Terms and Conditions
Welcome to theharmonizedempath.com, a subsidiary of The Harmonized Empath by Ludivine Huteau. The following Terms of Use govern your access and use of the Site. By accessing or using this Site you indicate your agreement to these Terms of Use. Please carefully read these Terms of Use before accessing or using this Site, as your use and access create a binding agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, do not access or use this Site.
PRIVACY
Please review our Privacy Policy to understand our practices regarding privacy.
ELECTRONIC COMMUNICATIONS
You agree to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any and all legal requirements that such communications be in writing.
ADDITIONS TO SITE CONTENT
Any new products, services or features added to the Site will also be subject to these Terms of Use. The most current version of these Terms of Use will be available on this page. The Harmonized Empath by Ludivine Huteau reserves the right to update, change or replace any part of these Terms of Use. It is your responsibility to check this page periodically for changes. Your continued use or access of the Site following the posting of any changes constitutes acceptance of those changes.
COPYRIGHT & TRADEMARKS
This website and its contents are intended for your personal use. Unless otherwise noted, all content on this site, including text, graphics, logos, button icons, images, audio clips, and software, is the property of The Harmonized Empath by Ludivine Huteau and is protected by the French and international copyright laws. All software used on this site is the property of The Harmonized Empath by Ludivine Huteau and is protected by the French and international copyright laws. Third-party content providers also own copyrights in the content original to it. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the site content, on this site, in whole or in part. You may download or copy one copy of the site content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made.
Downloading or copying site content other than personal, noncommercial use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or copying any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission of your content on the Site. © The Harmonized Empath by Ludivine Huteau All rights not expressly granted herein are reserved.
PRODUCT DESCRIPTION AND PRICES
We attempt to describe products featured on this site as accurately as possible. However, we do not warrant that the product description or other content of this site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you. (If you are not completely satisfied with your purchase, you may request a refund as described in our Refund Policy)
REFUND POLICY
Self-care and Harmonization Program:
shall be entitled to a refund within 3 days of purchase upon the submission of a written refund request to hello@theharmonizedempath.com After the Refund Period expires, the Customer shall be responsible for full payment of fees for the entire Program, regardless of whether Customer completes the Program.
Animal Connection, One-one-one sessions:
This item is non-refundable once purchased.
CANCELLATION POLICY (One-on-one Sessions)
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This item is non-refundable once purchased.
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All sessions expire after six (6) months from the date of the purchase.
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To reschedule an appointment a 72hr notice is required.
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Any cancellation or reschedule made between 72 and 24 hours prior to the scheduled time will result in a cancellation fee. The amount of the fee will be equal to 50% of the reserved service amount.
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If you are unable to provide a 72 hr or 48h or 24 hr notice, or if you miss an appointment you will be charged the full amount of the session.
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You have a 15 min grace period in case you are late, after that the session is canceled as no-show.
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When you book your appointment, you are holding a space on our calendar that is no longer available to other clients. We understand that sometimes, unexpected delays and schedule changes can occur. If you need to reschedule your appointment prior to 72hrs in advance, you can do so on your email confirmation. | If you need to reschedule your appointment less than 72 hrs in advance please email hello@theharmonizedempath.com
PRODUCT REVIEWS
Unless indicated otherwise, when you post content or submit material on our site, you grant The Harmonized Empath by Ludivine Huteau a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant The Harmonized Empath by Ludivine Huteau and its sub-licensees the right, but not the obligation, to use the name that you submit with such content. You represent and warrant that you own or control all rights to the content you post or submit; that the content is accurate; that use of the content will not violate this policy; and that the content will not cause injury to any person or entity. You agree to indemnify The Harmonized Empath by Ludivine Huteau for any and all claims resulting from content that you submit or post. You agree that The Harmonized Empath by Ludivine Huteau has the right, but not the obligation, to monitor, edit, and/or remove any activity or content. The Harmonized Empath by Ludivine Huteau shall have no responsibility and assumes no liability for any content posted by you or anyone else.
COPYRIGHT INFRINGEMENT CLAIMS
The Harmonized Empath by Ludivine Huteau respects the copyrights of others. If you see any content on the Site that you believe violates or infringes your copyright, you may submit via email a DMCA takedown request. Please provide the following information:
(1) The URL, and other description if necessary, to precisely locate the unauthorized material on the Site; (2) a detailed description of the copyright protected work you believe has been improperly used; (3) a URL link or other reference to the work you believe has been improperly used; (4) acknowledgements in the following forms, as required by the DMCA: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law” and “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed” and your signature “/s/ [fill in your name]”. Submit this in an email to hello@theharmonizedempath.com
AGE RESTRICTION
By using this Site you represent that you are at least 18 years old. If you are not at least 18 years old, you may only use the Site if your parent or guardian consents and assumes full responsibility for your use of the Site.
LINKS TO THIRD-PARTY SITES
This site may contain links to web sites operated and maintained by third parties, over which we have no control. Their Privacy Policy and Terms & Conditions may be different from our Privacy Policy and Terms & Conditions. Be advised that you access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any personal information on it.
DISCLAIMER AND WARRANTIES
This information has been made available for informational and educational purposes only. The Harmonized Empath by Ludivine Huteau does not make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of this information.
The information shared here is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on the Site.
The Harmonized Empath by Ludivine Huteau hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental, or other consequential damages arising directly or indirectly from any use of this Content, which is provided as is, and without warranties.
Customer acknowledges that neither Company, its affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Program, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the Program.
Customer understands that the Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding any results of any kind. Customer agrees that its results are dependent on various factors and in no way dependent on any information Company provides to Customer.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that the Company is not responsible for any loss, property damage, or bodily injury, caused by use of or participation in the Program. To the maximum extent permissible under applicable law, Company will not be responsible to Customer or any third party claims through Customer for any direct, indirect, special or consequential, economic or other damages arising in any way out use of or participation in the Program.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING AND PURCHASING PRODUCTS FROM THIS SITE, YOU AGREE THAT IN NO EVENT SHALL THE HARMONIZED EMPATH BY LUDIVINE HUTEAU, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.
FILM / RECORDING RELEASE
Customer hereby authorizes the Company to photograph and or record the video during a session, (on tape, film, print, website or otherwise).
One to one session recordings are part of the service with the goal to strengthen the efficiency of the whole service provided to the customer. This recorded sessions are for the customer use only and responsibility: they are kept 7 days by The Harmonized Empath by Ludivine Huteau in case of any issue on the customer's side which would be leading to an unproper downloading of the session on his own devices. These recordings are not kept or filed by the Harmonized empath by Ludivine Huteau and will be deleted after this 7 days time period.
Customer hereby waives all rights, release, and discharge the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action whether now known or unknown, for proceeds, defamation, invasion of right to privacy, publicity or personality or any similar matter.
FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
DISPUTE RESOLUTION
As a condition precedent to your filing any claim or action against The Harmonized empath by Ludivine Huteau, you agree to participate in good faith in a mediation, to be conducted at a mutually agreeable geographical or digital location, each party to bear its own costs. Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises.
SEVERABILITY/WAIVER
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
CONFIDENTIALITY
Any Confidential Information shared by any representative of the Company or any other Program Participants is confidential, proprietary, and belongs solely and exclusively to the party disclosing the information. Customer agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Company Websites, during any Sessions, or otherwise.
Customer agrees not to use such confidential information in any manner other than in discussion with the Company during the Program. Confidential Information includes, but is not limited to, information disclosed during the Program by Company or Program Participants, in connection with this Agreement, including, but not limited to, any names, addresses, telephone numbers or e-mail addresses, and shall not include information rightfully obtained from any third party.
Customer will keep Confidential Information in strictest confidence and shall use its best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Further, Customer agrees that if they violate or display any likelihood of violating this section the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NON-DISCLOSURE OF MATERIALS
Material given to Customer in the course of Customer’s work with the Company is proprietary, copyrighted and developed specifically for Company. Customer agrees that such proprietary material is solely for Customer’s own personal use. Any disclosure to a third party including but not limited to, reproduction of the materials in the Program is strictly prohibited.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company’s Program is copyrighted and the original materials that have been provided to Customer are for Customer’s individual use only and a single-user license. Customer is not authorized to use any of Company’s intellectual property for Customer’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
Customer agrees that if Customer violates, or displays any likelihood of violating, any of Customer’s agreements contained in this paragraph, the Company will be entitled to damages and injunctive relief to prohibit any such violations and to protect against the harm of such violations.
CUSTOMER RESPONSIBILITY
Customer accepts and agrees that Customer is fully responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing regarding Customer’s performance. Customer understands that because of the nature of the program and extent, the results experienced by each Customer may significantly vary. Customer acknowledges there is no guarantee that Customer will reach their goals as a result of participation in the Program or one to one sessions.
MISCELLANEOUS
A) Limitation of Liability. Customer agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Customer releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Customer accepts any and all risks, foreseeable or unforeseeable.
Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program and one to one services. Customer knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Customer may sustain as a result of participating in this Program or one to one services.
Customer further declares and represents that no promise, inducement or agreement not herein expressed has been made to Customer to enter into this release. The release made pursuant to this paragraph shall bind Customer’s heirs, executors, personal representatives, successors, assigns, and agents.
B) Non-Disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred (blog post/social media) or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
C) Assignment. This Agreement may not be assigned by the Customer, without express written consent of Company. This Agreement shall be binding upon and insure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
D) Termination. Company is committed to providing all customers in the Program and one to one sessions with a positive Program experience or one to one session. Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to the Program or one to one session, without refund or forgiveness of monthly payments if Customer becomes disruptive to Company, difficult to work with or upon violation of the terms as determined by Company. Customer will still be liable to pay the total contract amount.
E) Indemnification. Customer shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Customer shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Customer recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
I) Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
J) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of France.
APPLICABLE LAW
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware of any potential or suspected violation of these Terms & Conditions or of our Privacy Policy we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms & Conditions or the Privacy Policy could be subject to criminal or civil penalties. The Terms & Conditions and the relationship between you and The Harmonized Empath by Ludivine Huteau shall be governed by the laws of the State posted in the address below without regard to its conflict of law provisions.
The failure of The Harmonized Empath by Ludivine Huteau to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or the Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Harmonized empath by Ludivine Huteau
https://www.theharmonizedempath.com/
65, rue caulaincourt
75018 Paris
France