Terms and Conditions
Date of the last update : 24/01/2022
Welcome to the website of the Tipi association, a non-profit association governed by the French law of 1 July 1901, SIREN number 448 994 012, located at 4 rue Pagès, 34000 Montpellier – France – Email: contact@tipi.org (hereinafter, “Tipi“).
CONDITIONS OF USE
This site is available at www.tipi.org or any other address that may be substituted for it (the “Site“).
These general terms and conditions of use (the “Conditions of Use“) contain the stipulations applicable to the use of the Site by any natural person (hereinafter the “User“), subject to any contrary local public policy provisions which may apply to such use in the country from which the Site is consulted. The Conditions of Use are made available to the User on the Site where they can be consulted at any time. The User may save and/or print the Terms and Conditions using the standard settings of his browser and/or computer.
Tipi reserves the right to modify these Conditions of Use of the Site at any time. The User is invited to read the Conditions of Use carefully each time he or she uses the Site, in order to ensure that he or she is aware of the latest version in force.
LEGAL NOTICE
The Site is published by Tipi, whose contact details are given at the top of this document.
The director of the publication of the Site is Mr Luc Nicon.
The Site is hosted by Cloudways Ltd. (https://www.cloudways.com) whose registered office is located at 52 Springvale, Pope Pius XII Street Mosta MST2653, Malta – Telephone: +35 6 35 50 01 06
PURPOSE OF THE SITE
The purpose of Tipi is to teach, promote and disseminate the TIPI Emotional Regulation (the “Tipi Method“).
The Site is made available to Users for their information and for the purpose of communicating about Tipi’s activity, in particular to present the Tipi Method and the latest news about Tipi.
In this respect, the Site offers Users information on various services designed to help them discover and familiarise themselves with the Tipi Method and in particular the following services
- free online or face-to-face training in TIPI Emotional Regulation (the “Training Courses“)
- free consultations with volunteers (the “Consultations“);
- provision of a directory of certified professionals for Users to make appointments (the “Directory“).
The Trainings and Consultations offered on the Site are exclusively reserved for Users acting as consumers, i.e. natural persons acting for purposes other than their commercial, industrial, craft or liberal activity. Professionals wishing to access Tipi Training are invited to visit the dedicated website: www.tipi.pro.
REGISTRATION FOR TRAINING COURSES AND FREE CONSULTATIONS
The Website allows Users to register for one of the Training courses offered on the Site. The content and main characteristics of the Training courses offered are detailed on the Site. For any additional information on the Training courses offered, the User is invited to contact Tipi and/or the trainer using the contact details indicated on the Site.
Registration for the Trainings shall be made with the trainers, by e-mail and/or by telephone using the contact details given on the Site.
Free Consultations are also offered by volunteer professionals, certified or in the process of being certified by Tipi (the “Volunteer(s)“) to support Users with the Tipi Method.
To make contact with a Volunteer, the User must call the Volunteer at a time slot proposed by the Volunteer and indicated on the Site. The Volunteers shall not accept any calls outside the time slots proposed.
If the User wishes to benefit from Consultations by appointment, the User may contact one of the Tipi certified professionals directly from the Directory made available on the Site.
Free Consultations and Consultations by appointment shall take place under the sole responsibility of the Volunteer or the professional and the User. Tipi shall not be held responsible for the words and actions of the User and/or the Volunteer and/or the professional during the Consultations.
INTELLECTUAL PROPERTY
The “Tipi” brand, as well as all the figurative or non-figurative brands and, more generally, all the other brands, illustrations, images and logos appearing on the Site, whether registered or not (the “Brands“), are and shall remain the exclusive property of Tipi or are licensed to Tipi.
The Site and all the graphic, textual, visual and photographic elements appearing on it, in particular all the illustrations, images, drawings, photographs, characters, texts, decorations, modes of presentation, graphics or any other element of the Site (hereinafter the “Content“), are and shall remain the exclusive property of Tipi or are granted under licence to Tipi and are protected in particular by intellectual property rights.
All teaching materials, including the sequencing methods for the regulation of emotion, in whatever form (paper, digital, oral), used during the Training sessions (hereinafter the “Teaching Materials“) are and remain the exclusive property of Tipi and are protected in particular by intellectual property rights.
The User acknowledges that the Brands, the Site, the Content and/or the Teaching Materials may not under any circumstances be modified in whole or in part, distributed, marketed, integrated into a derivative work or otherwise, on any medium whatsoever, by the User or by a third party, without the prior express written authorization of Tipi.
HYPERTEXT LINKS AVAILABLE ON THE SITE
The hypertext links available on the Site may lead to third-party sites not published by Tipi. They are provided solely for the convenience of the User, in order to facilitate his use of the resources available on the Internet. If the User uses these links, he or she shall leave the Site and agree to use the third-party sites at his or her own risk and, where applicable, in accordance with the conditions governing them.
The User acknowledges that Tipi does not contribute in any way to the drafting of the conditions of use and/or the content applying to or appearing on these third-party sites. In this respect, the User acknowledges that Tipi does not endorse, guarantee or take over all or part of the conditions of use and/or content of these third-party sites.
Consequently, Tipi shall not be held liable in any way whatsoever for these hypertext links.
PERSONAL DATA
Users are aware that Tipi processes their personal data in accordance with Tipi’s Data Protection Policy, which is available at the following address: https://tipi.org/ privacy-policy/.
In accordance with the applicable regulations, the User has various rights which he or she may exercise at any time, including in particular a right of access, a right of rectification, a right to erase or limit the processing of his or her data.
To exercise these rights, the User is invited to send a request by e-mail to contact@tipi.org or by post to the following address, 4 rue Pagès, 34070 Montpellier – France, mentioning his/her surname, first name(s) and contact details (telephone number and e-mail address).
RESPONSIBILITY
The User remains responsible for the methods and consequences of his/her access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the User. In addition, the User shall be entirely responsible for providing the equipment necessary to connect to the Site.
Tipi does not guarantee uninterrupted access to the Site under any circumstances.
In the event of communication to Tipi via the Site or otherwise, the User shall be responsible for the content and accuracy of the information thus transmitted. In this respect, Tipi expressly excludes any liability for the content transmitted via the Site by e-mail or any other means of communication.
Tipi does not guarantee the security of exchanges via electronic communications and shall not be liable in any way for damage resulting from the use of the Internet or from threats such as viruses, bugs and other anomalies that may occur on the Internet.
CONTACT
For any question or request for information concerning the use of the Site and/or its content, or to report any malfunction, the User may send an e-mail to contact@tipi.org specifying the subject of his request.
LANGUAGE
These Conditions of Use have been translated into English and Spanish for the information of Users, from the French “Conditions Générales d’Utilisation”. In the event of a discrepancy between the English and French or Spanish versions, only the French version of the Terms and Conditions shall be deemed authentic.
APPLICABLE LAW AND JURISDICTION
These Conditions of Use are governed and interpreted in accordance with French law.
Any dispute relating to the Conditions of Use that cannot be resolved amicably shall be submitted to the jurisdiction of the competent Paris courts.
CONDITIONS OF SALE
1. PURPOSE
The websites www.tipi.pro, www.fr.tipi.pro, www.es.tipi.pro, www.formation.tipi.org (the “Website” or the “Site“) are published by the Tipi association, a non-profit association governed by the French law of July 1st 1901, SIREN number 448 994 01, located at 4 rue Pagès, 34000 Montpellier, France (” Tipi “). Tipi aims to teach, promote and disseminate TIPI Emotional Regulation, using two methods: Tipi Emotional Regulation known as “direct” or “in situation” and Tipi Emotional Regulation known as “deferred” (collectively the ” Tipi Method “). In this respect, TIPI offers on its Site paid training courses in Tipi Emotional Regulation, provided online or in person (the “Training Course(s)“) for professionals.
The Trainings offered on the Site are accessible only to legal entities or natural persons, public or private, who act for purposes within the framework of their commercial, industrial, artisanal, liberal or agricultural activity, and who have the capacity to form legally enforceable contracts by virtue of the legislation in force (the “Client(s)“).
These general terms and conditions of sale (the “Terms and Conditions“) shall apply to any registration for Training made by a Client on the Website and shall govern the contractual relationship between the Client and Tipi in this respect. The Terms and Conditions shall be made available to the Client on the Site where they may be consulted at any time. The Client may retain and/or print out the Terms and Conditions by using the standard settings on his browser and/or computer.
The Terms and Conditions prevail over any other document relating to the subject matter hereof. The parties expressly acknowledge that the Terms and Conditions constitute the entirety of their agreements concerning the subject matter hereof. No general or specific conditions communicated by the Customer may be included in the Terms and Conditions or added thereto.
Tipi reserves the right to amend these Terms and Conditions at any time. The Terms and Conditions applicable shall be those in force on the date of registration for the Training on the Website. The Customer is invited to read the Terms and Conditions carefully each time he or she visits the Site and before registering, as they may have been amended.
2. DESCRIPTION OF THE TRAININGS
The Site allows Customers to register for one of the Trainings offered on the Site. The content and main characteristics of the Training courses offered are detailed on the Site. For any additional information on the Training courses offered, the Customer may contact Tipi using the contact details shown on the Website.
The photographs on the Site are provided for information purposes only. Although every effort is made to ensure that the photographs, graphic representations and textual elements reproduced on the Site give an accurate picture of the Training offered, variations may occur. In case of doubt, or if you wish to obtain additional information on the Trainings, please contact Tipi directly using the contact details indicated on the Site. In any event, Tipi shall not be held liable for any non-essential error that may occur in this respect.
In any event, the Site provides Clients with the following information:
– The essential characteristics of the Training courses: content of the Training course, its main characteristics, location of the Training course (online / face-to-face), date(s) of the Training course, number of sessions for the Training course, duration of the Training course.
– The pedagogical program of the Trainings (which details the content of the Trainings),
– Training schedules,
– The prices of the Trainings,
– The payment conditions, if any,
– The Terms and Conditions.
The Client shall be solely responsible for its choice of Trainings and their suitability for its needs. Tipi shall not be held liable in this respect. It is expressly agreed that all registrations are personal and that they may not under any circumstances be transferred, in whole or in part, to a third party.
3. REGISTRATION PROCESS
Any registration for a Training session shall require prior consultation and acceptance of these Terms and Conditions, which may be accessed via a hypertext link by ticking the corresponding box.
Tipi shall not be held liable in the event that the Client provides incorrect or incomplete information during the booking process.
The process for registering for a Training session is as follows:
– Fill in the registration form available on the Website;
– Make the payment via Stripe or PayPal.
Once the booking process has been finalized by the Client on the Website as described above, the Client will receive a confirmation email detailing the information relating to his/her registration.
Tipi reserves the right to refuse any registration for legitimate reasons, and in particular to refuse any registration from a Customer with whom there is a dispute.
4. PRICE AND TERMS OF PAYMENT
The price of each Training Course is stated on the Website. The prices displayed on the Site are expressed in euros and include all applicable taxes (including VAT) at the rate in force on the date of registration.
Tipi reserves the right to change the prices shown on the Site at any time. Registrations shall be invoiced on the basis of the rate in force at the time of registration by the Client.
Payment for registrations shall be made by Stripe or PayPal only. The amount of the registration is debited at the time of validation of the registration by the Customer.
Payment of registrations can be made in several installments without charge via Stripe or PayPal. This service is offered after validation of the registration by a simple payment by credit card, without any justification or specific formalities or acceptance time.
The payment will be accepted only under the following cumulative conditions (on the day of registration).
– The Customer’s account must be credited with the amount of the first payment;
– The expiration date of the Customer’s credit card must be greater than the date of the last monthly payment.
Depending on the Training chosen, payment is staggered as follows:
Payment in 4 months:
Due dates: Date of debit – Amount
1st payment : The day of registration – 25% of the total amount including VAT
2nd payment: 1 month after registration – 25% of the total amount including VAT
3rd payment: 2 months after registration – 25% of the total amount including VAT
4th payment: 3 months after registration – 25% of the total amount including VAT
Payment in 6 months :
Due dates: Date of payment – Amount
1st payment : The day of registration – 25% of the total amount including VAT
2nd payment: 1 month after registration – 25% of the total amount including VAT
3rd payment: 2 months after registration – 25% of the total amount including VAT
4th payment: 3 months after registration – 25% of the total amount including VAT
5th payment: 4 months after registration – 25% of the total amount including VAT
6th payment: 5 months after registration – 25% of the total amount including VAT
0% APR
File fees : 0€.
5. CANCELLATION OR POSTPONEMENT OF A TRAINING
If the number of participants in a training course is deemed insufficient, for pedagogical reasons, TIPI reserves the right to cancel the course at least one month before the date of the course. The registration fees previously paid will be fully refunded to the Customer.
TIPI also reserves the right to postpone the Training, to modify the location, the content of the program or the instructors, while maintaining the same educational quality of the initial Training, if circumstances beyond its control oblige it to do so.
By accepting the Terms and Conditions and payment, the Customer commits themself for the entire duration of the training.
Any postponement or cancellation of a Training session at the initiative of the Client shall not be possible without the prior written agreement of Tipi.
If, however, the Client cancels a Training Course without the prior written agreement of Tipi, no reimbursement may be made.
If the Client has chosen the option of payment in several instalments, she/he shall be required to pay the full amount of the monthly instalments, including those subsequent to her/his cancellation.
6. CODE OF CONDUCT
The Client undertakes to comply with all instructions given by Tipi and/or the trainer during the Training sessions and to behave courteously and respectfully towards Tipi, the trainer and the other participants in the Training session. More generally, any immoral, illegal, indecent or inappropriate behaviour or behaviour that is contrary to morality, public order and applicable legislation is prohibited, including for example, but not limited to, verbal abuse, obscene or abusive gestures, physical violence, denigration or defamation, particularly via social networks, reprehensible acts or any other behaviour that could be a source of nuisance for Tipi, the trainer and/or the other participants. In the event of behaviour contrary to these Terms and Conditions, Tipi reserves the right to exclude any Client from a Training session, without compensation and without prejudice to any other remedy available to Tipi.
7. PERSONAL DATA
Clients are aware that Tipi processes their personal data in accordance with the Tipi Data Protection Policy, which can be accessed at the following address: https://tipi.pro/privacy-policy/.
8. INTELLECTUAL PROPERTY
The “Tipi” brand, as well as all the figurative and nonfigurative brands and, more generally, all the other brands, illustrations, images and logos appearing on the Site, whether registered or not (the “Brands“), are and shall remain the exclusive property of Tipi or are licensed to Tipi.
The Site and all the graphic, textual, visual and photographic elements contained therein, in particular all the illustrations, images, drawings, photographs, characters, texts, decorations, modes of presentation, graphics or any other element of the Site (hereinafter the “Content“), are and shall remain the exclusive property of Tipi or are licensed to Tipi and are protected in particular by intellectual property rights.
All teaching materials, in particular those incorporating sequencing methods for the regulation of emotions, in whatever form (paper, digital, oral), used during Training sessions (hereinafter the “Teaching Materials“) are and shall remain the exclusive property of Tipi and are protected in particular by intellectual property rights.
The Brands, the Site, the Content and/or the Teaching Materials may not under any circumstances be modified in whole or in part, distributed, marketed, integrated into a derivative work or otherwise, in any medium whatsoever.
For the avoidance of doubt, the Teaching Materials and the method used during the Training can be used by the Client to provide training in Tipi Emotional Regulation if and only if :
– The said training is about Tipi Emotional Regulation “in situation”;
– The said training is not “validating” to become a Tipi Emotional Regulation trainer/teacher;
– The name Tipi is attached to the title of the said training.
Tipi Emotional Regulation, known as “deferred”, cannot, under any circumstances and at any time, be the subject of a training course organized and given by the Client. Tipi Emotional Regulation “deferred” can only be used by the Client within the strict framework of private/in-office support.
The Client shall promptly notify Tipi in writing of any unauthorized public use or infringement by third parties of the Trademarks, the Content and/or the Teaching Materials of which it may become aware. Tipi shall be the sole judge of the appropriateness of commencing or continuing legal or amicable action to put an end to such unauthorized use or infringement.
9. NON-COMPETITION
The Client undertakes not to develop, offer, provide and/or market to third parties, directly or indirectly, in any way whatsoever, free and/or paying training and/or teaching based on Tipi Emotional Regulation, known as “in situation” training, since such training would open up the possibility for the persons trained to become a Tipi Emotional Regulation trainer/teacher in their turn.
The Client undertakes to use the TIPI sign for any training she/he may provide.
The Client undertakes not to develop, offer, provide and/or market to third parties, directly or indirectly, in any way whatsoever, free and/or paid training and/or teaching based on Tipi Emotional Regulation, known as “deferred”. Tipi Emotional Regulation, known as “deferred”, can only be used and exploited by the Client within the strict framework of private/in-office support.
10. LIABILITY
The parties may only be held liable for damage constituting a direct and foreseeable consequence of a breach of the terms of these Terms and Conditions.
Tipi shall not be held liable :
– in the event of damage relating to any activity carried out by the Client, including (in particular) loss of data, loss of chance, profits, turnover, activity, opportunity or clientele, damage to reputation or interruption of activity and any indirect damage suffered by the User; or
– in the event of an impediment or delay in the performance of its obligations under these Terms and Conditions caused by any act or omission of a Customer (or any person acting in its name and on its behalf), of a third party or arising from an event of force majeure as defined below.
In all cases, in the event of a failure by Tipi to fulfill its obligations under these Terms and Conditions, Tipi’s liability to the Client shall be limited to the sums paid by the Client and collected by Tipi for the Training concerned by the dispute.
11. FORCE MAJEURE
In the event of the occurrence of an event of force majeure, as defined in Article 1218 of the French Civil Code and by the case law of the French courts, which prevents one of the parties from fulfilling its contractual obligations, the respective obligations of the parties shall be suspended and neither party shall be held liable in that respect.
The party affected by an event of force majeure shall inform the other party of the occurrence of this event as soon as possible.
If the duration of the event of force majeure exceeds thirty (30) consecutive days, and/or if this event, upon its occurrence, permanently prevents the affected party from fulfilling its obligations, each party shall be entitled to terminate this contract by written notice sent to the other party by registered letter with acknowledgment of receipt. The termination shall take effect upon receipt of the registered letter without liability of the parties in any respect whatsoever.
12. SETTLEMENT OF DISPUTES
The present Terms and Conditions are governed and interpreted in accordance with French law.
In the event of a complaint or dispute arising from these Terms and Conditions and/or a reservation, the Customer may contact Tipi’s Customer Service (by e-mail at the following address: contact@tipi.org, by post at the following postal address: 4 rue Pagès – Montpellier – France, by telephone, on working days – Monday to Friday from 9 a.m. to 5 p.m. (Paris time), on the following numbers: +33 7 69 12 61 81
in order to inform Tipi of the complaint or dispute concerned and to attempt to settle the dispute amicably.
If the dispute cannot be settled amicably, any claim or dispute relating to these Terms and Conditions and/or to a reservation shall be subject to the exclusive jurisdiction of the competent courts of Montpellier, France.
13. MISCELLANEOUS PROVISIONS
The parties expressly acknowledge that the Terms and Conditions constitute the entirety of their agreements concerning the subject matter hereof, and supersede any prior agreement between them relating to the same subject matter. If any provision of the Terms and Conditions is held to be invalid, such provision shall be unenforceable but the remaining provisions shall remain valid and fully enforceable.
The fact that one of the parties does not invoke a breach by the other party of any of its obligations shall not be construed as a waiver of the obligation in question or as an addendum to the Terms and Conditions, which could be of such a nature as to prevent the non-defaulting party from invoking such breach in the future.
If one or more provisions of these Terms and Conditions is declared or deemed invalid by virtue of a law, regulation or decision of a competent court, the parties shall meet to agree on one or more provisions to replace the invalid provision(s) and to respect, as far as possible, the objective pursued by the original provision(s). All other provisions of the Terms and Conditions shall remain valid and fully applicable.
14. LANGUAGE
These Terms and Conditions have been translated into English and Spanish, from the original French version, for the information of the Customers. In case of discrepancy between the English and French or Spanish versions, only the French version of the Terms and Conditions (Conditions Générales de Vente) shall be deemed authentic.
