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Terms of Use

Terms of Use

PRIVACY POLICY

What kind of Personal Data do we collect?
How do we collect your Personal Data?
What do we do with your information?
Who do we communicate your Personal Data with and for what reason?
Third party Sites / Third party service providers
Third party advertising service providers
What are your rights regarding the processing of your Personal Data, how can you exercise them and how can you contact us?
How long do we keep your Personal Data?
What transfer of Personal Data do we make outside of the European Union?
Applicable Law
COOKIES MANAGEMENT POLICY
TERMS OF SERVICE
Website Hosting
Personal Data
Cookies
Statement regarding the Tomatis® Method
General content
The specific content of the tedlight.tomatis.com Sub domain
Content provided by third parties
References to third-party sites
Location data
Copyright
Passwords
Trademarks
TOMATIS DEVELOPMENT S.A. TERMS OF SALE
TRAINING
PROFESSIONAL EQUIPMENT
TERMS OF PAYMENT BY DEBIT OR CREDIT CARD
POSSIBLE FEES
ONLINE CONTENT
LICENSE AGREEMENT
LAW AND JURISDICTION IN FORCE
GENERAL CONDITIONS OF SALE ON THE WEBSITE
Ordering process
Payment security
Prices and associated costs
Restrictions
Procedure
Educational content
Non certification
Refund request
Integrity, data processing probity and incident
Technical assistance
Specific treatment of cookies and your Personal Data
Law and Jurisdiction in force

PRIVACY POLICY



This Privacy Policy (hereafter the “Privacy Policy”) explains how the company uses and protects any of the information you provide when using our websites, online and/or offline forms, applications, and social media.

- The websites dedicated to the brand, products, and services of TOMATIS DEVELOPPEMENT S.A. (hereafter the “Website”),

- The applications related to the brand, products, and services of TOMATIS DEVELOPPEMENT S.A. (hereafter the “Applications”),

- The social media pages related to the brand, products, and services of TOMATIS DEVELOPPEMENT S.A. (hereafter the “Social Media”)

- The forms related to the brand products, and services of TOMATIS DEVELOPPEMENT S.A. (hereafter the “forms”)

- e-mails related to the brand, products, and services of TOMATIS DEVELOPPEMENT S.A. (hereafter “e-mails”)

Websites, applications and social media, forms and emails are hereafter collectively referred to as “Sites”.

“Personal Data” means any information relating to an identified or identifiable individual (as defined by the General Data Protection Regulation). TOMATIS DEVELOPPEMENT S.A. headquarters are located at 76 avenue de la Liberté, L 1930 Luxembourg. It is responsible for the processing of your Personal Data (within the European Union Regulation (EU) 2016/679 of the European Parliament and the Council of April 27th, 2016, regarding the protection of individuals, the processing of their Personal Data and the free movement of such data, repealing the 95/46/EC Directive, hereafter referred to as the “General Data Protection Regulation”), and in charge of the processing of your Personal Data through the website (hereafter referred to as “we”, “us” and “our”).

You may view this Privacy Policy by clicking on the link called “Privacy Policy” or “Legal Notice” located at the bottom of each websites’ home page. We invite you to please read this Privacy Policy carefully.

This Privacy Policy applies to all users of our sites, whether registered or not.

What kind of Personal Data do we collect?

We collect and process personal information whether you are a registered user or not. It can be all or part of the data listed below:

- Title
- Last name
- First name
- Gender
- Date of Birth
- Address
- Phone number (including landline and mobile numbers)
- Email
- Data Location
- Areas of interest
- Profession
- Area of intervention
- Number of years of experience
- Browser data or device: IP address
- Applications usage data
- Data collected about the browsing interest and time spent visiting our sites (e.g., date and time of activity on the website, number of visits and links clicked on)
- Areas of interest checked in the forms
- Type of professional disciplines checked on the site
- Description of your professional project
- Information entered in the comments section of the forms
- Your bank details (via a secure payment page)
- Your business address
- Your photos posted on our directories or collected during our events
- The detailed presentation of your profile on our directories
- The content created by the user on social media, that you gave authorization to share such as photos, texts, videos, symbols, hashtags, recordings that you share on social media
- Your language preferences (language used for browsing, spoken languages)

If you have not completed any forms, this information will be treated anonymously. If you have identified yourself through a form, all this information can be collected from your profile in our database.

We ask that you do not send us or provide us with any sensitive Information on the website or through third parties.

“Sensitive Information” refers to Personal Data relating to sensitive aspects, such as:

- Racial or ethnic origin,
- Political opinions,
- Religious or other beliefs,
- State of your health and medical conditions,
- Criminal history,
- Trade union memberships,
- Sexual orientation.

Specific cases related to subdomains – Once you are authenticated through a username and a secure password on ted.tomatis.com and tedlight.tomatis.com, the data entered is made anonymously through an encryption system. All accounts created on these sites are anonymous and therefore do not allow to link sensitive Personal Data to an identified or identifiable person. We only process the data for general statistical purposes. We do not associate any personal information with an identified or identifiable profile.

An account holder identified by a login and password is responsible for the data collected about their clients from the platforms ted.tomatis.com and tedlight.tomatis.com. You agree to respect the European rules for the management and protection of Personal Data. The account holder has the ability to manage and/or delete data collected from its own clients.

Specific cases with the subdomain payment.tomatis.com, and websites that offer an online payment system – Your debit and/or credit card number entered online is encrypted and processed by secured online payment services such as “Stripe” or “PayPal”. We do not have access to your debit and/or credit card numbers which are encrypted by the payment services but we have the ability to debit your account with your prior consent.

How do we collect your Personal Data?

We collect your Personal Data as follows:

- Through the Websites – We collect your Personal Data through the Websites, online forms, product registrations and emails that you receive or send to us.
- Outside of the Internet – We collect your Personal Data outside of the Internet, especially when you contact customer service or visit our company (our offices and attend our Conferences etc.)
- When you download an Application – When you download and use an application, we track and collect the usage data from the application, such as the date and time of access on our server from your device, and what information and which files have been downloaded from the application based on your device number.
- Physical Location –We collect physical location data from your device using satellites, mobile phone relay antennas, or Wi-Fi signals, for example.
- Use of cookies – We collect your Personal Data through the use of cookies when you browse the websites. Our collection and processing of your Personal Data through cookies is governed by the Cookies Policy, which we invite you to read carefully.

The Personal Data that you provide to us through our websites is mixed with the Personal Data and other information that you provide to us (via the Internet or off the Internet), or that we obtain in any other way via the Internet or off the Internet.

What do we do with your information?

We collect your Personal Data in order to respond to your requests for information or requests to commercial offers / Administrative Interactions.

- To respond to your requests: If you send us a message, fill out an application or fill-out our contact form or our information form through the website, we will use your Personal Data to help us respond to your requests for information, suggestions, complaints, and requests for commercial offers.

Legal grounds for using your personal data: Our goal is to answer your requests.

- To send you administrative information, for example, information about the website and the modification of our Terms, Conditions, and Policies.
- We use your Personal Data to provide you with important information about the website, your transactions and any changes to our Terms and Conditions, Policies or this Privacy Policy.

Legal grounds for using your personal data: Our goal is to answer your requests and to inform you by email of the new changes in our Terms and Conditions and the status of your payment and/or your order.

Send targeted and relevant marketing communication.

We use your Personal Data to send you direct marketing communications via email and mail. Direct marketing communications to inform you of news, promotions, new products, or other similar activities about our business and brand as well as products and services from our affiliated companies.

Individual and professional documentation application forms, as well as all contacts and information forms, are part of our marketing communications.

Legal grounds for using your personal data: Your consent

To contact us using an online form, you must accept our Privacy Policy. You have the option of not completing the online form and instead of contacting us directly at the following address info@tomatis.com.

You may withdraw your consent to receive direct marketing communications by clicking on the “Unsubscribe” link at the bottom of each marketing email.

You may also notify us of your wish to withdraw your consent by email, phone or mail at the contact information mentioned in this Privacy Policy.

Analyze data through the use of the public profile on social media platforms and shared content.

We collect your Personal Data to measure your interactions in our social media platforms.

Legal grounds for using your personal data: Your consent

You have the option to accept or refuse the use of your Personal Data, including configuring cookies (see the Cookie Policy).

Profile trend analysis

We collect your Personal Data to improve our understanding of the types of profiles interested in our products and services. This allows us to better know our prospects and customers and to adapt our communication and our offers.

Legal grounds for using your personal data: Your consent

You can accept or refuse the use of your Personal Data by configuring cookies (see the Cookie Policy).

You can also contact us directly.

Behavior trend analysis

We collect your Personal Data, including your location and browsing data in order to measure your interactions on the sites. This allows us to improve your browsing experience and adjust our content according to your profile.

Legal grounds for using your personal data: Your consent

You can accept or refuse the use of your Personal Data by configuring cookies (see the Cookie Policy).

You can also contact us directly.

Compliance with our legal obligations

- In order for us to comply with our legal obligations as well as with all legal procedures or decisions coming from governmental authorities, including any decisions coming from governmental authorities outside of your country of residence, we are legally bound and may have to disclose your Personal Details, only because it is strictly necessary to comply with such legal obligations, legal proceedings or government orders.

Legal grounds for using personal data: Compliance with our legal obligations.

Corporate Mergers & Acquisitions

We use your Personal Data in the case of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or part of our business, assets or inventory (including the case of a bankruptcy or similar proceedings).

Legal grounds for using your personal data: Our interest in implementing our business strategy.

Management of information technology

We use your Personal Data to diagnose server problems, administer the site and verify that it is working properly.

Legal grounds for using your personal data: Our interest in the management of our computer systems and networks in order to ensure that the website operates properly from a technical point of view.

Who do we communicate your Personal Data with and for what reason?

Your Personal Data will be communicated to the following affiliated companies to the extent that the data that we have collected specifically falls into the assignments that we have entrusted to these affiliated companies. In other terms, we do not communicate your Personal Data to affiliated companies who do not fall within the geographical area of action and/or that are inappropriate for the service that we ask them to provide.

- TOMATIS® POLSKA, which carries out marketing, distribution and representation services, specifically in the Polish territory.
- GOSPARTNER, which carries out marketing, distribution and representation services, specifically in the Russian territory.
- TOMATIS® AUSTRALIA – HEAR AND NOW, which carries out marketing, distribution and representation services, specifically in the Australian territory.
- TOMATIS® KOREA – BARO LTD which carries out marketing, distribution and representation services, specifically in the South Korean territory.
- SOUND LIFE EDUCATION TECHNOLOGY, which carries out marketing, distribution and representation services, specifically in the Chinese territory.
- YOUR AMAZING HEALTH – NEW ZELAND, which carries out marketing, distribution and representation services, specifically in the territory of New Zealand
- HEALTH MANAGING GROUP which carries out marketing, distribution and representation services, specifically in the Spanish territory
- A TOTAL APPROACH – SOUTH AFRICA, which carries out marketing, distribution and representation services, specifically in the South African territory.
- SENSORY CENTER – TOMATIS® PARIS which carries out marketing, distribution and representation services, specifically in the French territory.
- SOUNDEV HOLDING, Luxembourg, Belgium which grants exclusive and worldwide licenses for the brand management and know-how to our company.
- SOUND FOR LIFE LTD, Hong Kong, China which offers worldwide services and products sold through e-commerce sites developed in collaboration with TOMATIS DEVELOPPEMENT S.A. and which are directly related to our products and services.

Your Personal Data is shared with the following companies who host our computer systems, provides system support services and conducts data analysis for the purposes described in the Privacy Policy;

- Google (Gmail, AdWords, and Analytics): provides support services for our computer system and conducts data analysis for the purposes described in the Privacy Policy.
- CRM, Salesforce: hosts our computer systems and provides systems support services.
- CMS: WordPress, Drupal, and Symphony: host our computer systems and provide systems support services.
- Providers sending emails Getresponse and Constantcontact who ensure the sending and delivery of marketing emails.
- Social media: Facebook, Twitter, and Instagram to carry out targeted campaigns. Your Personal Data is communicated to the following companies who host our online payment systems:
- Stripe that provides online payments by debit and/or credit card or SEPA
- PayPal that provides online payments by debit and/or credit card or PayPal account
- Cetrel who ensures the payments by phone.

If necessary or appropriate, your Personal Data will be communicated to all authorities, affiliated companies and third parties involved: (a) in order to comply with our legal obligations; (b) to respond to requests from public and governmental authorities, including any public or governmental authorities outside your country of residence; (c) to enforce our terms and conditions; (d) to protect our operations or those of any of our affiliates; (e) to protect our rights, privacy, security or property, and/or those of our affiliates; and (f) to allow us to find any solutions available to us or to limit any prejudice we may suffer.

If you complete an online form linked to a matching directory, the data you have entered and the date on which you completed the form is sent to the third parties you have previously selected in the directory. We are not responsible for the processing of your data by the third party service provider that you have selected. We keep a copy of the information we process according to this Privacy Policy.

Third party Sites / Third party service providers

This Privacy Policy does not cover, and we do not accept any liability when it comes to the treatment and data protection policies of any third party, including any third party operating any sites whose link is present on such sites. The presence of a link on the sites does not imply endorsement, on our part or on the part of our affiliated companies, of the site to which the link refers to.

Third party advertising service providers

Please note that our online and email advertising and marketing service providers may use “pixels”, “web beacons”, “invisible GIFs” or other similar technologies within the websites in order to help us manage our advertising campaigns, online and by email, and improve their efficiency. For example, if a cookie is placed on your computer by a service provider, the latter may recognize the cookie when you visit the sites to find out which of our online advertisements may bring you to our sites, and the service provider may be required to provide us with the information for us to use. Please note that we may associate the other information provided to us by our service providers with the Personal Data about you previously collected by us.

We may use third-party advertising agencies for the purpose of displaying advertisements on our sites. These agencies may use information (with the exception of names, addresses, e-mail addresses or phone numbers) related to your visits to the sites in order to offer you advertisements concerning the products and services that are of interest to you.

What are your rights regarding the processing of your Personal Data, how can you exercise them and how can you contact us?

Your rights regarding the processing of your Personal Data

Here are your rights:

- Obtain a copy of any Personal Data that we have about you;
- To ask us to update or correct any inaccurate Personal Data, or to add any incomplete Personal Data;
- To request that we cease the processing of your Personal Data for direct marketing purposes.

In some cases, you also have the right to:

- Object to the processing of your Personal Data;
- Ask us to erase your Personal Data;
- Limit our processing of your Personal Data;
- Ask us to send you some of your Personal Data or to transfer it or to ensure that it is transferred to any other data manager.

To exercise your rights

You can contact our Data Protection Officer (DPO) at the following address:

TOMATIS DEVELOPMENT,
DPD
76 avenue de la Liberté,
L 1930 Luxembourg.

You can send us an email at the following address: privacy@tomatis.com

You can call us at 00 352 26 27 20

How long do we keep your Personal Data?

We intend to ensure the accuracy of your Personal Data and to keep it up-to-date. We will delete the Personal Data that we have about you when we don’t need to use it anymore.

If there is no communication with your registered profile or no contractual relationship, we will keep your Personal Data used for the purposes described in this Privacy Policy for a timeframe of up to 8 years, unless applicable regulation requires us to keep your Personal Data for a shorter or longer period.

The duration of 8 years is justified by the particular nature of our offers and services that require to gradually educate the professional and whose decisions to contract with us cannot be taken under a simple impulse. It is the case for people who have a professional profile and whose wish to integrate our services and products into their daily professional activity is a mature decision made and supported by a lot of information.

This is also the case for people who have an individual profile and whose willingness to benefit from our services and products is for their personal interest or that of a loved one. It is also a mature decision made and supported by a lot of information.

Finally, the conservation of your Personal Data is justified by the evolution of our offers and products which are brought to change gradually but drastically. Over the years, certain offers and services can significantly change and thus better meet your expectations. We think it is necessary to inform you of such changes.

What transfer of Personal Data do we make outside of the European Union?

For the purposes described in this Privacy Policy, we may transfer your Personal Data to providers located in countries outside the European Union such as in the United States (hereafter the “Third Countries”), which cannot guarantee an “adequate level of protection” under section 45 of the General Data Protection Regulation (GDPR):

In this scenario, our transfer of data will be subject to the following appropriate protection in accordance with the General Data Protection Regulation (GDPR), to ensure that your Personal Data is adequately protected:

- Standard data protection clauses adopted by the European Commission under Article 46 section 2 of the General Data Protection Regulation (GDPR) (Click here to access the European Commission’s decision on standard contractual clauses for transfers to subcontractors established in Third Countries),
- The EU-U.S. Privacy shield on transfers to U.S.-based companies (Click here to access the European Commission’s decision on the EU-U.S. protection shield).

In order to get all relevant information regarding all transfers of your Personal Data to Third Countries, you may contact our Data Protection Officer at the following address:

TOMATIS DEVELOPMENT,
DPD
76 Avenue de la liberté
L-1930 Luxembourg.

You can send us an email at the following address: privacy@tomatis.com

You can call us at 00 352 26 27 20

Applicable Law

This Privacy Policy is governed by and will be interpreted in accordance with the Luxembourg laws and all other applicable laws within the European Union.

You may print, download or otherwise store a copy of this Privacy Policy (and any revised version) for your records.


COOKIES MANAGEMENT POLICY


Cookies are small amounts of information stored in files within the browser of your computer. Cookies are accessible and registered by the websites you visit, and by the companies that display their advertisements on websites so that they can recognize the browser. Internet sites can only access the cookies they have stored on your computer.

By using our website, you consent to the use of cookies posted by our website.

Our website uses cookies necessary for the following actions:

-To offer you a simplified use of the website: We may register your login information so that you do not have to log in each time you visit the website; Remember which forms you have filled in to avoid refilling them before accessing other steps.
-To enable us to measure the audience and the efficiency of the website: To follow the statistical data on the website's use (the use made of the website by the users and to improve the services of the website) and to help us measure and study the effectiveness of our content.
-To offer you targeted ads on social media related to the pages you visited on our site.
-To analyze your click stream data from our CRM in order to better target your interests and provide you with the most relevant information.

We do not use targeting cookies that would allow an external advertising service such as "google AdSense" to intervene directly on our website through banners or content.

We do not use social media cookies generated by their share buttons.


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


https://tomatis.academy/

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 question you can contact us by email at info@tomatis.academy