GENERAL TERMS OF USE
Legal Notice
The website https://www.luminara.care/ is published by:
HEALLO, is simplified joint-stock company, with a capital of 2014 euros, whose registered office is located at 7, rue Keller, 75011 Paris, France, registered with the Paris Trade and Companies Register under number 882 911 662, whose VAT number is FR36882911662, and whose email address is contact@luminara.care
Director of publication: Romain Daumont Email: romain@luminara.care
The website https://www.luminara.care/ is hosted by Netlify whose registered office is at the following address: 512 2nd Street, Suite 200 San Francisco, CA 94107 and Google whose registered office is at the following address: 1600 Amphitheatre Parkway in Mountain View, California.
Article 1. General provisions
Luminara's activity involves connecting independent professionals in the field of energy care from around the world (the "Practitioners") with individuals for the provision of services.
These general terms of use govern the use and access of any user to the Luminara website accessible at the URL https://www.luminara.care/ (the "Site"), as well as all services provided directly or indirectly by the Site, phone, emails, WhatsApp messages, or SMS (the "General Terms of Use").
The use and access to the Site are reserved for adults.
Any natural person accessing the Site, visiting it, or using its features is considered a user of the Site (the "User" or "Users").
The General Terms of Use take effect from their date of posting and apply from the first use or visit to the Site by the User.
The User fully, expressly, and unreservedly accepts the General Terms of Use accordingly. Luminara reserves the right to modify the General Terms of Use at any time.
In case of modification, the new version of the General Terms of Use posted online (i) will replace the previous version, (ii) will be disseminated, and (iii) will automatically apply to Users from its publication date.
Article 2. Services to Users
Luminara allows Users to access energy care services listed on the Site (the "Energy Healings") and offered by third-party specialists in the field (the "Practitioners").
Luminara provides brokerage services through the Site, consisting of connecting Users with Practitioners, as well as services provided directly or indirectly by the Site to Users in this capacity, including:
- Any User can communicate via WhatsApp with Luminara, where they express their needs.
- Luminara assists in filling out a questionnaire that allows them to select 3 Practitioners suitable for their needs (the "Selected Practitioners");
- An email is sent by Luminara (i) to communicate the search results and (ii) containing a link to access a dedicated page of the Site with profiles of the Selected Practitioners and a video presentation of each of them (the "Dedicated Page");
- A page on the Site allows the User to choose a time slot with the Selected Practitioner, chosen by the User for an Energy Healing;
- If applicable, Luminara transmits the chosen time slot to the Selected Practitioner;
- The Selected Practitioner confirms their availability for a time slot within the chosen time frame (the "Appointment");
- Luminara confirms the Appointment, the price of the Energy Healing, and the payment conditions of the Energy Healing by email to the User (the "Order Confirmation");
- The User confirms acceptance of the Order Confirmation to Luminara;
- Luminara confirms the Appointment to the Practitioner by email;
- Making available all technical and secure means to ensure the transaction with the Practitioner. In this regard, the Company sets up a secure payment platform STRIPE;
- Providing the User and the Practitioner, by email, with a link to a video conference room arranged warmly for the Energy Healing Appointment.
Luminara is not a wellness service provider.
In the context of the Services, Luminara acts solely as an intermediary between the User and the Practitioner.
The Practitioner will provide the Energy Healing services directly to the User without any intervention from Luminara in their execution, with the Practitioner being solely responsible for the proper performance of the Energy Healing services ordered by the User.
In this regard, the Energy Healing service is governed by the contractual relationship between the Practitioner and the User, with Luminara not being a party to this contract at any time.
Any dispute with a Practitioner must be handled directly by the User with that Practitioner. Without any commitment in this regard, Luminara will, however, make every effort to facilitate the amicable resolution of any dispute between a User and a Practitioner.
Article 3. Access to Services
Before communicating their energy care needs and placing an order for Energy Healing, the User must provide their email address and phone number on the Site.
In the context of transmitting this information, the User guarantees:
- To be over 18 years old;
- To have the full capacity to conclude a contract; and
- To provide accurate, complete, and up-to-date information.
In the context of creating a personal account on the Site, the User fills out a required form on a page of the Site and:
- Provides their personal information: First name, Last name, Email address, Phone number
- Chooses a username and a password allowing access to their personal account (the "Credentials").
In the context of creating an account, the User guarantees:
- To be over 18 years old;
- Not to use a username that infringes upon the rights of Luminara, third parties, public order, or morality;
- To have the full capacity to conclude a contract; and
- To provide accurate, complete, and up-to-date information.
The User is solely responsible for the use made of their Credentials. Any access or use of the Services or the Site made from a User's account will be deemed to have been made by the User.
In case of loss or theft of any of the Credentials concerning them, the User is responsible for any harmful consequences related to this loss or theft and must use, as soon as possible, the procedure to modify them, which can be consulted on the page accessible at the following address using the whatsapp chat option or: https://luminara.app/request-new-healer.
Article 4. Ordering an Energy Healing
Placing an Energy Healing Order
- Ordering an Energy Healing is done through the Site.
- The User who has energy care needs provides their phone number via the Site to Luminara to communicate via WhatsApp.
- The User communicates via WhatsApp with a Luminara representative to express their needs.
- The Luminara representative assists in filling out a questionnaire that allows them to select Practitioners.
- The User provides their email address to Luminara via WhatsApp.
- Luminara sends an email to the User (i) to communicate the search results and (ii) containing a link to access the Dedicated Page of the Selected Practitioners and a video presentation of each of them.
- A page on the Site then allows the User to choose a time slot with the Selected Practitioner, chosen by the User for an Energy Healing. Luminara does not guarantee the availability of Practitioners in any way; Practitioners may accept or refuse any Energy Healing order brought to their attention.
- The Selected Practitioner confirms their availability for the Appointment.
- Luminara confirms by email to the User the Appointment, the price of the Energy Healing, and the payment conditions of the Energy Healing as per the Order Confirmation.
- The User confirms acceptance of the Order Confirmation to Luminara.
- The User must then provide their credit card details to Luminara to proceed with the payment for the Energy Healing via the secure STRIPE payment platform.
- Luminara confirms by email to the Practitioner the Appointment.
- Luminara provides the User and the Practitioner, by email, with a link to a video conference room for the ordered Energy Healing Appointment.
Delay, Rescheduling, and Cancellation of Appointments
- In case of delay to the Appointment scheduled with the Practitioner, the payment for the Energy Healing will be due by the User.
- In case of cancellation of the Energy Healing ordered by the User, the User must contact Luminara at least 24 hours in advance.
- Beyond that, the payment for the service will be due in full.
- In case of a request to reschedule a scheduled appointment, the User must contact the Practitioner directly at least 24 hours in advance. The acceptance of this rescheduling remains at the sole discretion of the Practitioner.
Right of withdrawal
In accordance with Article L. 121-21-8 of the Consumer Code, regarding a leisure service provided on a specific date or during a specified period, the User has no right of withdrawal within the meaning of Article L.121-21 of the Consumer Code, following the payment of their Energy Healing order and the receipt of the order confirmation message initiating the execution of the order, which the User expressly acknowledges and accepts.
Rates of Energy Healings
The rates of Energy Healing are indicated on the Site. They may be modified or updated occasionally based on the rates proposed by Practitioners. Luminara sends the User the confirmation and summary of the Ordered Energy Healing.
Luminara is authorized by the Practitioner to invoice the User for the Energy Healing(s) provided and performed by the Practitioner, and to collect the corresponding sums.
The User agrees to pay Luminara for all Energy Healing services purchased from Practitioners.
Luminara uses a third-party payment system for the settlement of Energy Healing by the User via the Site.
Luminara disclaims any responsibility resulting from the third-party payment system or the User's credit card.
Article 5. Limitation of liability
Luminara offers Users an online platform accessible through the Site and acts as an intermediary between Users and Practitioners for online Energy Healing ordering.
Luminara is not a service provider and only acts as an intermediary between Users and Practitioners providing Energy Healing services.
Luminara does not have any responsibility or control over the Practitioner Services that Users purchase.
Luminara cannot be held responsible for the non-performance of its obligations due to a fortuitous event or force majeure. It is expressly agreed that by fortuitous event or force majeure, an unforeseeable, unforeseeable event, and external to the company is meant within the meaning of the provisions of Article 1218 of the Civil Code.
By accepting the General Terms of Use and using the Site or Services, the User agrees to indemnify and hold harmless Luminara against claims, costs, damages, losses, liabilities, and expenses (including attorney's fees) related to (i) a User's violation of the General Terms of Use or any applicable law or regulation, or (ii) fraudulent use by the User of the Site or Services, or (iii) violation of the rights of third parties, including Practitioners contacted by the Site or Services.
Luminara cannot be held liable for any damage resulting from technical problems independent of the Services and the Site, such as connection and/or communication problems due to the User's internet service provider (slowdown, interruption of the connection, loss of data or content).
In the event that Luminara's liability is incurred, only direct, personal, and certain damages can be compensated, excluding in particular but not exclusively any indirect damage, such as financial or commercial loss, loss of profit, business interruption, or data loss.
Article 6. Intellectual Property
The Luminara brand and logo, the graphic charter of the Site, are the exclusive property of Luminara, which holds all applicable intellectual and industrial property rights.
All technical processes and, in particular, the software used for the operation of the Services and the Site, are the sole property of Luminara, and the User undertakes to fully respect all its rights.
In this regard, the User acknowledges that they have no right other than to use the technical means made available to them to use the Services and the Site.
All elements covered by intellectual property rights (such as trademarks, logos, illustrations, photographs, content, etc.), which do not belong to Luminara but nevertheless appear on the Site, are the property of their respective owners and are licensed to Luminara.
Article 7. Personal Data
Luminara undertakes to comply with the legislation on the protection of personal data.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, the processing carried out through the Site has been the subject of declarations to the National Commission for Information Technology and Liberties (CNIL).
During their visit to the Site, the User may enter personal nominative information about themselves (name, address, etc.), especially by creating a personal account.
Luminara may collect technical information from the User's terminal (computer, mobile device, tablet, etc.) such as location data, IP address, real-time geographic location of the terminal, provided that the User has activated this feature or requested geolocation.
This personal data, voluntarily provided on the Site, is exclusively intended for order processing and will be subject to automated processing, to which only authorized personnel of Luminara and the relevant Practitioners will be recipients, to allow access and use of the Site, as well as the provision and management of services and services requested by the User, including with the aim of providing the User, with their prior consent, with personalized information and services.
In accordance with the provisions of the articles of Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, the User has the right to access, rectify, and delete data concerning them, which they can exercise by sending their request (indicating their email address, name, first name, postal address) by email to the following address: contact@luminara.care
Or by postal mail to the following address: 7, rue Keller, 75011, Paris, France.
Article 8. Hyperlinks
Luminara is not responsible for third-party websites on which the Site refers to for informational or optional purposes concerning access, collection, or processing of their content, personal data, and terms of use (whether free or paid).
These links take the User out of the Site and are not controlled by Luminara, which is not responsible for these hyperlinks and the content of these sites.
Luminara is also not responsible for hyperlinks on third-party sites directing to the Site.
Article 9. Duration - Termination
The User is authorized to access the Site and use the Services for an indefinite period.
In the event of the User's non-compliance with these General Terms of Use, Luminara has the right to suspend, limit, or delete, without notice, their access to the Site services or the Site, without the User being able to claim any compensation.
Article 10. Applicable law and Dispute resolution
Persons accessing the Site are subject to the legislation and regulations in force in France, to the exclusion of any other.
The General Terms of Use are subject to French law.
Any dispute relating to the validity, interpretation, compliance, or violation of the General Terms of Use is subject to the French courts.
Article 11. Partial invalidity
If a provision of the General Terms of Use is invalid, illegal, unenforceable, or inapplicable in any way, the validity, legality, or application of the other provisions of the General Terms of Use will not be affected or altered in any way, with the other provisions of the General Terms of Use remaining in force and retaining their full effect.