terms and conditions
GENERAL NOTE:
Full name of legal entity: Emilie Cousteau, CEO of Croquembouche SAS and owner of @ChicFrenchLiving
Email address: ec@emiliecousteau.fr
Postal address: 30, rue de Lille, 75007 Paris France
VAT Registration Number: FR84 881126684
Terms and Conditions ("Terms")
Last updated: 26 January 2023
1. General
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.emiliecousteau.fr website (the "Service") operated by Emilie Cousteau ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms, Disclaimers, Privacy Policy and Cookie Policy. These Terms apply to all visitors, users and others who access or use the Service. Please click on the link to read our Privacy Policy or scroll down to read it. By visiting this website, you agree to all our terms & policies. By accessing or using the Service you agree to be bound by these Terms, Disclaimers and our Privacy Policy as well as Cookie Policy. If you disagree with any part of the terms then you may not access the Service.
2. Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
3. Governing Law
These Terms and the Privacy Policy shall be governed and construed in accordance with the laws of Paris, France, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
4. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
5. Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
6. Copyright Notice
Copyright and other relevant intellectual property rights may exist on some texts relating to the Company’s services and the full content of this website. The Emilie Cousteau and Chic French Living Logos are a trademark of this Company.
7. Security
Emilie Cousteau endeavors to maintain security measures to protect the personal information you have provided to us from any form of unauthorized access, misuse or disclosure. However, there is no way to ensure that the exchange of data over the Internet can be guaranteed as absolutely 100% secure. At Croquembouche SAS we do make every effort to protect the personal information that has been shared with us through our website or opt-in forms, but you nevertheless hereby acknowledge that the personal information you voluntarily share with us through the Emilie Cousteau website could be accessed or tampered with by a third party. You hereby fully agree that we are not responsible for any intercepted information shared through our Emilie Cousteau website or opt-in without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
8. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
9. Disclaimers
The following disclaimers govern your use of the Emilie Cousteau website; by using our website, you accept these disclaimers in full. If you disagree with any of the below featured disclaimers, then please do not use our website.
10. E-mail Disclaimer
E-Mails, which are sent by Emilie Cousteau, are destined exclusively for the addressee. Their content is strictly confidential. The duplication, publication or transmission of the content of such emails is illegal unless explicitly authorized by the sender. Should you not be the designated addressee of such email, you are requested to notify the sender immediately. Emilie Cousteau takes all reasonable precautions to prevent the transmission of computer viruses. However, we cannot be held liable for any damages caused by computer viruses. We therefore kindly ask you to check your emails for viruses before you read them, especially before you open any attachments.
11. Earnings Disclaimer
When addressing financial or earning matters in any of our Sites, videos, social media sites, newsletters, guest posts on other websites, coaching/consulting calls or other content that Emilie Cousteau can provide, we’ve taken every effort to ensure we accurately represent our offering and its ability to improve your business and better your life. However, there is no guarantee that you will get any results or earn any money using any of our suggestions, ideas, tools, strategies or recommendations. Nothing on our Sites is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, income level, or ability to earn revenue in any shape or form. You alone are responsible for your actions and results in life as well as in your business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Sites or through our coaching calls or videos or other content, and we offer no professional legal, medical, psychological or financial advice.
12. No Professional Advice Disclaimer
The information contained in or made available through our sites (including but not limited to information contained on videos, message boards, comments, on coaching/consulting calls, in emails, in text files, or in chats or guest posts on other websites) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor and/or health care provider in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites or Emilie Cousteau services of any kind, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
13. Testimonials Disclaimer
The personal experiences by user comments and testimonials on our website are not a guarantee of what you should expect to experience. Although Emilie Cousteau and/or her affiliates, facilitators, companies and representatives accepts all testimonials in good faith, Emilie Cousteau and/or her affiliates, facilitators, companies and representatives have not independently examined the specific personal results of any of our coaching, retreats, classes, teleclasses and video participants, and therefore has not verified that any specific experiences, improvements, changes or results quoted therein. These results may or may not be typical, and your results or experiences, if any, will vary and there is a risk that you will not make any changes at all, or experience what you believe you should experience. Again, whatever changes in your life that you make as a result of our coaching/consulting, energy healing, online courses, opt-in materials, retreats, teleclasses, webinars and videos is totally up to you based on the factors stated in the Disclaimers above.
14. Website Disclaimer
The information contained in this website is for general information purposes only. The information is provided by Emilie Cousteau and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Furthermore, we do not warrant that any of the functions available on this website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available is free of viruses or bugs or other forms of malware. You hereby fully acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus, malware and other security checks) to ensure your particular requirements and safety. Through the Emilie Cousteau website you are able to link to other websites which are not under the control of Emilie Cousteau. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Emilie Cousteau takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
15. Blog and online courses Disclaimer
The Emilie Cousteau blog and online courses do not represent or endorse the accuracy or reliability of any information's, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, nor the quality of any products, information's or any other material displayed, purchased or obtained by you as a result of an advertisement or any other information's or offer in or in connection with the services herein.
You hereby acknowledge that any reliance upon any materials shall be at your sole risk. The Emilie Cousteau blog and online courses reserve the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service or the materials.
THE SERVICES AND THE MATERIALS ARE PROVIDED BY EMILIE COUSTEAU ON AN "AS IS" BASIS, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL EMILIE COUSTEAU BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHAT'S OVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.
16. Comments on the Emilie Cousteau blog and online courses platforms will be published to the public for all readers of this blog. You have your right to use a nickname and we assure you that your email address will be treated according to our Privacy Policy. Emilie Cousteau welcomes constructive criticism and advice. However, if you are rude, vulgar or hateful in your comment, you will not be entertained, and that comment will be deleted, or message will be ignored.
Emilie Cousteau respects the rights (including the intellectual property rights) of others and we ask our users to do the same. Emilie Cousteau may in appropriate circumstances and in its sole discretion, terminate the accounts of users that infringe or otherwise violate such rights of others.
17. Availability Disclaimer
Redistribution or republication of any part of this site or its content is prohibited (except for the social media sharing options on the Blog Section via the Social Media Plugins), without the express written consent of Emilie Cousteau. Emilie Cousteau does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using any of our services you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Disclaimer of currency, accuracy, or quality. Emilie Cousteau makes absolutely no guarantee as to the currency, accuracy, or quality of information published and/or archived on this Website, nor will the Company accept any responsibility for other organizations, businesses, and private persons that provide information on this web site. All information on this web site regarding products and services provided by Emilie Cousteau are subject to change at any time and without any notice. Reasonable efforts are undertaken to make sure that the accuracy and integrity of all information provided here is correct, but Emilie Cousteau is not responsible for misprints, out-of-date information, or errors. Emilie Cousteau makes no warranty, express or implied, or assumes any legal liability or responsibility for the accuracy or completeness of any information contained on this website www.Emilieoubari.com and its related social media outlets.
18. Liability for Web Links Disclaimer
Our website www.emiliecousteau.com contains links to other websites operated by third parties. At Emilie Cousteau, we have no way of ensuring or knowing if the operators of these third-party websites comply with standing data protection regulations. These are essentially third-party services that are not in our hands and at Croquembouche SAS we therefore expressly disclaim any and all ownership of contents. The respective provide, owner or operator of the pages shall and will always be entirely responsible for the content of linked pages. When you find links on emiliecousteau.fr that are linked to third-party websites, we will always check them initially for possible legal violations but we can and will not be held responsible for any links on our website and any consequences of their use. At the time of linking to them on emiliecousteau.fr, no legal infringements could be found. We will regularly check the contents of the websites we link to regarding any form of legal violations. We will always retract links if and when we become aware of any legal violations and we shall immediately remove the offending links from our website.
19. Financial & Legal Advice Disclaimer
The content of the emiliecousteau.frwebsite and any blog posts, newsletters, autoresponders, guest posts on other websites or posts on social media or online courses by Emilie Cousteau or Croquembouche SAS are provided as general information only and should not be taken as investment advice. Handle your finances with care and always consult with legal and finance professionals before making any financial or investment decisions.
PAYMENT, REFUNDS AND CANCELLATIONS FOR MASTERCLASSES AND PROGRAMMES
1. Online Scheduling
I use a great online scheduling software where you can directly book your meetings with me once you have booked your coaching program.
2. Acuity Scheduling Software
As an additional service to our clients, we use Acuity Scheduling Software. By setting up an appointment through this system, you agree to abide by the Terms and Conditions https://acuityscheduling.com/tos.php and Privacy Policy https://acuityscheduling.com/privacy.php of Acuity Scheduling Software. If you do not wish to use this service or agree with its terms, please contact us for bookings on ec@emiliecousteau.fr.
3. Payment
As a service to our clients we offer credit card payment via Stripe which makes you subject to the Terms and Conditions of Stripe. Emilie Cousteau processes online payment information for each order, but we do not store payment information on our own servers. Your payment information is securely communicated to and processed via our e-commerce provider which is connected to the payment provider Stripe. All personal information collected for an order is exclusively used for the fulfilment of that order and to further manage our customer relationship with you. All standard terms of Stripe use can be found here https://stripe.com/de/terms.
4. Refund Policy
My private sessions, programmes and Masterclasses (online and in-person) come with a “no refund policy” according to provisions of Articles L.221-28 et seq. of the French Consumer Code Refunds on any digitally downloaded products including but not limited to; workbooks, templates, scripts, and spreadsheets. I however understand that emergencies happen and will consider refunds on online courses on a case-by-case basis. Requests must be submitted in writing to ec@emiliecousteau.fr Students must have completed their course(s) and demonstrate how the course(s) was not satisfactory.
I also reserve the right to cancel the session or class ahead of time if an emergency comes up.
Please read our privacy policy here.