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© 2019 by Heart Fertility Coach.

I am not a doctor or a psychologist. The support and guidance I give in one-on-one coaching sessions and at retreats is not intended to replace a medical professional's medical care and treatment. My work with you cannot and will not diagnose or treat any medical problem. Anything I share is based on my personal experience only. For any healthcare decisions, advice from a medical specialist should be sought out.

Version française ici

GENERAL TERMS OF SALE AND USE

of the site www.heartfertilitycoach.com

- This English version is for comprehension purposes only and carries no legal value -

 

The General Terms of Sale and Use of the site www.heartfertilitycoach.com referred to below must be read carefully and be accepted prior to any order placed for services provided by “Heart Fertility Coach”. Any order made implies full and unreserved acceptance of these General Terms of Sale and Use. “Heart Fertility Coach” may at any time update these General Terms of Sale and Use, prevailing over any other document. 

Article 1: Introduction 

 

These General Terms of Sale and Use apply, without restriction or reserve, to all services (hereby “Services”) offered to clients (hereby “Clients”) by “Heart Fertility Coach”, a micro enterprise registered by Laila A L F A N O under the SIREN number 539 771 444, with its head office located at 33, avenue Philippe-Auguste, 75011 Paris, France, with the email heartfertilitycoach@gmail.com.

 

These General Terms of Sale and Use can be modified at any time without notice by “Heart Fertility Coach”, the creator of www.heartfertilitycoach.com (hereby “Site”). The General Terms of Sale and Use applicable to the Client are those in force on the day of his or her order or connection to the Site, any new connection to the personal page indicating acceptance, if applicable, of new General Terms of Sale and Use.

 

Any document other than these General Terms of Sale and Use, in particular advertising, flyers, etc., is of informational value only on activities offered by “Heart Fertility Coach” and is non-contractual.

 

Article 2: Acceptance of these General Terms of Sale and Use

 

By signing this contract, the Client acknowledges having first read these General Terms of Sale and Use and fully accepts them. These General Terms of Sale and Use will automatically apply to other Services that “Heart Fertility Coach” is or will be called upon to provide to the Client. 

 

These General Terms of Sale and Use are applicable to all contracts concluded between “Heart Fertility Coach” and the Client, to the exclusion of all other terms in particular the terms of the Client. The stipulations in this contract, including the specific terms and these General Terms of Sale and Use, constitutes the entire agreement between the parties.

 

“Heart Fertility Coach” reserves the right to change these General Terms of Sale and Use at any time. As such, the new General Terms of Sale and Use will be binding on the Client from the moment they are signed by the Client. Any change to these General Terms of Sale and Use will be deemed accepted and binding on the Client if, informed of said changes, he or she does not expressly object to the new General Terms of Sale and Use in writing within 1 week of the knowledge of this amendment. 

 

Article 3: General characteristics of Services

 

The aim of the activities provided by “Heart Fertility Coach” is exclusively for the well-being of the person. The coaching practised by “Heart Fertility Coach”, in its content or objectives, is not meant to ressemble a doctor’s scope of practise or any medical expertise. The coaching is based on well-being around the approach of relaxation, overall balance, lifestyle and the mind-body connection only. “Heart Fertility Coach” does not give any advice whatsoever meant to replace the Client consulting with a healthcare professional or fertility specialist. On this basis, “Heart Fertility Fertility Coach” cannot be held liable. 

 

The Services offered by “Heart Fertility Coach” are available on the Site. “Heart Fertility Coach” reserves the possibility to make improvements or changes to the Services deemed useful at any time without having to apply them to Services already provided or in the process of being provided.

 

Article 4: Conditions of Services provided, Client agreement and behaviour

4.1 One-on-one coaching sessions

 

One-on-one coaching session Services are offered at the dates and times indicated during the placement of the order. The Client agrees to finding a quiet space for the duration of the Service with calm conditions that are compatible with providing the Service. 

 

The Client understands the importance of being able to speak English or French fluently. The sessions can be provided in either English or French, upon request by the Client. “Heart Fertility Coach” cannot be held responsible if the Client does not understand the content of any coaching session in progress. 

 

The length of each coaching session Service is one hour and includes any delay on the part of the Client. It is consequently recommended that the Client be on time for each Service.

 

The Client ensures he or she has read the characteristics of the Services prior to signing these General Terms of Sale and Use. The Client agrees to the proper, intended use of the Services. The Client agrees to only use the information concerning the Services provided to him or her for his or her own needs and for the only purposes referred to in this contract. 

 

Before paying for any Services, the client agrees to share with “Heart Fertility Coach” any information that might have any effect on the progress of the Service.

 

Any communication before, after and between coaching sessions is limited. It is preferrable that topics that come up for the Client before, after or between sessions be discussed at the next session to allow for the topic to be addressed fully. In the event of a medical emergency of any kind, it is advised that the Client consult a doctor as soon as possible. 

 

All exchanges between the Client and “Heart Fertility Coach” remain strictly confidential. 

 

4.2 In-person group programs (hereby “Retreats”)

 

The Retreat Services are organised on the dates shared, either on the Site or on request by the Client via the Site to receive updates by email once the dates of upcoming Retreats are determined. When the dates for Retreats are shared on the Site, the Client can click on the “Enroll” button to enroll by filling out an enrollment form. When the dates of Retreats are shared with the Client by email, the Client will receive a link to the Site to enroll if so desired by filling out an enrollment form. If the Client indicates in the enrollment form that a person will be joining them (hereby “Client) at the Retreat, a separate email will be sent to that person with a link to the Site to enroll by filling out an enrollment form.

 

Upon enrollment in a Retreat, the Client agrees to participate in the Retreat and be available for the Retreat’s activities. These activites might include gentle physical activity including, without limitation, walking, yoga, dancing and various other gentle exercises. The Client hereby elects to voluntarily participate in this gentle physical activity as part of the Retreat. If the Client chooses for any reason not to participate in a gentle physical activity, “Heart Fertility Coach” is not responsible for providing an alternative activity. 

 

The Client can enroll in a Retreat alone or accompanied by the Client’s partner or someone else in the Client’s support network such as a friend or family member. It should be noted that anyone joining the Client on a Retreat should be 18 years of age or over or, if appropriate, be of the age of majority in their country.

 

The Client understands the importance of being able to read, write and speak English or French fluently. Retreats will be held in either English or French, as determined by “Heart Fertility Coach” in advance. “Heart Fertility Coach” cannot be held responsible if the Client does not understand the content of any Retreat in progress.

 

The duration of each Retreat Service is 3 days or 6 days. An email confirming the exact dates and times of the Retreat will be sent to the Client after payment confirmation. The exact address of the Retreat will be provided to the Client in this same email.

 

The Client ensures he or she has read the characteristics of the Services prior to signing these General Terms of Sale and Use. The Client agrees to the proper, intended use of the Services. The Client agrees to only use the information concerning the Services provided to him or her for his or her own needs and for the only purposes referred to in this contract.

 

Before paying for any Services, the Client agrees to share with “Heart Fertility Coach” any information that might have any effect on the progress of the Service.

 

The Retreats will only happen if there is a minimum of 4 participants. Under 4 participants, “Heart Fertility Coach” reserves the right to cancel any Retreat, the refund of which will be emitted within a maximum timeframe of 15 days following the date of the cancellation of any obligation. “Heart Fertility Coach” cannot be held responsible for any train, plane, car or accommodation reservations or any other expenses already paid for in the event of any cancellation.

 

Apart from requests for additional practical information, as well as the one-on-one coaching session provided before the Retreat that the Client is enrolled in, any communication before and after a Retreat is limited. It is preferrable that topics that come up for the Client be discussed at the Retreat or at a following one-on-one coaching session to allow for the topic to be addressed fully. In the event of a medical emergency of any kind, it is advised that the Client consult a doctor as soon as possible.

 

All exchanges between the Client and “Heart Fertility Coach” remain strictly confidential. Clients are asked to respect the confidential nature of information shared by other Clients during Retreats. Permission is required before taking any photographs. 

 

4.3 Cancellations

 

The Client can cancel Services by informing “Heart Fertility Coach” by email at heartfertilitycoach@gmail.com, provided 24 hours’ notice is given for one-on-one coaching sessions and 35 days’ notice is given for Retreats. If this notice is not respected, the cost of the Services is due to “Heart Fertility Coach” except in the event of force majeure.

 

In accordance with Article 14 of these General Terms of Sale and Use, any cancellation by the Client for medical reasons should be made at least 24 hours in advance.

 

As applicable, any refunds will be emitted within a maximum timeframe of 15 days following the date of cancellation of any obligation.

 

4.4 Rescheduling of one-on-one coaching sessions

 

Following the cancellation of a one-on-one coaching session, on the request of the Client a new session can be organised as quickly as possible to the convenience of both parties.

 

4.5 Inappropriate behaviour

 

Any inappropriate behaviour, harassment or any form of abuse, be it verbal, physical or written, before, after or between Services will result in all communication being interrupted with the Client and any upcoming Services already purchased by this Client will be cancelled, the refund of which will be emitted within a maximum timeframe of 15 days following the date of the cancellation of any obligation. 

 

Any inappropriate behaviour, harassment or any form of abuse, be it verbal, physical or written, during a one-on-one coaching session will result in the session in progress being immediately interrupted without the Client being able to request a refund of the amount paid to “Heart Fertility Coach” for the session, and any other upcoming Service already purchased by this Client will be cancelled, the refund of which will be emitted within a maximum timeframe of 15 days following the date of the cancellation of any obligation.

 

Any inappropriate behaviour, harassment or any form of abuse, be it verbal, physical or written, during a Retreat preventing the Retreat and its activites from happening as intended by “Heart Fertility Coach” will result in the Client being excluded from the remaining duration of the Retreat without the Client being able to request a refund of the amount paid to “Heart Fertility Coach”, and any other upcoming Service already purchased by this Client will be cancelled, the refund of which will be emitted within a maximum timeframe of 15 days following the date of the cancellation of any obligation

 

Any recording of any kind (sound, video, etc.) is not allowed unless authorisation is received by “Heart Fertility Coach”.

 

Article 5: Client obligations

 

5.1 Client information

 

The Client declares having received from “Heart Fertility Coach” all explanations and details needed to allow him or her to benefit from the Services according to this contract. 

 

The Client acknowledges that his or her needs are in line with the Services offered by “Heart Fertility Coach” and that he or she agrees to the contract with full knowledge and with all the necessary information enabling him or her to make a free and informed consent. 

 

On reading these General Terms of Sale and Use, the Client understands and accepts that it is not recommended to benefit from the Services as someone suffering from severe pathologies, nervous disorders or panic attacks, this list not being exhaustive, without prior medical advice.

 

The Customer agrees to inform “Heart Fertility Coach” of any circumstance likely to affect the fulfillment of this contract as soon as he or she becomes aware of it.

 

5.2 Authorisations and declarations

 

The Client is solely responsible for authorisations and declarations relating to the use of the Services. The Client declares that he or she has the necessary rights and authorisations for this purpose. Where applicable, the Client declares that he or she has previously taken all necessary steps, such as requests for administrative authorisations and declarations. 

 

Not having such declarations and authorisations will not in any way affect the validity of this contract. The Client will in particular be required to pay all amounts due to “Heart Fertility Coach”. The Client guarantees “Heart Fertility Coach” against any proceedings against him or her in the absence of such declarations and authorisations.

 

Article 6: Orders

 

The Client must be at least 18 years old or, if appropriate, be of the age of majority in his or her country, and have the legal capacity to place an order on the Site.

 

6.1 One-on-one coaching sessions

 

Clicking on the “Pay now" button (for a single session) or the “Buy now” button (for a session pack) on the “Payment info” page that completes the order has the same value as an electronic signature that expressly certifies that the Client consents without reservation to these General Terms of Sale and Use. The Client waives, thereby, the right to invoke any contradictory document and in particular his or her own terms of purchase.

 

6.2 Retreats

 

Checking the last box concerning reading and accepting the General Terms of Sale and Use in the enrollment form has the same value as an electronic signature that expressly certifies that the Client consents without reservation to these General Terms of Sale and Use. The Client waives, thereby, the right to invoke any contradictory document and in particular his or her own terms of purchase.

 

6.3 Other details

 

The Site reserves the right to refuse or cancel any new order from a Client with whom a dispute exists.

 

In the event of an error in the email address, phone number or Skype ID entered by the Client at the time of purchase or in the filling out of the enrollment form, “Heart Fertility Coach” cannot be held responsible for the impossibility of providing the Service purchased.

 

Article 7: Availability of Services for purchase

 

One-on-one coaching sessions are normally accessible for purchase on the Site by the Client around the clock, 7 days a week, throughout the year. “Heart Fertility Coach” nonetheless reserves the right to temporarily close access to the sessions without notice. The Retreats will be available for purchase on the Site once the dates have been determined. Until then, Retreat information is provided on the Site with the possibility to sign up for updates by email once the dates of the upcoming Retreats are determined. Once available for purchase, “Heart Fertility Coach” reserves the right to temporarily close access to the purchase of a place at a Retreat without notice. 

 

“Heart Fertility Coach” cannot be held responsible for technical problems that arise other than the service it provides, such as connection problems due to Internet access providers or computer problems due to the Client’s hardware or software.

 

Article 8: Description of Services

 

8.1 One-on-one coaching sessions

 

A one-on-one coaching session: is an individual coaching session and includes 1 60-minute session by Skype (worldwide) or by phone (option for France only) or in person (option for Paris only), the date and time of which is selected by the Client on the calendar at the time of the placement of the order.

 

A pack of 3 one-on-one coaching sessions: is individual coaching and includes 3 sessions, 60 minutes each, by Skype (worldwide) or by phone (option for France only) or in person (option for Paris only), the dates and times of which will be selected with the Client after confirmation of payment of the order. The Client has 4 months to complete the 3 sessions.

 

A pack of 5 one-on-one coaching sessions: is individual coaching and includes 5 sessions, 60 minutes each, by Skype (worldwide) or by phone (option for France only) or in person (option for Paris only), the dates and times of which will be selected with the Client after confirmation of payment of the order. The Client has 6 months to complete the 5 sessions.

 

A pack of 10 one-on-one coaching sessions: is individual coaching and includes 10 sessions, 60 minutes each, by Skype (worldwide) or by phone (option for France only) or in person (option for Paris only), the dates and times of which will be selected with the Client after confirmation of payment of the order. The Client has 12 months to complete the 10 sessions.

 

8.2 Retreats

 

A Retreat: is an in-person program with a group of Clients. The group programs can last 3 days or 6 days, the exact dates and times of which are shared with the Client either via the Site or on request by the Client to receive updates by email once the dates of upcoming Retreats are determined. The Retreats include group coaching as well as notebooks, pens and other supplies needed for any activities. A one-on-one coaching session will also be provided to each Client before each Retreat.

 

Article 9: Price

 

The prices indicated by “Heart Fertility Coach” at the time of purchase are in euros. All prices are exclusive of tax. As applicable, if “Heart Fertility Coach” becomes liable to pay VAT, the VAT rate in effect at the time of purchase will be applied. Any change of rate will be reflected without delay on the price of the Services offered.

Prices of sale can be changed at any time. Services will be paid for based on the prices in effect at the time of the placement of the order.

Article 10: Payment

 

All prices are payable in full in one payment upon order.

 

As soon as the means of payment used by the Client is validated, the order is confirmed.

 

The payment of purchases operates exclusively in euros.

 

“Heart Fertility Coach” reserves the right to cancel any order representing any risk of fraudulent use of a bank card. 

 

10.1 Coaching sessions

 

For coaching sessions, payment is made by bank card (credit or debit card) via Stripe or by Paypal. Purchase payments on the Site may be made in France or from abroad. 

 

10.2 Retreats

 

For Retreats, payment is made by bank card (credit or debit card) via Stripe or Paypal, in France or from abroad, on request of payment sent by email once the Client has enrolled in a Retreat by filling out and submitting the enrollment form. If the Client has indicated that a person will be joining them at the Retreat, a separate request of payment will be sent by email to that person to pay for their participation once they have enrolled by filling out and submitting the enrollment form. Payment is requested on receipt of the email within a maximum timeframe of 10 days. Beyond this timeframe, Clients may run the risk of losing their place at the Retreat.  

 

10.3 Stripe and Paypal

 

Via Stripe, the Client will enter his or her card number, the expiry date of the card, the name of the card owner and the Security Code (CVV) on the back of the card. All data exchanged between the Client and Stripe’s secured platform is protected against hacking attempts. 

 

A Paypal account allows you to pay directly without communicating your financial information on the Internet. Note: to buy via Paypal, you are not required to have a Paypal account.

 

“Heart Fertility Coach” relies on SSL encrypted protocol (Secure Socket Layer) and provides all necessary insurance for Internet transactions. 

 

As part of payments by Stripe or Paypal, “Heart Fertility Coach” does not have access to any data relating to the means of payment by the Client. Payment is made directly with Stripe or Paypal.

 

10.4 Receipt of payment

 

Receipt of payment, by “Heart Fertility Coach” and by Stripe or Paypal, will be sent to the Client by electronic means after each payment. The Customer expressly agrees to receive receipts of payment electronically.

 

Article 11: Services and requirements

 

11.1 One-on-one coaching sessions

 

The one-on-one coaching sessions will be made either by landline or mobile phone (this option is for France only), or by Skype (worldwide), or in person (this option is for Paris only). Consequently, depending on the case, a landline telephone, mobile phone or an Internet connection with a Skype account may be required. The Skype application can be found here.

 

Once arranged, “Heart Fertility Coach” will email the Client a confirmation of the dates and times of coaching sessions as well as a reminder of dates and times the day before each session.

 

The Client is committed to respecting the dates and times of the previously appointed coaching sessions. Over a 30-minute delay, “Heart Fertility Coach” reserves the right to cancel the session. If the Client is not present on the day and at the time of the organised session, no refund will be made.

 

11.2 Retreats 

 

The Retreats take place in person. The Client is required to be present in order to participate. If the Client is not present on the day and at the time of the first day of a Retreat, no refund will be made. 

 

Article 12: Customer Service

 

For information or questions in the context of practical inquiries, you can contact “Heart Fertility Coach” by email at heartfertilitycoach@gmail.com. “Heart Fertility Coach” reserves the right to respond within 48 business hours. 

 

Once a payment confirmation has been received for a pack of one-on-one coaching sessions, “Heart Fertility Coach” reserves the right to contact the Client within 48 business hours to organise the dates and times of the coaching sessions. 

 

Once an enrollment form is submitted for a Retreat, “Heart Fertility Coach” reserves the right to respond within 48 business hours. 

 

Article 13: Right of withdrawal

 

13.1 Terms for exercising the right of withdrawal

 

In accordance with the legislation in effect concerning distance selling, the Client has 14 calendar days to exercise his or her right of withdrawal without having to justify reasons or pay penalities, with the exception of, where applicable, return costs. 

 

The timeframe mentioned in the previous paragraph starts from the day of the conclusion of the distance contract for contracts relating to providing a Service. 

 

If the timeframe of 14 days expires on a Saturday, a Sunday or a bank holiday or non-working day, it is extended to the first working day thereafter. 

 

The decision of withdrawal should be sent to “Heart Fertility Coach” at the email address indicated in Article 1 of these General Terms of Sale and Use by means of a declaration free of any ambiguities. The Client has the possibility to use the standard form, for example, provided at the end of these General Terms of Sale and Use. In any event, “Heart Fertility Coach” will provide the Client with an acknowledgement of receipt of such a withdrawal by email without delay.

 

13.2 Effects of the right of withdrawal

 

If the right of withdrawal is exercised, “Heart Fertility Coach” must refund the Client all amounts paid as quickly as possible and at the latest in the 14 days following the date at which this right was exercised. Beyond that, the sum due will be subject to interest paid at the effective legal rate, as defined in Article L. 242-4 of the Consumer code. 

 

As applicable, the professional makes the refund using the same means of payment as that used by the Client for the initial transaction, unless expressly agreed upon by the Client to use another means of payment and as long as the refund does not involve any costs for the Client. 

 

The terms, time limits and procedures to exercise the right of withdrawal are outlined in the standard form provided at the end of these General Terms of Sale and Use.

 

13.3 Exclusions of the right of withdrawal

 

The right of withdrawal does not apply, in particular, to contracts providing Services fully fulfilled before the end of the withdrawal timeframe and whose fulfillment has begun after the Client's express prior agreement and express waiver of his or her right of withdrawal. 

 

Also, the right of withdrawal does not apply to contracts fulfilled completely by the two parties at the express request of the Client that the right of withdrawal will not be exercised. 

 

Upon the validation of the order of a Service, the Client waives his or her right of withdrawal by clicking on the button “Pay now” on the “Payment info” page for one single session or by clicking on the button “Buy now” on the “Payment info” page for a pack of sessions or by checking the box corresponding to this sentence: “I expressly waive my right of withdrawal of 14 days for services that I would benefit from before the expiry of this timeframe” in the enrollment form for a Retreat. The Client will receive a confirmation by email of his or her waiver of the right of withdrawal.

 

A Client who exercises his or her right to withdraw from a contract of services for which the fulfullment has begun, at his or her express request, before the expiry of the timeframe of the withdrawal, pays the professional an amount corresponding to the service provided up until the communication of his or her decision to withdraw, this amount being proportional to the total cost of the service agreed upon in the contract.

 

Article 14: Cancellation by the Client for medical reasons

 

If the Client cannot participate or continue to participate in upcoming Services, or remaining Services if the Services are in the process of being provided, for medical reasons, upon presentation of a medical certificate, depending on the case, “Heart Fertility Coach” will either provide a 100% refund or a prorata temporis refund for coaching sessions or the days of a Retreat already completed. Refunds will be emitted within a maximum timeframe of 15 days following the date of acceptance by “Heart Fertility Coach”. 

 

To receive a refund, any cancellation made by the Client for medical reasons should be done at least 24 hours before the Service or the next Service in the case of coaching sessions, or at least 24 hours before the Service or next day of the Service in the case of Retreats. 

 

Article 15: Incapacity to work and events beyond control

 

In the event of temporary physical incapacity or in the case of any event beyond her control temporarily preventing normal functioning, “Heart Fertility Coach” reserves the right to arrange new dates for Services in consultation with the Client without compensation. In the event of permanent physical incapacity of “Heart Fertility Coach” or in the case of any event beyond her control permanently preventing normal functioning, any obligation to “Heart Fertility Coach”’s Clients will be fully terminated without compensation being able to be requested from “Heart Fertility Coach”. Depending on the case, “Heart Fertility Coach” will either provide a 100% refund or a prorata temporis refund for coaching sessions or the days of a Retreat aleady completed. Refunds will be emitted within a maximum timeframe of 15 days following the date of the cancellation of any obligation. 

 

Article 16: Intellectual property

 

Any deterioration and, in the absence of authorisation, any representation, reproduction, modification, commercial use, total or partial, of different elements of this Site is prohibited and exposes its author to prosecution. These General Terms of Sale and Use do not include any authorisation to represent, reproduce, modify or make commercial use of the different elements of the Site except with a written agreement from “Heart Fertility Coach”.

 

Article 17: Responsibility

 

  • “Heart Fertility Coach” undertakes to provide all care and diligence necessary for the provision of quality Services in accordance with the specifications of these General Terms of Sale and Use. “Heart Fertility Coach” is solely liable for the obligation to use the services described in these General Terms of Sale and Use. In the context of the Services, Clients should be available, as applicable, at the time and place previously specified by “Heart Fertility Coach”. 

  • “Heart Fertility Coach” cannot be held responsible in the event of a Client injuring him or herself where directions given by “Heart Fertility Coach” were not respected, or in the event of a Client’s personal belonging being lost, damaged or stolen within the context of a Service or upon the Client’s use of a technique or practise learned during a Service.  

  • Similarly, “Heart Fertility Coach” declines any responsibility in the event of deterioration or theft of valuables, handbags, laptops, mobile phones, clothing or any other items belonging to Clients during the Retreats and coaching sessions. 

  • “Heart Fertility Coach” is released from any liability for breach of contract due to force majeure (strike, flood, fire, etc.).

  • “Heart Fertility Coach” cannot be held responsible for the content of sites on which its Services are listed outside of the present Site.

  • The Services offered are compliant with current French legislation in force. “Heart Fertility Coach” cannot be held responsible for non-compliance with the legislation of the country where the Service is purchased. 

  • The Client is solely responsible for the choice to purchase and benefit from the Services.

  • By purchasing the Services provided by “Heart Fertility Coach”, the Client understands that “Heart Fertility Coach” is not a doctor or psychologist and that the support and guidance given during one-on-one coaching sessions and Retreats are not meant to diagnose or treat any medical problem or replace the care and treatment of a medical professional. For any healthcare decision, advice from a medical specialist should be sought out. 

 

Article 18: Professional liability insurance

 

“Heart Fertility Coach” has taken out a professional liability insurance. 

 

Effective as of: 7th October 2019.

 

Article 19: Disclaimer

 

If the one-on-one coaching packs of 3 sessions, 5 sessions and 10 sessions are not used (beyond the deadline of 4 months, 6 months and 12 months respectively, see Article 8), the Client cannot request a refund, except for medical reasons (see Article 14).

 

Article 20: Protection of personal data

 

In the context of her Services, “Heart Fertility Coach” will be called upon to manage her Clients’ personal data.

 

20.1 Identity of data manager

 

The person responsible for collecting data processed on the Site is “Heart Fertility Coach”.

 

20.2 Identity of the Data protection officer

 

The Data protection officer is Mr Etienne Deshoulières, 121 boulevard de Sébastopol 75002 Paris, email address: contact@deshoulieres-avocats.com, telephone: 01 77 62 82 03.

 

20.3 Data collected

 

20.3.1 Data collected from clients

 

In the context of her contractual relations, “Heart Fertility Coach” may be called on to collect and process information from Clients, including: last name, first name, phone number, postal address, email, first and last name and phone number of an emergency contact, first and last name and email address of a person joining a Client on a Retreat if applicable, Skype ID, the choice of language spoken, etc. (this list may not be exhaustive).

 

20.3.2 Aim of collecting personal data

 

Data collected during contractual relations are subject to automated processing with the aim of:

 

  • Fulfilling contractual obligations

  • Contacting Clients

  • Avoiding any illicit or illegal activity

  • Enforcing the General Terms of Sale and Use

  • Carrying out legal proceedings

  • Verifying the identity of Clients

 

20.3.3 Legal basis for processing

 

The legal basis for data collected is a contractual relation. 

 

20.3.4 Recipients of data

 

Data collected will only be viewed by “Heart Fertility Coach” within the bounds strictly necessary to fulfill contractual obligations.

 

This data can never be freely viewed by a physical third person, either individually or in the aggregate. 

 

20.3.5 Length of storage of personal data

 

Collected personal data is stored for the duration of the contractual relation and for the time that “Heart Fertility Coach”’s liability can be invoked. 

 

Beyond the timeframe of storage, “Heart Fertility Coach” agrees to permanently destroy the data of those concerned without keeping a copy.

 

20.3.6 Security and confidentiality of personal data

 

Personal data is stored in secure conditions, according to the current means for doing so, in compliance with the provisions of the General Data Protection Regulation and the national legislation in effect. 

 

Access to “Heart Fertility Coach”’s premises is also secured.

 

20.3.7 Data minimisation

 

“Heart Fertility Coach” can also collect and process any data voluntarily transferred by her Clients. 

 

“Heart Fertility Coach” directs her Clients so that they only provide the personal data strictly necessary for fulfulling contractual obligations. 

 

“Heart Fertility Coach” agrees to only store and process the data strictly necessary for her professional activities and will delete any data received deemed not useful for her activities as quickly as possible.

 

20.4 Respecting rights

 

“Heart Fertility Coach”’s Clients have the following rights concerning their personal data, that they can exercise by writing to “Heart Fertility Coach” by email at heartfertilitycoach@gmail.com.

 

20.4.1 Right of information, access and data communication

 

“Heart Fertility Coach”’s Clients have the possibility of accessing the personal data concerning them. 

 

Due to “Heart Fertility Coach”’s security and confidentiality requirements in the processing of personal data, requests will only be processed if Clients provide proof of their identity, in particular by a scan of their valid identity card (in the event of a request sent by email to heartfertilitycoach@gmail.com) or a signed photocopy of their valid identity card (in the event of a request sent in writing), both marked with the words “I certify on my honour that the copy of this piece of identification is an exact copy of the original. Executed in … on …”, followed by their signature. 

 

To help assist them, Clients can find a letter template here developed by the Cnil. 

 

20.4.2 Right of rectification, deletion and right to forget data

 

“Heart Fertility Coach”’s Clients have the possibility of asking for the rectification, update, locking or deletion of their personal data which may prove to be inaccurate, incorrect, incomplete or out of date, as applicable. 

 

“Heart Fertility Coach”’s Clients can also define general and specific guidelines relating to the fate of personal data after their death. As applicable, the heirs of a deceased person can require that the death of their loved one be taken into consideration and/or that the necessary updates be made. 

 

To help assist them, Clients can find a letter template here developed by the Cnil. 

 

20.4.3 Right to object to data processing

 

“Heart Fertility Coach”’s Clients have the possibility of objecting to the processing of their personal data. To do so, Clients will have to write an email to heartfertilitycoach@gmail.com.

 

In this email, Clients will have to determine the data they want to delete as well as the reasons justifying this request, unless it is commercial prospection. 

20.4.4 Right to data portability

 

“Heart Fertility Coach”’s Clients have the right to receive the personal data that they have provided to “Heart Fertility Coach” in a transferrable, open and readable format.

 

20.4.5 Right to restricting processing

 

“Heart Fertility Coach”’s Clients have the right to ask that the processing of their personal data by “Heart Fertility Coach” be restricted. As such, their data will only be able to be stored and not further used by “Heart Fertility Coach”. 

 

20.4.6 Response times 

 

“Heart Fertility Coach” agrees to respond to each access, rectification or objection request or any other additional request for information within a reasonal timeframe that shall not exceed 1 month from the date of receiving the request.

 

20.4.7 Complaint to the competent authority

 

If “Heart Fertility Coach”’s Clients consider that “Heart Fertility Coach” is not complying with her obligations regarding their personal data, they can address a complaint or request to the competent authority. In France, the competent authority is the Cnil to which they can send a request here

 

20.5 Transfer of collected data

“Heart Fertility Coach” uses authorised providers to facilitate the collection and processing of data from her Clients. These providers may be located outside of the European Union. 

 

“Heart Fertility Coach” previously ensured that her providers implement adequate safeguards and compliance with strict conditions in terms of data confidentiality, usage and protection, for example via the American Privacy Shield. 

 

“Heart Fertility Coach” uses the following subcontractors:

20.5.2 Transfer upon requisition or court order

 

Clients also consent to “Heart Fertility Coach” communicating collected data to any person, upon requisition from a government authority or following a court order. 

 

20.5.3 Transfer in the context of a merger or acquisition

 

If “Heart Fertility Coach” is involved in a merger, a sale of assets, a financing operation, a liquidation or bankruptcy or in an acquisition of all or part of her activity by another business, Clients consent to the collected data being transferred by “Heart Fertility Coach” to this business and this business undertaking the processing of personal data referred to in these General terms of service instead of “Heart Fertility Coach”. 

 

In accordance with Article 34 of the French law of 6 January 1978 relating to information technology, computer files and freedom, the Client has right of access, modification, rectification and deletion of personal data concerning him or her. 

 

This right can be exercised by contacting “Heart Fertility Coach” by email at heartfertilitycoach@gmail.com.

 

Information provided by the Client is strictly confidential and is for the exclusive use of the Site that agrees to not share Client data with third parties.

 

Article 21: Applicable law

 

These General Terms of Sale and Use are subject to French law.

 

The French version of these General Terms of Sale and Use is the reference version. This English version of the General Terms of Sale and Use has no other purpose than comprehension for Clients who do not read and understand French. 

 

Article 22: Litigation

 

By order n°2015-1033 from 20 August 2015, any disputes that may arise in the context of the fulfillment of these General Terms of Sale and Use and for which it has not been possible to find a solution previously on an amicable basis between parties should be submitted to Medicys: www.medicys.fr.

 

Furthermore, the Client is informed of the existence of the platform for payment online of disputes, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

 

Any dispute relating to this contract or in relation with the latter will be resolved by arbitration in accordance with the Digital Institute for Arbitration and Mediation: www.fast-arbitre.com

 

Article 23: Cold calling

 

The Client is informed of the possibility of putting his or her name on an opt-out list of cold calling at http://www.bloctel.gouv.fr/ 

 

Article 24: Unfair terms

 

The stipulations in these General Terms of Sale and Use apply subject to the compliance with the mandatory provisions of the Consumer code concerning the unfair terms in contracts concluded between a professional and a consumer.

 

ORDER CANCELLATION PROCEDURE

IN THE EVENT OF DISTANCE SELLING WITH A CLIENT

 

In the event of distance selling, as defined in Article L. 221-1 of the Consumer Code, in the 14 days, bank holidays included, from the day of the order or the purchase obligation, the Client may cancel this agreement by sending an email. If this timeframe would normally expire on a Saturday, Sunday or bank holiday or non-working day, it is extended until the first working day thereafter. 

 

Any contract clause through which the client abandons his or her right to cancel his or her order or purchase obligation is deemed null and void. This article does not apply to contracts concluded in the conditions provided in Article L. 221-2.

 

If you cancel an order, you can use the detachable form below.

 

===============================================================================

 

ORDER CANCELLATION

Consumer Code Art. L. 221-5

 

Conditions:

∗ Complete and sign this form

∗ Send it by email

∗ Use the email address in Article 1

∗ Send it on the 14th day at the latest from the day of the order, or, if this timeframe would normally expire on a Saturday, Sunday or bank holiday or non-working day, the first working day thereafter.

 

I, the undersigned, hereby declare the cancellation of the order below:

 

∗ Nature of the goods or service ordered: ...................................................................................................

 

∗ Date of order :............................

 

∗ Date order received: ..............................

 

∗ Name of client: ...........................................................

 

∗ Address of client: ........................................................................................................................................

 

Signature of client: