Services is to cease using them.

WORKING HOURS

Our working hours are from Monday until Friday, from 8:00 AM until 4:00 PM, CET We do not answer e-mails, messages, or calls outside our working hours. We do not answer e-mails, messages, or calls during Public Holidays and announced Vacation/temporary closure.

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.

If we don’t get a response, we will send reminders through e-mails or messaging apps twice. If we do not receive a reply after the reminder e-mails are dispatched, 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 services per this provision.

OUR SHOP POLICY: TINDA-TINDA SWITZERLAND

HOW TO ENGAGE OUR PRODUCTS AND SERVICES

You may book or purchase the following products from our Website:

Digital Products:

Digital magazine
Recipe E-books
Downloadable meal and party planners
Coloring Books
Personal Planners

Physical Products

Tote Bags
Pouches, toiletry bags
Small accessories
Apparel
Fabric decorations

Our physical products are also available to purchase in our pop-up stores market stands on selected events.

All service requests or product purchase are deemed accepted by us only upon dispatch of your order/products and/or receipt of a confirmation from us.

PAYMENT TERMS

When you Download or Purchase any of our Services and/or Products, you may use Credit Card, TWINT, Online Banking or Over the Counter Payment.

Unless otherwise provided, all fees must be paid in full before we commence any service.

The sale is final once you receive a confirmation message/email from us, or if we dispatch your order.

In the rare instance that we allow payment of fees through installments, you shall pay according to the fee schedule or you give us permission to automatically charge the same payment method you used to pay the initial installment. You will receive your receipt via email following your Purchase. This receipt should be retained for your records.

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 Contents.

Should you request a chargeback, we reserve the right to report you to all credit card reporting agencies (CRA) or 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 bonjour@kaintayo.ch and arranging for the payment of any outstanding payment including administrative fees we will impose, of not less than 150.00 EUR, to cover the time we spent defending ourselves from your chargeback.

VAT

You may be liable to pay the VAT when you purchase from our Site. You are responsible for determining the VAT rules where you reside.

INTERESTS AND REMINDER FEES

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

We will impose a fee of CHF 15 per reminder mail sent on top of the outstanding payments.

We will also impose interests in accordance with the prevailing interest rates.

DIGITAL PRODUCTS

Once you have completed payment, we will send you an email that will detail how you can access the digital product that you purchased. No physical products will be shipped to you.

The following Products in our catalogue are in digital form:

E-Books
Magazines
Planners
Journals
Educational Materials for Children
Craft tutorials

CANCELLATION AND REFUND POLICIES

Unless you are a resident of the European Union, all sales are final and you are not given any right to cancel.

If you are a resident of the European Union, you are given a right to withdraw within fourteen (14) days from date of purchase (“cooling off period”), provided that you have not downloaded or accessed any part of our products. You accept that accessing or downloading any of our Products within the cooling-off period would result to you giving up your right of withdrawal.

REFUND POLICY

Due to the nature of our Services, you will not be granted a refund.

If you are a resident of the European Union, you can exercise your right to withdraw only if you did not access or download any of our digital products. Once you access or download our products, then no refund shall be allowed. If you have concerns or if there is anything thegratefultita.com

MODIFICATION OF SERVICE AND PRICES

We reserve the right to modify our service, descriptions of services, and prices or discontinue any service, 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 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 virtue of any modification, price change, suspension, or discontinuance of our Services.

CANCELLATION OF SALE

We reserve the right to refuse, modify or cancel any orders you placed on our Sites. In such event, we will attempt to notify you using the email address or phone number you provided at the time the booking was made.

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, Products and/or Services, 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.

INTELLECTUAL PROPERTY

The Site, Contents, and Services and all other information and Intellectual Property, including without limitation, copyrights, trademarks, designs, patents, trade secrets, and proprietary information, accessible on or through www.thegratefultita.com/thegratefultita.com, any third-party websites we may use to distribute or host our Sites, Contents, and/or Services, as well as e-mails 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, and/or Services, 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, and/or Services, shall be prosecuted to the fullest extent of the law.

LIMITED RIGHTS GRANTED TO YOU

When you purchase and/or download any of our Content, or Services, 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 Contents, Products and/or Services.

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.

CONTENT SHARING

You may share our Content found on our Sites without requesting and receiving written authorization from us, provided that the following terms are met:

You may only share our content for personal use
You will directly link to our Site or social media account.
You will credit us should you share our content on your blog, Site, social media account, or a third party’s blog, Site, or Social Media Accounts.
You may not represent, THE GRATEFUL TITA.
You are not allowed to represent or imply that the Content is yours or was created for you.

UNAUTHORIZED USE

If you use any of our Contents, Products and/or Services 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, 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.

PIRACY

In case you violate or threaten 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, or Services, 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 the case through your acts or negligence, another person can make use, disseminate, distribute, or share our Contents, Products and/or Services 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 damages may not adequately compensate. Therefore, you agree that any such violation or threatened violation will entitle us to obtain injunctive relief without having to file a bond and other legal remedies we may pursue.

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, e-mail 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 using 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 or to compensate you, now or at any time in the future.

INDEMNIFICATION / HOLD HARMLESS

You agree to indemnify, defend and hold harmless THE GRATEFUL TITA AND/OR JENNIFER ESTIGOY, 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.

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.

COMPLAINTS AND ARBITRATION CLAUSE

If you have any complaints or grievances, contact us first at bonjour@thegratefultita.com so that we can resolve the dispute with you, to our mutual satisfaction, as quickly and effectively as possible.

If we cannot amicably resolve the dispute, you agree to submit it to a binding arbitration to occur in or nearest Bern, 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 English.

You further agree that you shall be responsible for all the costs associated with initiating the arbitration proceedings and all related administration costs.

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 the arbitrator issues 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.

NO RELATIONSHIP CREATED

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

ENTIRE AGREEMENT

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

SEVERABILITY

If 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.

CHANGES TO THESE TERMS

We reserve the right to update, replace, or change any part/s of these Terms without having to notify you personally. It is your responsibility to check these changes and to update yourself.

Any new Contents, Products and/or Services 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.

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 get in touch with us: bonjour@thegratefultita.com