Last revised: November 17, 2018
1. Legal Agreement
This website is owned and operated by Caroline Cruz Picq through wix.com. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the sale of online coaching & holistic therapy services, as well as a blog & member's area. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
1.1 Caroline Cruz Picq hereby explicitely specifies that she is NOT a health professional, nor a psychotherapist or a psychologist. By using this website and its related services the user and / or client declares his / her awareness and acceptance of this clause.
2.1 User Account
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.
2.2 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.
2.3 Provisions regarding user communities
This website is hosted by Wix which offers its users the ability to create communities for the users of their websites, in order to interact with such users in a better way. As part of communities all users must respect the code of conduct detailed here.
2.3.1 Visibility of profile
This website includes a user community, we hereby clarify that all users that join a community have a public profile that is publicly visible to site visitors, and that their public activity (such as their posts or comments) will be visible to other visitors of the website.
2.3.2 Opting out of the community
Users of the website can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. Naturally, in such event the user will not be able to use the community features (e.g. liking, commenting or writing posts).
3.1 Commercial Terms
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 an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing is available on the payments page.
3.1.1 Applicability of commercial terms offered to clients
184.108.40.206 The parties are determined as follows: Caroline Cruz Picq is henceforth treated as the provider; and the individual who buys a service on the provider's website, is now treated as a client.
220.127.116.11 These general terms and conditions apply to the above-mentioned parties and apply to the online holistic therapy and coaching services offered by the provider. Any client who buys and / or uses the services offered by the provider expressly declares that he / she accepts this contract and all other policies and principles that govern them.
18.104.22.168 In the event that the client can not be characterized as liable, the obligations set forth in this agreement shall be transferred to their legal guardians.
22.214.171.124 The object of this contract is the online holistic therapy and coaching service offered by the provider being performed by online communication via skype.
126.96.36.199 Sessions are held at predetermined times, either by scheduling online through the the provider's website, or by exchanging messages between the provider and the client.
3.1.3. Access to service
188.8.131.52 The client will only have access to the sessions after confirmation of the payment made to the provider.
184.108.40.206 Recording of the provider's sessions by the client by any means is prohibited.
220.127.116.11 Payment shall be made by the client to the provider before the sessions are held.
18.104.22.168 Payment of the total amount of each session in € (euros) is made at the time of online booking of the session.
22.214.171.124. The payment is made in advance through the scheduling and online payment system of the provider's website, via Paypal or Stripe for payments by credit card, or debit to account, being the sole responsibility of the client the information that it releases on the forms for online payments.
126.96.36.199 Cancellation of online purchase
188.8.131.52.1 The client may cancel the service and request a refund of the amount paid, while the session has not been held, only for the period of 14 (fourteen) days after online purchase.
184.108.40.206.2 In the event of access to the service through a session during the period of 14 (fourteen) days after online purchase, cancellation and refund will not be possible.
220.127.116.11 Canceling and rescheduling sessions
18.104.22.168.1 Sessions may be canceled, and may be rescheduled if there is availability on the provider's agenda, only for reasons of illness or emergencies, or holidays communicated in advance.
22.214.171.124.2 The cancellation and rescheduling of sessions due to client's holiday must be communicated at least fifteen (15) days in advance, otherwise the sessions will be charged in full.
126.96.36.199.3 The cancellation must be communicated at least 24 (twenty four) hours in advance; otherwise the session will be charged in its entirety.
3.1.6. Obligations of the client
188.8.131.52 The client is reponsible for his own internet access. The client has knowledge that he must install on his computer the software necessary for the smooth running of the session via skype, with visual and sound communication.
184.108.40.206 The client is reponsible to provide true, updated and complete information as requested on the registration pages of the provider's website.
220.127.116.11 The client is responsible for the correct use of his login and password, which are of his exclusive use, for the purpose of online scheduling through the provider's website.
18.104.22.168 The client is responsible for scheduling the sessions, either through the online scheduling service on the provider's website or by email exchanges with the provider.
22.214.171.124 The client is responsible for paying the sessions with at least 24 (twenty four) hours in advance.
126.96.36.199 The client declares to be aware that the service is directed to the aid for his personal development, not creating any obligation of result for the provider.
188.8.131.52 All information shared between the provider and the client during the sessions shall be kept strictly confidential and shall not be disclosed without the written consent of the client.
184.108.40.206 In case of a life-threatening situation involving the client or others the confidentiality is not guaranteed by law. In this case the provider has no obligation to maintain confidentiality.
220.127.116.11 The provider may discuss the content of the online holistic therapy service and coaching provided to the client with colleagues or supervisors using a pseudonym, thus maintaining the client's anonymity.
3.1.8. Validity of terms and consent
18.104.22.168 These terms are irrevocable and irreversible, obliging the parties, including their heirs and successors, to apply, where applicable, French consumer protection legislation.
22.214.171.124 The ineffectiveness or nullity of any clause shall not imply nullity of the contract, in relation to the other clauses.
126.96.36.199 The non-exercise of any rights guaranteed in this contract will not imply an act of renunciation or novation.
188.8.131.52 Any doubt or controversy between the provider and the client related to these terms shall be settled by the jurisdiction of Paris, France; with renunciation of any other jurisdiction, however privileged it may be.
3.2 Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
3.3 Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the website owner, Caroline Cruz Picq, 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, the website owner, Caroline Cruz Picq, 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.
You agree to indemnify and hold the website owner, Caroline Cruz Picq, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against her 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.
4. Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of the website owner, Caroline Cruz Picq. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
5. Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages 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.
6. 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 France, 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 Paris. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
7.1 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.
7.2 Contact Information
If you wish to receive customer support services and / or to correspond with the website and its operators feel free to get in touch with us through this form.