Terms & Conditions

​1. General Information and Acceptance

These Terms and Conditions ("Terms") govern your use of www.physiomentor.ch (the "Website") operated by Tomasz Bieś trading as physiomentor.ch ("we," "us," or "our"). 

By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Website.

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2. Eligibility and User Accounts 

2.1 Age Requirements

You must be at least 18 years old to use this Website. If you are between 14 and 18 years old, you may only use the Website with the consent and supervision of a parent or legal guardian.

2.2 Account Registration

• You must provide accurate, current, and complete information during registration

• You are responsible for maintaining the confidentiality of your account credentials

• You must notify us immediately of any unauthorised use of your account

• One person or legal entity may not maintain more than one account without our prior written consent.

2.3 Prohibited Users

The following persons are prohibited from using our Website:

• Individuals or entities located in countries subject to Swiss or international sanctions

• Persons who have previously been suspended or banned from our services

• Competitors seeking to access our services for competitive intelligence purposes.

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3. Services and Products

3.1 Service Description

We provide coaching, mentoring, training and consulting. Services are offered subject to availability and these Terms.

3.2 Right to Modify Services

We reserve the right, at our sole discretion, to:

• Modify, suspend, or discontinue any aspect of our services at any time

• Change pricing, features, or functionality with 30 days' notice to registered users

• Introduce new services or terminate existing services

• Update technical requirements or system specifications.

3.3 Service Availability

We strive to maintain service availability, but do not guarantee uninterrupted access. Scheduled maintenance will be announced in advance when possible.

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4. Payment Terms

4.1 Accepted Payment Methods

We accept the following payment methods:

• Credit cards (Visa, Mastercard, American Express)

• Debit cards

• Bank transfers (SEPA, Swiss domestic transfers)

• PayPal

• Klarna

4.2 Pricing and Fees

• All prices are displayed in Swiss Francs (CHF) unless otherwise stated

• Prices include applicable Swiss VAT where required

• Payment processing fees may apply and will be disclosed before payment

• Prices are subject to change with 30 days' notice.

4.3 Billing and Payment Processing

• Payments are processed immediately upon order confirmation

• Recurring subscriptions are billed automatically according to the selected billing cycle

• Failed payments may result in service suspension after a 5-day grace period

• You authorise us to charge your selected payment method for all applicable fees.

4.4 Refunds and Cancellations

• Refund policies are governed by Swiss consumer protection law

• Digital products may be refunded within 14 days if not downloaded or accessed

• Services may be cancelled with appropriate notice as specified in your service agreement

• Processing fees are non-refundable unless required by law.

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5. Warranties and Disclaimers

5.1 Limited Warranty

We warrant that our services will perform substantially in accordance with our published specifications under normal use conditions.

5.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY SWISS LAW:

• Services are provided "AS IS" and "AS AVAILABLE"

• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose

• We do not warrant that services will be error-free, secure, or continuously available

• We do not guarantee specific results from the use of our services.

5.3 Third-Party Content

We are not responsible for third-party content, links, or services accessible through our Website.

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6. Intellectual Property Rights

6.1 Our Intellectual Property

• All content, software, designs, trademarks, logos, and other materials on the Service that we have created or own are our exclusive property or the property of our licensors

• You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use our proprietary content without our prior written consent

• Our trademarks and service marks may not be used without our express written permission.

6.2 User-Generated Content

• You retain ownership of the content you submit to our Website

• By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute such content

• You represent that you have all the necessary rights to grant this license

• You are responsible for ensuring your content does not infringe third-party rights.

6.3 Copyright Infringement

We respect intellectual property rights and will respond to valid copyright infringement notices in accordance with Swiss copyright law.

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7. Account Suspension and Termination

7.1 Our Right to Suspend or Terminate

We may suspend or terminate your account immediately without notice if you:

• Violate these Terms or applicable laws

• Provide false or misleading information

• Engage in fraudulent or harmful activities

• Fail to pay the applicable fees

• Use our services in a manner that damages our reputation or business

• Violate the rights of other users or third parties.

7.2 Effect of Termination

Upon termination:

• Your access to services will cease immediately

• We may delete your account data after a reasonable retention period

• Outstanding fees remain due and payable

• Sections of these Terms that by their nature should survive will continue to apply.

7.3 Your Right to Terminate

You may terminate your account at any time by following our account closure procedures or contacting customer support.

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8. User Conduct and Prohibited Activities

8.1 Acceptable Use

You agree to use our Website only for lawful purposes and in accordance with these Terms.

8.2 Prohibited Activities

You may not:

• Violate any applicable laws or regulations

• Infringe intellectual property rights

• Transmit harmful, offensive, or illegal content

• Attempt to gain unauthorised access to our systems

• Interfere with the proper functioning of the Website

• Use automated tools to access or interact with the Website without permission

• Impersonate others or provide false information

• Engage in any form of harassment or abuse.

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9. Privacy and Data Protection

9.1 Data Processing

Our collection and processing of personal data is governed by our Privacy Policy, which complies with the Swiss Federal Act on Data Protection (FADP) and applicable EU regulations.

9.2 Data Security

We implement appropriate technical and organisational measures to protect your data against unauthorised access, alteration, disclosure, or destruction.

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10. Limitation of Liability

10.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY SWISS LAW, OUR LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

10.2 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

10.3 Legal Exceptions

Nothing in these Terms shall limit our liability for:

• Death or personal injury caused by our negligence

• Fraud or fraudulent misrepresentation

• Any liability that cannot be excluded under Swiss law.

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11. Indemnification

You agree to indemnify, defend, and hold our company, officers, directors, employees, and agents harmless from any claims, damages, losses, or expenses arising from:

• Your use of our services

• Your violation of these Terms

• Your violation of applicable laws

• Your infringement of third-party rights.

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12. Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with Swiss law, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Canton Bern/City of Bern, Switzerland.

12.3 Mediation

Before initiating legal proceedings, parties agree to attempt resolution through mediation in accordance with Swiss mediation procedures.

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13. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labour disputes, or government actions.

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14. Severability and Waiver

14.1 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

14.2 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce such provision in the future.

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15. Modifications to Terms

15.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Website.

15.2 Notice of Changes

Significant changes will be communicated via email to registered users at least 30 days before taking effect.

15.3 Continued Use

Your continued use of the Website after changes take effect constitutes acceptance of the modified Terms.

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16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of the Website.

16.2 Assignment

We reserve the right to assign these Terms without notice. You may not assign your rights or obligations without our written consent.

16.3 Third-Party Rights

These Terms do not create rights for third parties except as expressly stated.

16.4 Language

These Terms are drafted in English. In case of conflicts with translations, the English version shall prevail.

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17. Contact Information

For questions about these Terms, please contact us at:

Business owner: Tomasz Bieś trading as physiomentor.ch

Email: tommy@physiomentor.ch
Address: Mühledorfstrasse 2A, 3018 Bern, Switzerland

Website: www.physiomentor.ch​

Business Hours: Email responses within 24 hours, Monday-Friday. 

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