Terms and conditions
TERMS OF SERVICE
This website “the site” is published by TOMATIS DEVELOPPEMENT Société Anonyme with a capital of 266 800 Euros which ensures the direction of the publication.
Address:
TOMATIS DEVELOPPEMENT SA,
76 Avenue de la liberté,
L-1930 Luxembourg
Email; privacy@tomatis.com,
Telephone: 00 352 26 27 20
RC Luxembourg: B 76 636
VAT No. LU 183 893 19
Website Hosting
The website and the domain name are hosted by the company OVH (http://www.ovh.com) OVH SAS with a capital of 500 000 euros – RCS Roubaix Tourcoing 42476141900011 Head office: 141 Quai du Sartel – 59100 Roubaix – France.
Personal Data
The processing of Personal Data is managed according to our general statement on the treatment of Privacy Cookies.
Cookies
The management of cookies is defined according to the terms defined in our cookie management policy.
Statement regarding the Tomatis® Method
The Tomatis® Method is a pedagogical method that cannot be considered either as a medical treatment or as a means to make a diagnosis. The Tomatis® Method has not been approved by the medical authorities such as the FDA in the United States.
General content
The content published on this website is purely informative. In no case may this content be considered as medical advice or means to replace it. The information provided regarding the application of the Tomatis® Method does not contractually bind the publisher.
The specific content of the tedlight.tomatis.com Sub domain
The tedlight.tomatis.com sub domain gives you secure access through a login and a password with the goal to provide educational tests online. These tests have no scientific character and cannot be a means of making a diagnosis. They are not intended to prove the effectiveness of a treatment in any way. Members who have a secure access to the platform through their account are responsible for the data they collect. They must keep their password confidential.
Content provided by third parties
The website maintains an online directory. The directory is updated directly by the members who have access to their files via the member access of the site. The publisher is in no way responsible for the content published by each member on their own profile via their member’s access.
References to third-party sites
Hypertext links to other sites from this site cannot, in any case, engage the responsibility of TOMATIS DEVELOPPEMENT S.A.
Location data
When you visit this website, data relating to your geographical location is processed in order to define your browsing language preferences, to localize you on the map and possibly to adjust the offers according to your currency and your place of connection. This data is processed according to our general privacy statement.
Copyright
The website content including downloadable files may not be reproduced or distributed without the permission of TOMATIS DEVELOPPEMENT S.A.
Passwords
Your password is personal and should not be shared.
Trademarks
“Tomatis”, “Tomatis” + logo “,”TalksUp®”,”Solisten” “Gating» are registered trademarks of TOMATIS DEVELOPPEMENT S.A or of which TOMATIS DEVELOPMENT S.A. has exclusive use. Their use or modification is strictly prohibited (unless expressly permitted).
TOMATIS DEVELOPMENT S.A. TERMS OF SALE
These are the Terms of Sale (“Terms”) that apply when the purchase of a product and/or service takes place between you and TOMATIS DEVELOPPEMENT S.A., a company headquartered at 76 Avenue de la Liberté, L-1930 Luxembourg.
Sales made by TOMATIS DEVELOPPEMENT S.A. may be governed by particular conditions that depend on the nature of the equipment and/or services offered for sale and the profile of the buyer.
Please read the Terms of Sale carefully. By ordering and purchasing a product and/or a service, you are agreeing to these Terms. If you do not understand the Terms of Sale or do not accept any part of them, do not purchase products and/or services.
You will find below, the general conditions of sale applicable to the products and/or services offered via the website.
TRAINING
The training courses issuing a Tomatis® certification are offered to professionals in the Health and/or Educational industry. Professionals are subject to acceptance of their profile by TOMATIS DEVELOPPEMENT S.A. to access the training courses.
Each level of training is attainable according to prerequisites and clear objectives (qualifications, career paths, number of years of experience, and results achieved on internal tests) by TOMATIS DEVELOPPEMENT S.A. The nature of the project offered by the professional is also carefully studied. TOMATIS DEVELOPPEMENT S.A. reserves the right to refuse access to the initial training or to a higher level of training to any professional which it considers the profile or the practice unqualified.
If TOMATIS DEVELOPPEMENT S.A. cancels a training session, the registration fee paid by the trainee will be fully reimbursed but no other expenses will be covered by TOMATIS DEVELOPPEMENT S.A. When a trainee cancels his registration at least 30 days before the training date, the training fee will be reimbursed to the trainee. Beyond 30 days, the registration fee will not be refunded. The fee can be used for a later training registration upon acceptance by TOMATIS DEVELOPPEMENT S.A.
PROFESSIONAL EQUIPMENT.
Access to the professional equipment: The equipment such as the TalksUp®, and its accessories, as well as the Tomatis Listening Test System (TLTS®), can only be sold to professionals who have followed the required training courses offered by TOMATIS DEVELOPPEMENT S.A. and who have an up-to-date license agreement.
Pricing: The prices displayed on the sites and the brochures are non-contractual and given as means of information. They do not include shipping costs, customs duties, and exchange fees. These prices may vary depending on your geographical region and your currency.
Transfer of ownership of the hardware equipment: The transfer of ownership of the hardware equipment, that is to say, the non-software equipment, is effective only after the full payment of the price given in the quote, even in the case of payment by installments.
The Right to use the software: The ownership of the Software, including the music and the programs, is not transferred to the buyer. The buyer will be able to use the software during the term of his license agreement.
Payment in several installments via the “TU EASY” service: In the event of payment in several installments, TOMATIS DEVELOPPEMENT S.A. will immediately debit the initial amount from your account, followed by monthly payments, at any time from the scheduled date. The payment in installments will be automatically deducted from the purchaser’s debit and/or credit card through a secure payment system such as Stripe or Cetrel. If for any reason, a payment is rejected, the direct debiting system will make 2 new collection attempts within 2 days. If the rejection is confirmed despite these two attempts, the buyer will have 48 hours to provide the details of another debit and/or credit card. In the event that the buyer does not provide a valid debit and/or credit card or if the new debit and/or credit card is rejected for any reason, the seller may either request the payment of the balance in full or ask the buyer to return his device within 48 hours at their own expense. In this scenario, the seller will keep the payments already made as penalties and compensation. If the device is returned but is not in good condition, the seller may request the payment of all remaining contractually agreed upon payments.
Resale: The seller is invited to contact TOMATIS DEVELOPPEMENT S.A. before any sale. The buyer is free to sell his equipment to a professional under a license agreement with TOMATIS DEVELOPPEMENT S.A. However, the software is subject to a license agreement and can only be reactivated after the profile’s acceptance by TOMATIS DEVELOPPEMENT S.A.
Remote Technical Assistance: TOMATIS DEVELOPPEMENT S.A. is very serious about helping its Licensees to solve any technical difficulties they may encounter when using the equipment. The company provides a free first level of remote assistance throughout the duration of the License Agreement in order to resolve any hardware equipment operating issues. Most of the difficulties are related to handling errors. Licensees must carefully read the available technical materials in their member access. Support costs may be charged if the licensees request assistance without having read the appropriate documentation.
Warranty: Unless expressly stated otherwise, all equipment such as the Talks Up®, the TLTS and all accessories sold by TOMATIS DEVELOPPEMENT S.A. are under warranty for one year from the date of delivery, with the exception of the connectors/cables. This warranty shall cover all apparent or hidden defects detected in the mechanical and electronic components. Any request for warranty support must be made in writing following the instructions provided by TOMATIS DEVELOPPEMENT S.A. before sending the equipment.
The customer must fill out the given form and must specifically explain the nature of the problem. Once agreed upon by TOMATIS DEVELOPPEMENT S.A., the customer is invited to follow the return procedure which will be communicated according to his/her location Throughout the warranty time frame, covered repairs (parts and labor) and shipping costs are the responsibility of TOMATIS DEVELOPPEMENTS.A. Any equipment with defects will be exchanged within 15 working days (excluding delivery time). Upon receipt of the equipment by TOMATIS DEVELOPPEMENT S.A. If no malfunction within the scope of the warranty is found, the purchaser agrees to pay the shipping costs incurred by TOMATIS DEVELOPPEMENT S.A. The rules for out-of-warranty repairs apply in this scenario.
Warranty Limit & Exclusion: The screens are guaranteed 0 missing pixels the first month, then 0.3% missing pixels in the next 11 months. The battery is guaranteed without defects from the day of delivery and for one month. However, as the battery wears out with time, its capacity can exponentially decrease depending on the frequency of usage. It is therefore recommended that the purchaser complies with the instructions of use. The chargers are standard parts, in the event of a failure, it is up to the customer, upon an agreement with TOMATIS DEVELOPPEMENT S.A., to obtain a new one through a local store and to return the defective part to TOMATIS DEVELOPPEMENT S.A., and send the invoice of the new part to be reimbursed.
The warranty does not cover defects due to improper handling of the equipment such as damage caused by shock, liquid poured onto the device, a surge, an under voltage, a temperature below -10° Celsius, or a temperature exceeding 40° Celsius, the transfer of files not authorized by the USB port or SD card, and an uninterrupted charge for several days. It is up to the professional purchaser to make sure that the use of the equipment by its clients is done appropriately. They are also invited to subscribe to a professional insurance to cover potential damages.
Shocks related to the return of the equipment are not covered. It is the customer’s responsibility to ensure that the returned equipment is properly packaged and protected.
Any repairs made without a previous agreement by TOMATIS DEVELOPPEMENT S.A., in particular by a third person, cancels the conditions of responsibility covered by the warranty. If the labels showing the serial numbers on the back of the equipment are removed and the box has been opened, the warranty will be annulled and no coverage will be given.
USE OF THE EQUIPMENT: THE EQUIPMENT AND SERVICES OFFERED BY TOMATIS DEVELOPMENT S.A. ARE EDUCATIONAL TOOLS. THEY ARE NOT MEANT FOR THE TREATMENT OF A KNOWN DISEASE, NOR ARE THEY MEANS TO FORMULATE A DIAGNOSIS FOR ANY MEDICAL OR PSYCHOLOGICAL DISORDER, NOR IS IT A THERAPEUTIC OR MEDICAL DEVICE. TOMATIS DEVELOPMENT S.A. DOES NOT GUARANTEE ANY RESULTS FROM THE USE OF ITS PRODUCTS AND SERVICES. TOMATIS DEVELOPMENT S.A. EXPRESSLY DECLINES ALL GUARRANTEES AS TO THEIR USE, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED GUARANTEES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. THE CUSTOMER IS SOLELY RESPONSIBLE FOR THE USE OF ITS EQUIPMENT AND THE APPLICATION OF THE LICENSED EQUIPMENT. TOMATIS DEVELOPPEMENT S.A. WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM ANY USE OF THE DEVICE BY THE PURCHASER OR LICENSED ASSETS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
TERMS OF PAYMENT BY DEBIT OR CREDIT CARD
You can pay your order online by using the following link: https://payment.tomatis.com/
Your online debit and/or credit card payments are made through financial companies such as STRIPE or PayPal, they guarantee optimal security of your banking information. We do not have access to this information although we may charge your debit and/or credit card at any other time with your prior agreement.
You can also call us to pay over the phone. We will enter your bank information via a service called CETREL, we will keep your debit and/or credit card information in a safe place, not connected to the internet, and will get rid of it within 15 days after your payment.
POSSIBLE FEES
Currency exchange and Bank fees – You are informed that TOMATIS DEVELOPPEMENT S.A. is a company registered in Luxembourg, Belgium and that payments are made in the country of the seller. The amount you will be charged is the price shown on the quote. You will pay in the currency indicated on the quote. If you pay using a bank account or a debit and/or credit card that does not have liquidity in the currency indicated, you may have to pay an overdraft fee requested by your bank. You agree to pay these costs without being reimbursed by TOMATIS DEVELOPPEMENT S.A. In addition, your bank may also charge you for payments abroad. You agree to pay for these costs without being reimbursed by TOMATIS DEVELOPPEMENT S.A. We invite you to contact your bank to know the amounts and conditions.
Customs Duty and Local Taxes – Customs duty and local taxes can be claimed by local authorities depending on the country you live in. Our payment procedure cannot anticipate or give you the possible amount of the customs duty and/or local taxes. You agree to pay the customs duty and/or local taxes without the possibility of being reimbursed by TOMATIS DEVELOPPEMENT S.A.
ONLINE CONTENT
Some content and tools are available online for free or paid to by the buyer. This is the case for the member’s access, access to the eLearning and the online test platforms. Access to the content and tools is personal, it is strictly forbidden to share your ID and password to third parties.
LICENSE AGREEMENT
The TalksUp® equipment is sold for the application of the TOMATIS® Method and is subject to licensing. We invite you to contact us to know the terms.
LAW AND JURISDICTION IN FORCE
Our general conditions of sale are subject to the law in Luxembourg. In the case of a dispute, the competent court is the court of the Grand Duchy of Luxembourg.
GENERAL CONDITIONS OF SALE ON THE WEBSITE
The following are the terms and conditions of sale in force between you and SOUND OF LIFE LTD., Whose registered office is located at Unit 507, 5 / F, Chinachem Golden Plaza, 77 Mody Rd, Tsim Sha Tsui East, Kowloon, Hong Kong, China when you subscribe to the eLearning platform at https://tomatis.academy
Please read the Terms of sale carefully. By ordering or purchasing an eLearning access, you are agreeing to these Terms of sale. If you do not understand the Terms of sale or do not accept any part of them, do not place an order to have access to the eLearning platform.
Ordering process
When you place an order, you authorize SOUND FOR LIFE LTD to charge your debit card and/or credit card or any other payment method in the total amount of your order that appears before validating your payment.
Payment security
The payment with your debit and/or credit card is provided by the service STRIPE which guarantees optimal security of your banking Personal Data. We do not have access to this information although we may charge your debit and/or credit card at any other time with your prior agreement.
Prices and associated costs
– You are informed that SOUND FOR LIFE LTD is a company registered in Hong Kong, China and that payments are made in the country of the seller. The amount you will be charged is the price shown on the ordering page. You will pay in the currency indicated on the ordering page. If you pay using a bank account or a debit and/or credit card that does not have liquidity in the currency indicated, you may have to pay an overdraft fee requested by your bank. You agree to pay these costs without being reimbursed by SOUND FOR LIFE LTD. In addition, your bank may also charge you for payments abroad. You agree to pay for these costs without being reimbursed by SOUND FOR LIFE LTD. We invite you to contact your bank to know the amounts and conditions.
Restrictions
You must be an adult in order to buy and have access to the e-Learning platform.
SOUND FOR LIFE LTD reserves the right to refuse your order. For example, if you live in a country where access to the site may not be ensured.
The e-Learning platform provides in advance a specific and defined path to assist you in your learning. Some content is therefore locked as long as you have not validated the required steps.
Procedure
When SOUND FOR LIFE LTD receives your order, you will get an automatic email with all the details of your order and a second email with information about your access.
Educational content
The eLearning platform provides video, audio, and animation content in the form of a course. This course includes at least 4 modules divided into several chapters.
The content is purely educational and fun. It is not therapeutic or medical advice and in no way will substitute medical or therapeutic advice.
Non certification
The e-Learning platform does not provide any certification recognized by a public authority. It also does not guarantee you access to a certified TOMATIS DEVELOPPEMENT S.A. training session as it has its own sets of selection criteria.
Refund request
Once you pay, you will not be able to withdraw your purchase and will have immediate access to the eLearning content. However, if you have not done more than 1 module and if you make a request for a refund within 7 days of your payment, we will be able to refund and credit your debit and/or credit card and/or Bank account.
If you have enrolled in a Level 1 Tomatis training course and your profile has been accepted by TOMATIS DEVELOPMENT S.A., you may request to have the price of your eLearning purchase deducted from your Level 1 training registration. Please note that once you have completed the Level 1 Tomatis training course, you cannot claim the refund.
Limited access
Following the purchase of the e-Learning and for 2 years, we will ensure your access to the platform and to the content originally purchased. Some additional free or paid content may be added at any time.
Integrity, data processing probity and incident
The eLearning platform works thanks to MOODLE LMS to which we cannot guarantee 100% accessibility at any time and across all devices. We work very diligently at all times to ensure the correct functioning of the platform.
The content of the eLearning platform is likely to have minor operating bugs. We make regular updates to fix bugs.
Technical assistance
If you encounter any technical issues, you can contact info@tomatis.academy
Original and protected content
Access to the platform is secured through an individual password. Keep your password confidential. The contents available on the platform are protected by copyright laws, their total or partial use is not allowed. By providing your access to a third party, you may infringe copyright laws.
Specific treatment of cookies and your Personal Data.
Once logged onto the eLearning platform, we track your progress, the date, and duration of the connection, and the results of your tests. This information may be cross-checked with Personal Data processed in accordance with our privacy policy. This information allows us to:
– Provide a customized path.
– Improve our platform by comparing your course with the results of your tests.
Law and Jurisdiction in force
Our conditions of sale are subject to the laws of Hong Kong, China. In the case of a dispute and/or conflict, the competent court is the Hong Kong court.
If you have any questions you can contact us by email at info@tomatis.academy
