Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS TO THE COACHING MEMBERSHIP SUBSCRIPTION.
- Scope of Agreement
If you purchase a subscription coaching plan, your use of coaching services (including but not limited to one on one phone sessions, emails, methods, therapy and/or texts) provided by Jean FEBUS office and your use of and/or access to the jeanfebus.com website and your use of and/or access to the Jean FEBUS mobile app both of which are owned or operated by Jean Febus or its affiliates (collectively, "jeanfebus.com,") and together with the Service Provider and Jean FEBUS including any portions thereof available only to subscribers. Communications concerning the Offerings should be sent to Jean FEBUS 54 rue Mouraud 75020 Paris, France.
In addition to the applicable terms set forth herein, please note that (i)access to any Live events shall be subject to additional terms and conditions which may be made available to you by the Service Provider, your use of Coaching may be subject to additional terms and conditions that will be made available on the Website, and your use of the Website and Apps will also be subject to your agreement to terms and conditions provided on the Website and Apps (the "Terms and Conditions"),
- Binding Agreement
We reserve the right, in our sole discretion, to change, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes – you may find it through the "Terms of service" link at the bottom of each page on our Website or in the Menu of the Apps. By using the Website, Apps or any of the Offerings, including after any changes are posted to this Agreement or you are otherwise notified of such changes, you agree to this Agreement and accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use or access the Offerings, Website, or Apps and you should cancel your coaching subscription.
- Your Subscription
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and Apps and the material provided thereon and through your Offerings, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a subscriber. You agree to be financially responsible for your subscription.
We reserve the right to cancel or terminate your use of and access to the Offerings, the Website (or any part thereof) and/or Apps without prior notice, including if you do not comply with this Agreement at any time. In our sole discretion and without prior notice or liability, we may discontinue or modify any aspect of the Offerings or the Website and/or Apps, including, but not limited to, (i) restricting the time the Offerings, the Website and/or Apps are available, (ii) restricting the amount of use and/or access permitted, and (iii) restricting or terminating anyone's right to use and/or access the Offerings, the Website and/or Apps. Further, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to or use of the Febus: Offerings, therapies, energy exercices and sessions, the Website and/or Apps, except for a refund of any prepaid fees or charges in accordance with Section 6 of this Agreement.
- Charges and Fees
As a subscriber, you are charged by your Service Provider a monthly (or other periodic) fee and initial fixed or registration fee, if applicable at the time, as set forth on the Website. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), such fees, applicable taxes, and other charges and fees incurred in order to use or access your subscription and shipping. We reserve the right to increase fees, or to institute new fees at any time, upon advance notice communicated to you through a posting on the Website, in the Apps, or such other means as we may deem appropriate. In addition to the fees we charge you, you are responsible for all charges and fees associated with signing up for and using your subscription, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access or use the Offerings, the Website and/or Apps. After your payment for your initial billing period, we will automatically monthly charge your credit card (or other account, if applicable) for a minimum of 6 months, up to 15 days prior to the start of each renewal period, unless you have cancelled your subscription before you are charged for the relevant renewal period. The renewal charge will be the same as the prior period's charge, unless we notify you at the time of sign-up or prior to the beginning of the renewal period as described above, or if you were previously signed up for a discount rate for which you are no longer eligible or a savings plan -- in which case your subscription will automatically be renewed at our standard subscription rates and for our standard period (monthly). If we offer you the choice to purchase another available plan, and you wish to purchase such a plan, you must notify us before you are charged for the next subscription period (usually about 15 days before the expiration of your current plan). Each time you attend to participate in Coaching or log onto the Website and/or Apps you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your subscription.
You agree to provide us with true, accurate and complete information as required by the sign-up process ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your subscription, and if applicable, your user account, and refuse any and all current or future use and/or access by you of the Offerings, the Website and/or Apps (or any portion thereof).
- Cancellation of Subscription
You can cancel your subscription ONLY AFTER 6 MONTHS after initial subscription period by contacting Customer Service by email at email@example.com or by post. We will attempt to process all cancellation requests promptly, provided that you send your request via the acceptable methods.
If you finish your subscription before the initial period of 6 months you have to pay 120 dollars or euro (depend of your location) for the 12 energy medals you used before you can terminate your subscription.
From time to time, we may have special, discounted long term commitment plans with a predetermined early termination fees in lieu of our standard cancellation policy. If you subscribe to such a plan and you decide to cancel at any time prior to the end of the commitment plan period, you will be charged the pre-determined early termination fee as specified in the plan offer terms.
We may allow you to cancel your subscription with respect to the Coaching plans and/or the Website and Apps portions of your subscription. In that case, this Agreement (and the Website and Apps Terms and Conditions as applicable) would continue to apply to your access provided by your Service Provider, Coaching and/or to the Website and Apps, to the extent that such access continues as part of your subscription.
Our fees, including the full monthly fee for any month (or portion thereof) elapsed (regardless of whether you attended and participated in Coaching or logged onto the Website or Apps during that month), and any sign-up or registration fee, are nonrefundable except as set forth below:
(1) If you subscribe to a prepaid savings plan and you decide to cancel during the period for which you have prepaid, we will refund you the difference (if any) if the amount you paid is greater than the amount you would have paid for the months elapsed if you were subject to our standard pricing in effect during such time and not subject to a savings plan.
(2) Depending on when we receive your notice of cancellation, it is possible that we may have already charged you for your next subscription period. In that case, we will refund you the full amount for that next subscription period as long as you return to us, any material we send you that provides you with access to the books and tools for that next period and do not access any of the Offerings or the Website and/or Apps during that next period.
(3) If you are canceling your subscription within 5 days (or such other period as required by law) of your initial purchase, we will refund the full amount of such initial purchase.
(4) If your subscription is cancelled due to your failure to satisfy limitations we set based on demographic, geographic, health or other similar criteria, or due to your death, disability, or relocation prior to the end of a period for which you have incurred a charge, then, with the exception of any fixed upfront fee we may have charged, we will refund any unused portion of such period. In addition, in certain states you may have additional rights with respect to cancellation, as set forth in Section 14 below. Notwithstanding Section 14, you may always cancel using any of the methods, and for any of the reasons by email to firstname.lastname@example.org.
(5) If we terminate your subscription (as opposed to you canceling your subscription), other than due to your violation of this Agreement, prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee, we will refund any unused portion of such period on a pro rata basis.
(6) If you cancel your subscription and are entitled to a full refund, we reserve the right to charge a fee to cover the cost to us of any administrative or tools or material or other services you may have used prior to your cancellation, to the extent permitted by law.
- Privacy We are committed to protecting your privacy and security
We are committed to protecting your security. Please note, coaching sessions conducted over the telephone will be recorded for quality assurance purposes.
- Availability of Monthly Subscription
The availability and use of your subscription may be limited based on demographic, geographic, health or other criteria we may establish from time to time. You understand and agree we may disallow you from subscribing or may terminate your subscription at any time based on these criteria. For example, pregnant women and individuals under the age of 18 may not subscribe. As a subscriber, you represent that you are a United States citizen or resident with a valid United States mailing address or from any other countries. We may limit the availability of Coaching to individuals currently attending Meetings in participating areas or participating locations.
- Disclaimer of Warranty
PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM JEAN FEBUS PERSONNEL SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM (A) ACCESS TO, OR THE INABILITY TO ACCESS, THE OFFERINGS, WEBSITE AND/OR APPS; (B) THE USE OF ANY PRINTED MATERIAL; OR (C) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR DATA. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR YOUR SUBSCRIPTION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF YOUR SUBSCRIPTION, ANY PROVISION OF THIS AGREEMENT, OR ANY PRACTICE OR POLICY OF OURS (INCLUDING WITHOUT LIMITATION ANY CHANGE IN CONTENT, OR IN THE AMOUNT OR TYPE OF FEES ASSOCIATED WITH YOUR SUBSCRIPTION), YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF YOUR SUBSCRIPTION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend us and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of any Jean FEBUS products or services (including, without limitation, monthly Coaching Plan and Guides and books, the Website and/or Apps, as applicable), your violation of this Agreement, or the infringement or use by you or any other user of your account, of any intellectual property or other right of any person or entity.
- Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the Paris, France, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in Paris France and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
- Miscellaneous Terms
In any action against us arising from the use of your subscription, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney's fees. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, as it may be updated from time to time, together with the Website and Apps Terms and Conditions, are the entire agreement between you and Jean FEBUS relating to the subject matter herein. Jean FEBUS may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. You agree that if we do not exercise or enforce any legal right or remedy under this Agreement (or which we would have under any applicable law), that will not be construed as a waiver of our rights.