Terms & Conditions

Click here for the German version. Klicken Sie hier für die deutsche Version unserer Allgemeinen Geschäftsbedingungen. 

 

Malaika's SpArk is a brand and trading name of Malaika Nater Ministries in Herisau, Switzerland.

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Legal form: Sole proprietorship.

Commercial Register Entry:

HR number: CH-300.1.021.605-5

UID: CHE-180.595.457

Responsible Representative: Malaika-Corina Nater, founder and owner of Malaika Nater Ministries

Place of Jurisdiction: Herisau, AR, Switzerland.

 

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Scope

The following General Terms and Conditions (GTC) apply to all business transactions between Malaika's SpArk (Malaika Nater Ministries) and our customers, their use of our website, programs, products, and services, and our dealings with them.

By accessing or using our website in any way, you agree to all of our General Terms and Conditions. In addition, all bookings of programs, products, or services you make with us are subject to the Terms and Conditions on this page. Bookings can be made directly on the website or, in individual cases, by email and/or a Stripe or Wix booking link.

By booking one of our services, programs, or products, you confirm that you have read and understood these Terms and Conditions and agree to them.

Any deviations from these Terms and Conditions must be agreed in writing in advance.

These Terms and Conditions apply for the duration of the business relationship.

These Terms and Conditions may be amended from time to time. You agree that you are bound by the Terms and Conditions in effect at the time of your booking.

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Offer

The organizer, Malaika's SpArk (Malaika Nater Ministries), offers coaching, consulting, mentoring, training, and other services in the areas of holistic healing and health for people, animals, and planet Earth, spirituality, transformation, potential development, storytelling, art and creativity, vocation/purpose/calling, and business. The offer includes 1:1 individual sessions, coaching packages, group coaching, group offers, memberships, community offers, online courses, online retreats and workshops, live retreats, online events, live events in the areas mentioned, as well as lectures and motivational speeches, newsletters, blog, YouTube channel, digital products, e-books, physical products such as books, cards, calendars, merchandise products, art images, and similar items.

The services and prices listed in the offers on our website apply.

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Obligation of the Client/Coachee/Mentee/Participant

The coaching/mentoring (individual sessions and packages) is based on the preparatory discussions between the parties. It is based on cooperation and mutual trust. It is the client's responsibility to provide the coach with honest and accurate information.

We would like to point out that coaching is a free, active, and self-responsible process and that certain results cannot be guaranteed. The coach/mentor supports the client as a process healing and transformation facilitator and advisor in health, decision-making and change—the actual work of change and transformation is done by the client. The client should therefore be willing and open for self-reflection and to take responsibility for their life.

It is the client's responsibility to show up on time or a few minutes prior to the appointment. 

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Confidentiality

We undertake to maintain unlimited confidentiality towards third parties regarding all operational, business, and private matters of the client that become known to us in the course of our work, even after the termination of the contract.

Malaika-Corina Nater of Malaika's SpArk is bound by professional confidentiality. However, Malaika reserves the right to waive her confidentiality obligation if there is a visible risk of harm to herself or others and the safety and health of her client is endangered. In this case, she will contact a professional authority, if possible only after discussion with and consent of her client.

 

Fees

a) Prices

The prices listed on the organizer's website in Swiss francs (including VAT) apply. The organizer reserves the right to change the prices on its website at any time. However, the prices valid at the time of conclusion of the contract apply to participants.

b) Payment

Individual sessions, packages, seminars, events, courses, and subscriptions must be paid for directly by credit card or PayPal upon registration.

Payment by invoice will be decided on a case-by-case basis. The options available to the customer are listed on the homepage or can be agreed upon individually with the organizer.

We reserve the right to change the fees/package prices offered. Still, we will always honor the agreed amount for the agreed period for all programs, products, or services specified at the beginning of our collaboration. However, if you wish to continue working with us after your first package expires, we cannot guarantee that prices will remain unchanged.

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Payment Plans

If a payment plan has been agreed for one of our services or digital products, we reserve the right to increase the total product fee by an amount that covers the administrative costs.

This fee may range from 5% to 20% and will be applied to all monthly payment plans. When choosing a payment plan, you are responsible for ensuring that the agreed amounts are available on the agreed dates, and it is your responsibility to decide which payment option is right for you.

If you have purchased one of our services or digital products in the form of a payment plan:

• The first installment is due on the day of registration and every 30 days thereafter until all payments have been made.

• If you fail to make a payment, the fees paid for the product or service up to that point will not be refunded and you will remain responsible for the full cost of the product or service, regardless of whether you continue to participate in it or not.

• If you fail to meet the agreed payment terms, you will lose access to all related program materials and will be excluded from all related memberships or online support groups.

 

Refund/Cancellation Policy for Digital Products

Because we sell digital products in the form of audio and video recordings, online courses, hybrid programs, and e-books, which by their nature cannot be returned, all fees paid for digital products are non-refundable.

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All of our services and products are non-transferable.

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Policy for Individual Sessions and Packages—Refund/Cancellation Policy

Cancellation of a coaching session or coaching package is generally not possible, with the exception of the right of withdrawal in accordance with Articles 40 a to 40 f of the Swiss Code of Obligations (see next point, Right of withdrawal for doorstep transactions and similar contracts). Further exceptions are illness or accident of the client or a close relative that makes it impossible to participate or reschedule the appointment of the booked service.

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Reference to the Right of Withdrawal for Doorstep Transactions and Similar Contracts

In accordance with the provisions of Articles 40 a to 40 f of the Swiss Code of Obligations, participants who purchase a service worth more than CHF 100 for personal or family use have a right of withdrawal if the offer to conclude the contract was made at their place of work, in residential premises or their immediate vicinity, on public transport or public roads and squares, at an advertising event connected with an excursion or similar event, or by telephone or by comparable means of simultaneous oral telecommunication. In such cases, the customer must revoke the contract within 14 days of submitting the application or concluding the contract with the organizer. This right of revocation does not apply if the customer expressly requested the conclusion of the contract (e.g., by visiting the organizer's website or calling the organizer) or made their declaration at a market or trade fair stand. The cancellation must be made in writing by email to: contact@malaikasark.com and only takes effect after Malaika's SpArk has confirmed receipt of the cancellation by email.

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Guidelines for Individual Sessions and Packages—Rescheduling

If you need to reschedule an appointment, please notify us at least 24 hours in advance at contact@malaikasark.com.

Appointments rescheduled less than 24 hours in advance will be subject to a fee of 30% of the purchase price.

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Policies for Individual Sessions and Packages—No-Shows

If you are more than 10 minutes late or do not show up for your session, it will be considered a no-show, and you will forfeit your session and will not receive a refund or credit for the session. 

We thank you for showing Malaika and yourself the respect of arriving on time.

Malaika looks forward to accompanying and supporting you.

By booking, you agree to our privacy policy and terms and conditions. All offers and services are subject to the terms and conditions and privacy policy outlined in the booking guidelines and the booking process (form).

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Fulfillment for Online Events

If the organizer's services are provided online, the organizer is responsible for ensuring that the services are available at all times. If the service cannot be provided due to technical problems on the part of the organizer, the organizer is obliged to agree on a new date with the participants in order to deliver the promised service. Their service shall be deemed to have been rendered even if the customer is unable to access the service offered by the organizer for any technical or other reasons of their own. The customer is responsible for ensuring that they have sufficient Internet access and the programs necessary to access the service.

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Withdrawal from the Contract

a) By the Organizer

The organizer is entitled to cancel seminars or courses without giving reasons. In such cases, it shall refund the seminar or course fees paid by the participants or offer them at least one alternative date.
Suppose participants fail to meet their obligation to pay the fees. In that case, the organizer is entitled, without setting a grace period (reminder), to either demand that the participant fulfill their obligation or exclude them from the course.
Suppose the timely fulfillment of the contractual services by the organizer, its suppliers, or other third parties is prevented or severely restricted by force majeure (e.g., natural disasters, storms, wars, unrest, revolution, terrorism, sabotage, strikes, nuclear accidents, epidemics or pandemics, official event bans or curfews). In that case, the organizer shall be released from its contractual obligations. If the force majeure lasts longer than 30 days, the organizer may withdraw from the contract, but must refund 50% of the fees to the participants. Any further claims by the participants, in particular claims for damages, are excluded in cases of force majeure.

b) By the Participants

Seminars:

Participants are entitled to cancel contracts for seminars up to 4 weeks before the event. The fees paid by them will be refunded, but the organizer is entitled to deduct CHF 250 from the amount to be refunded as compensation for expenses. If seminar documents have already been sent to participants, the organizer is entitled to deduct the full fee.

If participants cancel between 4 and 2 weeks before the seminar, the organizer is entitled to retain 50% of the fee paid. The remaining amount will be refunded to the participants.

If seminar documents have already been sent to participants, the organizer is entitled to deduct the full fee.

Courses (Subscriptions):

Registration for courses (subscriptions) is binding. Contractually agreed courses (subscriptions) cannot be canceled or refunded.

Events:

Registration for events is binding. Contractually agreed and purchased event tickets cannot be canceled or refunded.

 

Distinction from Therapies, Medical or other Healing Treatments

The individual sessions, packages, courses, and seminars offered by the organizer are not psychotherapy, healing treatment, or medical treatment. They are not intended to replace such treatments.

All our offers require participants to have everyday mental and physical resilience.

If participants have any symptoms of illness, they are requested to seek medical treatment. We work with people with mental illness, but we encourage our customers to seek additional support from specific professionals. In cases of severe mental illness, we reserve the right to refuse or terminate cooperation and refer those affected to appropriate professional institutions that are right for their current stage of life and serve their best interests and highest good.
The work we do is not licensed/certified healthcare.
This means that we are not doctors, psychiatrists, psychologists, specialist counselors, or social workers. You acknowledge that if you have worked with a licensed healthcare professional, are currently working with one, or would like to work with one in the future, you should discuss your decision to use alternative or complementary tools and techniques with that person.
Furthermore, none of the work conducted with us should be considered a substitute for the advice of a physician, psychologist, psychiatrist, psychotherapist, or other healthcare professional.

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Disclaimer

Your results may differ from the results and testimonials advertised. It takes real dedication to achieve some of the results we use in our marketing. We do not believe in quick riches or overnight success and make no promises of healing, success or other.

You acknowledge that we make no representations regarding the physical, mental, emotional, spiritual, or health benefits, future income, expenses, sales figures, or potential profits or losses of any kind that may result from your participation in the program, product, service, or program materials. You accept and understand that results will vary for each individual.

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We also expressly disclaim any responsibility for the decisions, actions, results, use, misuse, or non-use of the information provided or obtained through our programs, products, services, or program materials. You agree that your results are solely your own and that we are not liable or responsible in any way for your results.

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Your decision, your responsibility for your mental and holistic health: As part of our work, you may be offered advice and other perspectives on your problems and their solutions for your consideration. You hereby agree that everything we discuss is only our perspective and is not binding or prescriptive for you. If you wish to discuss our suggestions regarding your mental and holistic health with someone else, you should do so with a licensed healthcare provider. We encourage all our clients to seek the necessary support and guidance from a doctor, psychiatrist, psychologist, psychotherapist, or other professional in addition to our support.

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You acknowledge that we always have your best interests and highest well-being in mind and offer you the space to develop your highest potential, assuming that anything is possible for you.

We are not liable for lost profits, business interruption, losses of any kind, lost savings, loss of goods, loss of contracts, loss or damage to data or information, or special, indirect, consequential, or purely economic losses, costs, damages, fees, or expenses incurred by you as a result of entering into this agreement and the services provided.

Our total liability arising out of contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise in connection with the performance or intended performance of this agreement shall in all circumstances be limited to the total price paid by you for the program, product, or service.

Suppose we are prevented or delayed in performing our obligations by your actions or omissions or by circumstances beyond our control. In that case, we shall not be liable to you for any costs, fees, or losses incurred by you directly or indirectly as a result of such prevention or delay.

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Intellectual Property Rights

Malaika-Corina Nater from Malaika's Spark, Malaika Nater Ministries, is the owner and licensee of all intellectual property rights and all other rights in the materials and content we use in our programs, products, and services.

You may not at any time copy, reproduce, publish in any form, distribute, sell, or otherwise make available to third parties any content or materials we use in the programs, products, or services.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use all or part of the content or materials used in the programs, products, and services solely for the purposes for which the programs, products, or services were provided—exclusively for your educational purposes.

You may not make any audio or video recordings of the programs, products, or services, or any part thereof, without our prior written consent. These will instead be recorded by us and sent to you, where possible and appropriate.

The organizer has the exclusive right to all course materials, instructional videos, recordings of group events, etc. Participants are not permitted to use the protected content outside of their seminars/courses or make it available or transfer it to third parties without the prior express written consent of the organizer.

If products provided or made available to participants by the organizer are used by participants for commercial purposes, the participant shall pay the organizer a contractual penalty of CHF 20,000. The organizer may enforce further claims for damages or an injunction in addition to the contractual penalty.

Participants are granted access and login details to the organizer's content exclusively for personal use for the duration of the corresponding contract. Passing on the access and login details to third parties not authorized by the organizer is strictly prohibited. In the event of a violation, a contractual penalty of CHF 20,000 shall be payable. The organizer is also entitled to claim damages.

Suppose participants produce documents, images, videos, audio recordings, etc., either individually or in groups, within the framework of courses or seminars organized by the organizer. In that case, the copyright to these products shall be transferred to the organizer upon delivery.

The organizer is entitled to monitor compliance with the provisions of this clause, including through the use of appropriate electronic means.

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Data Protection

The organizer may use the data collected in connection with the conclusion of the contract to fulfill its obligations. The organizer shall ensure that the data entrusted to it is stored securely. Participants declare that they fully agree to the storage and contractual use of their data by the organizer and are aware that the organizer may be obliged to disclose information to third parties by order of courts or authorities.

You consent to the use of cookies within the organizer's services and agree that the organizer may evaluate user behavior.

Participants undertake to treat as confidential any personal information they receive about other participants during the courses/seminars and not to pass it on to third parties.

Seminars/courses may not be recorded by participants without the prior express written consent of the organizer and any other parties concerned.

Participants are informed in advance if the organizer records courses and seminars. Unless a participant has given a different instruction in writing to contact@malaikasark.com, and having received the confirmation from Malaika's SpArk per email, the organizer is entitled to use recorded courses/seminars (or excerpts thereof) for marketing or training purposes. This also applies to other products created by participants during the seminars/courses (e.g., documents, images, videos, audio recordings, etc.).

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Privacy Policy

We are aware of the importance of the security of the information we control.

Our Privacy Policy sets out the basis on which we process personal data collected during your use of our website. Please read our Privacy Policy carefully to understand our views and practices regarding your data and how it will be treated.

 

We use our best efforts to take all reasonable steps to protect your personal data.

However, we cannot guarantee the security of the data you transmit online. You accept the security risks associated with providing information over the Internet. You will not hold us responsible for any security breaches unless they are due to our negligence or intentional misconduct. By using the website, you consent to the transfer, storage, and processing of your personal data and the provisions of this privacy policy.

 

Our full privacy policy can be found here.

 

Applicable Law and Place of Jurisdiction

These Terms and Conditions and Privacy Policy are governed by Swiss law and shall be interpreted accordingly. The courts of Switzerland shall have exclusive jurisdiction over any disputes arising from or in connection with these Terms and Conditions or Privacy Policy.

The place of jurisdiction is Herisau, AR, Switzerland.

 

Changes to our Terms and Conditions and/or Privacy Policy

We may change our Terms and Conditions and/or our Privacy Policy from time to time at our sole discretion.

In this case, we will publish the revised versions on this website. We recommend that you check this page

regularly to ensure that you have the most recent Version. Changes take effect when they are published on the website.

 

Contact

If you have any comments or questions about our Terms and Conditions and/or our Privacy Policy, please email us at contact@malaikasark.com

 

~~ Version dated July 27, 2025 ~~

Click here to read our Privacy Policy.