TERMS AND CONDITIONS (T&C) AND CANCELLATION POLICY
LAST REVISION OF THIS POLICY: 24 MAY 2024
INITIAL CONSIDERATIONS
(a) Viveka Terapias is a website hosted under the domain www.vivekaterapias.com.br, owned by PATRÍCIA CRISTINA SILVA LEME, CPF 200.482.329-31, and available through the URL http://www.vivekaterapias.com. br ("Site").
(b) Viveka Terapias offers to users registered through the Site ("Users") a Therapeutic Care service consisting of a combination of integrative techniques originating from, but not limited to, Systemic Constellation, ThetaHealing, Transpersonal Psychology and Biodecoding ( "Services").
(c) The User, when purchasing any service available through the Website, does so directly with Viveka Terapias, which guarantees and is responsible for the quality of the service.
(d) The purchase can be made completely (choice, scheduling and payment) or partially through the website.
1. ACCEPTANCE
1.1. The Services offered by Viveka Terapias are governed by these Viveka Terapias Terms and Conditions ("T&C").
1.2. The use of the Services implies the highest understanding, acceptance and automatic binding of the User to the T&C. When using the Services offered, the User agrees to respect and follow any and all guidelines set out in these T&C.
1.3. These T&C may undergo periodic changes, whether for legal reasons or for strategic reasons of Viveka Terapias. The User hereby agrees and acknowledges that it is their sole and entire responsibility to periodically check these T&C.
2. VIVEKA THERAPIES PURCHASE MODEL
2.1. The service will be offered through the Website, on behalf of Viveka Terapias, with necessary information to the User regarding the requirements for purchasing the service;
2.2. The User's manifestation, when interested in purchasing a service from the website, must take place during the period in which it is online, with payment in accordance with the instructions indicated on the Website itself. Information on the minimum number of purchases to validate the purchase will also be available on the Website, i.e., number of hours, number of sections, number of classes, etc.;
2.3. Once the purchase of the service has been confirmed by Viveka Terapias, it will electronically distribute the "purchase order" information to the User directly to the email address registered on the website. Confirmation may also be sent to the WhatsApp app on the user's cell phone number registered on the website.
3. USE POLICY AND LIMITATION OF LIABILITY
3.1. The User is aware, and hereby agrees, that any service purchased through the Website is done directly with Viveka Terapias and that Viveka Terapias is exclusively and entirely responsible for the delivery, quality, quantity, status, existence, legitimacy and integrity of the services offered.
3.2. When purchasing the service through the Website, the User declares to know the conditions of use, payment, receipt and validity period thereof.
3.3. The User is aware that proof of purchasing the service is the information sent directly to the email registered on the website or to the WhatsApp application on the user's cell phone number registered on the website. Proof of purchase of the service, once distributed electronically to the User, becomes their sole responsibility.
3.3.1. For services purchased and paid directly through the website, the customer will receive an automatic email with payment confirmation. It must be printed and presented to the person responsible on the day of the service. For services purchased in another way (contact via telephone, email, WhatsApp, among others) or for the option on the website for "manual payment" (payment via bank transfer, Pix (Only in Brazil) or in person in cash or check) Viveka Terapias may send a confirmation by e-mail, or other electronic means, and this may also be requested on the day/location of the service.
3.4. Viveka Terapias will make its best efforts to maintain the confidentiality and security of Users' stored information, however, if it occurs through the intervention of third parties beyond its control, it will not be responsible for any caused damages.
3.5. Any attempt to violate Viveka Terapias' systems and/or database will result in, in addition to the sanctions provided for herein for violation of these T&C, appropriate legal actions and compensation for any damages caused.
3.6. Viveka Terapias is not responsible for any tax obligations that may be levied on the activities of Users and/or Partners.
3.7. Choosing to pay via credit or debit card does not guarantee your reservation. It will only be effective after confirmation from WixPagamentos Brasil, PagSeguro, PayPal, Mercado Pago or another online payment operator in a communication sent to the user's email registered on the respective platforms' website.
4. PENALTIES AND CANCELLATION OF REGISTRATION
4.1. Any User who fails to respect applicable legislation and/or the commitments assumed herein will be subject to the sanctions provided for in these T&C, without prejudice to civil and criminal liability for the consequences of their acts and/or omissions.
4.2. Without prejudice to other legal sanctions and those provided for herein, Viveka Terapias may, at its discretion, notify, suspend and/or cancel/delete the User's registration, at any time, definitively or temporarily, in the following cases, but not limited to them:
(i) Failure to comply with any provisions of these T&C;
(ii) Failure to comply with any of its obligations;
(iii) Checking for duplicate registration;
(iv) Verification of new registration carried out by a User who had their registration canceled and/or suspended;
(v) Fraud or attempted fraud is found; and/or
(vi) Providing incorrect and/or untrue requested information or refusing to provide any additional information requested by Viveka Terapias
5. INTELLECTUAL PROPERTY
The elements and/or tools found on the Site are owned or licensed by Viveka Terapias, subject to the protection of intellectual rights in accordance with Brazilian laws and international treaties and conventions to which Brazil is a signatory. For example only, the following are understood as:
- texts, software, scripts, graphic images, photos, sounds, music, videos, interactive and similar resources, brands, service marks, logos and "look and feel".
6. REGISTRATION
6.1. The User, an individual, declares to be over 18 years old, an emancipated minor, or to have the legal, express and written consent of a parent or legal guardian and to be fully capable of being bound by these T&C, complying with and complying with their provisions.
6.2. Minors should not send personal information, such as email address, name and/or contact information to Viveka Terapias, except as mentioned in item 6.1.
6.3. The User, being a legal entity, will do so as its legal representative, respecting the same provisions as in item 6.1 above.
7. CANCELLATIONS, CHANGES AND REFUNDS
The acquisition of any service provided by Viveka Terapias will only be effective after confirmation of payment via email, receipt, WhatsApp message or any other means of documented communication between the parties. The cancellation policy will take effect from this moment onwards. If your purchase cannot be confirmed for any reason, we will refund your purchase in full, without any additional charges. We recommend that each customer fully evaluate the cancellation policy.
Anyone who has contracted Viveka Terapias service(s) and who does not show up (NO SHOW) on the day and time of the contracted service will not be reimbursed.
The cancellation of the service(s) and the respective refund are regulated as follows:
7.1. Cancellation more than two business days before the scheduled date: if payment was made in Brazil via PIX, cash or bank transfer, the refund will be 100% of the amount. If payment was made by any other means, such as credit card, International bank account tranfers, the refund will be 90% of the amount paid.
7.2. Cancellation less than two days before the scheduled date: The refund amount will be 50% of the amount paid.
As established in Article 49 of the Brazilian Consumer Protection Code, the period for regretting/cancelling a purchase made entirely through the website (which includes payment) is 7 calendar days, counting from the date of the purchase of the service, and has a full refund. Once this period has elapsed and if the choice of service was made non-online, the refund will be under the terms defined in the previous item.
All cancellations and changes must be made directly with Viveka Terapias and the cancellation will only be effective after confirmation by Viveka Terapias.
In all cases, services eligible for credits/refunds will be reimbursed via bank deposit (within Brazil only). International refunds will be reimbursed via bank transfers and the corresponding taxes will be paid by the customer.
Cancellation/refund requests will be processed within 1 to 7 business days. Please note that we will not recognize voice messages for cancellations. Cancellation must be done electronically only.
7.3. Change Fees:
We do not charge a fee for any changes made after service confirmation via email. But we cannot guarantee that change will be possible.
The term “Change” does not include Cancellations.
8. GENERAL RULES, APPLICABLE LEGISLATION AND JURISDICTION
8.1. These T&C and any other policies published by Viveka Terapias on the Website establish the full and complete agreement and understanding between the User, superseding and revoking any and all understandings, proposals, agreements, negotiations and discussions previously held between the parties.
8.2. The T&C and the relationship between the parties are governed by the laws of the Federative Republic of Brazil.
8.3. The parties elect the Forum of the Municipality of São Carlos as the only one competent to resolve any disputes and/or demands that may involve the Parties in relation to the use and access of the Website.
8.4. The inability of Viveka Terapias to exercise or enforce any right or provision of the T&C does not represent a waiver of such right or provision.
8.5. In the event that any item, term or provision of these T&C is declared null or unenforceable, such nullity or unenforceability will not affect any other items, terms or provisions contained herein, which will remain in full force and effect.