General Conditions of Use
Welcome to the Vivamea e-Magazine. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site.
Statement of mutual understanding for the Vivamea e-magazine and its self-managed life coaching process.
Vivamea offers a proactive work-self-health/well-being program to help you take proactive charge of your health/well-being, and your personal, private and professional life in order to live your life more fully.
You are voluntarily entering into an online relationship with Vivamea.com SA, which we hope will be beneficial to you. We want this to be a rich and rewarding experience that will enhance your work-self-health/well-being relationships and patterns. The following paragraphs outline how we intend to proceed.
Vivamea coaches and experts do not practice online medicine or therapy.
When work-self-health/wellbeing issues fall outside certain well-defined parameters, our experts and coaches will not answer your question but simply recommend you to contact a trained healthcare professionals or therapists and address the question directly to them.
Medical Disclaimer
The instructions and advice presented on this web site/self-managed life coaching process are in no way intended as medical advice or as a substitute for medical counselling. If needed, consult your physician before beginning following any of the information or instructions given on this web site or part of the self-managed life coaching process. Those of you on follow a treatment plan should proceed only under a doctor’s supervision. As with any health or well-being plan the Vivamea e-magazine or self-managed life coaching approach should not be used by patients followed by a physician or by pregnant or nursing women with out an acceptance from their physician.
We agree to a no-fault conclusion of this coaching relationship and program. We also agree that you are responsible for your own choices and actions throughout the program and that the coach is not responsible for your interpretations of the advice and recommendations proffered.
By starting this program you have understood and agree with the above statements and agree on the General Conditions of Use policies for this e-magazine and self-managed life coaching process.
General
Definitions
Acceptance of the present general conditions
Newsletter Service
Expert Corner & Blogs
Special obligations of the User
Data protection
Cookies
Intellectual property
Disclaimer
Force majeure
Modification and withdrawal of www.vivamea.com
Miscellaneous
Applicable law and jurisdiction
1. General
The present General Conditions of Use (hereafter: GCU) govern the conditions of use applicable to the website www.vivamea.com. The entire website is hereafter referred to as www.vivamea.com, published by Vivamea.com SA, PSE-C. 1015 Lausanne, Switzerland (hereafter referred to as the Publisher) and powered by Edipresse Publications SA.
The GCU apply to all the products commercialised and services provided by the Publisher, whether they are bought individually or on subscription. The GCU apply to both the free access areas and the paid access areas.
2. Definitions
Blog: A website enabling the simple publication of text and multimedia content, as well as the writing of comments, with distribution on the Internet.
Content: Any information, data, text, programme, music, audio, photography, image, graphics, video, message or all other existing or future content.
Newsletter: A communication service that takes up the editorial headlines monthly and which is sent by email.
User (s): Any person who or legal entity that consults www.vivamea.com and /or subscribes online in order to use of one of the services offered or participate in an event operation.
Free area: part of the site that can be accessed freely and without subscription.
Paid area: part of the site that can only be accessed using a login and a password obtained after registering for individual or group subscription. It also includes value-added service areas.
3. Acceptance of the present general conditions
The consultation of www.vivamea.com and /or subscription for use of one of the business services offered or participation in an event operation implies full and unreserved acceptance of the present general conditions. The advices and recommendations given in the articles, self-coaching library, tip&tools or webinars are executed unreserved of the subscriber’s own responsibilities.
4. Newsletter Service
When he or she subscribes to the paid area of www.vivamea.com, the User can subscribe to the Newsletter Service, which enables him/her to receive information by email.
When he/she subscribes to the paid area of www.vivamea.com, the User can access website services, which are mainly developed in the Expert Corners. In these Expert Corners, which are very distinct areas of the website, the User can access Blogs, allowing him/her to consult the multimedia content featured on them and to write comments that must comply with current Swiss law, the present GCU, good morals and public order. Any comment that the Publisher considers does not comply may be deleted at the Publisher’s discretion without prior notice or liability.
6. Conditions of payment
6.1 Rates
Most of the services offered by the Publisher are paid. The rates are indicated in Swiss Francs. The User accepts to pay the rates and relating costs in full, including taxes; no right of return is granted. The services are always invoiced on the basis of the rates in force at the time of registration of the order. The Publisher reserves the right to change the rates at any time. For products offered for sale on www.vivamea.com, the Publisher refers to the General Conditions of Sale of the online services.
6.2 Payment
Payment may only be made by credit card. Only the following credit cards are accepted: Eurocard / Mastercard and Visa.
6.3 Secure payments and proof
www.vivamea.com has a secure system by virtue of the adoption of an SSL encoding process. All the scrambling and encoding processes set up aim to provide optimal protection to all sensitive data relating to methods of payment. The data registered by www.vivamea.com constitutes proof of all transactions concluded between any User and the Publisher. The data registered by the system of payment constitutes proof of financial transactions.
7. Special obligations of the User
The User commits him/herself to using Content obtained during use of www.vivamea.com for lawful purposes only, in the respect of current Swiss legislation and the present GCU. The User will be held responsible in case of contrary use.
8. Data protection
8.1 General principle
With the exception of any provision contrary to the present GCU, the Publisher acknowledges the confidentiality of the information that the User communicates at the time of subscription to one of the services offered and /or the participation in an event operation and commits to not disclosing this information to a third party. This information consists of surname, first name and email or more precise details, according to the service or operation to which the User subscribes.
8.2 Right of access to, correction and removal of personal data
The user has the right of access to, correction and removal of personal data concerning him /her. To exercise these rights, the User accesses the administration of his/her user account directly on www.vivamea.com.
8.3 Use of data
The Publisher reserves the right to disclose general demographical statistics and information relating to Users. This information is presented in a general way, notably to its founding partners. The Publisher reserves the right to use the data for advertising purposes in order to send the User business offers relating to www.vivamea.com or to one of the print or online publications of the Edipresse group in Switzerland, to which the Publisher belongs.
9. Cookies
The Publisher reserves the right to set a cookie during consultation of www.vivamea.com or one of its services, with the aim of registering information relating to navigation on the website without identifying the User. Some functional modules require the activation of cookies. However, the User may refuse this by disabling the relevant option in the parameters of his/her browser.
10. Intellectual property
10.1 Content published by the Publisher
The presentation and each Content item and element, including brands, logos and domain names, featuring on www.vivamea.com, as well as on each of the services offered, are protected by current intellectual property laws and belong to the Publisher or are subject to authorisation for use. Only use for private purposes is permitted, according to Swiss legislation in force. No element composing the aforementioned website or its services may be copied, reproduced, distributed, sold, published, modified, republished, altered, transferred, disseminated or used in any way or on any medium, either fully or in part, without the prior written consent of the Publisher.
10.2 Access to RSS format
The Publisher provides all Users with a web address to access Content in RSS format. This Content published on the Vivamea home page makes it possible to complement incorporated information sources via a RSS feed reader programme. The User may only use RSS feeds in the context of private use. Any commercial or public use is expressly prohibited. Therefore, no element delivered by RSS feeds may be copied, reproduced, disseminated, sold, published, modified, republished, altered, transferred, distributed or used in any way, on any medium, either partially or fully, without the prior written consent of the Publisher.
The Publisher is in no case responsible for any direct or indirect loss, prejudice or damage of any kind resulting from an interruption or malfunction of www.vivamea.com or of any of the services offered, notably in case of breakdown of the server, virus attacks, pirating or other computing problem having engendered a partial or definitive interruption. The Publisher does not guarantee that the functions contained in www.vivamea.com or any of the services offered meet the requirements of Users or that the functioning is uninterrupted, fast, secure, fully compatible with the equipment systems and programmes of the User, has no errors or is devoid of any programme or code aiming to contaminate other programmes. In case of defectiveness of www.vivamea.com or of one of its services, the User pays all costs of maintenance, repair or correction of his/her own equipment and programmes. The Publisher is not responsible for the content of websites accessible through advertising banners that may be displayed, or for any external content provided, directly or indirectly, by other websites. No other explicit or implicit guarantee is provided.
12. Force majeure
Neither the Publisher nor any third party participating in the provision of services is held responsible in case of failure or delay in the execution of their obligations according to the present GCU, resulting from causes independent of their will, including, and without any limitation, cases of force majeure, such as acts by civil or military authorities, fire, flooding, earthquakes, rioting, wars, acts of sabotage, network failure, computer file encoding errors, programme limits or inability to obtain telecommunication services or measures taken by the government.
13. Modification and withdrawal of www.vivamea.com or one of the services offered
The Publisher reserves the right to change, interrupt or stop definitively one, several or all of the services of www.vivamea.com.
14. Miscellaneous
The Publisher may modify the present GCU at any time. It is up to the User to check the GCU in force regularly. Any clause of the present GCU that may be in total or partial contradiction with mandatory regulations will be separable and any nullity - either total or partial - of a clause will not affect the validity of the rest of the clause in question or the other clauses of the present GCU. The present GCU represent the entire agreement made between the User and the Publisher.
15. Applicable law and jurisdiction
15.1 Applicable law
In case of dispute, the GCU in force are governed by Swiss law, to the exclusion of all other legislation.
15.2 Jurisdiction
The User accepts that the place of jurisdiction will be in Lausanne (VD), Switzerland.