Terms and conditions

Terms of Service
PLEASE READ THE TERMS OF SERVICE CAREFULLY AS THEY PROVIDE IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND RESTRICTIONS, A CLAUSE CONCERNING JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
TERMS OF SERVICE
PHEDROS provides an online platform that connects HOLISTIC Professionals offering “Products” and “Holistic Services” and customers who wish to purchase such Products or use such Holistic Services (collectively, the “Services”), all of which are accessible at https://www .phedros.com (collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (the “Terms”), whether or not you become a registered user. These Terms govern your access to and use of the Site and Services and all Collective Content (as defined below) and constitute a binding agreement between you and PHEDROS. Please also read our Privacy Policy carefully, at https://www.phedros.com/privacy-and-cookies-policy/. If you do not agree to these Terms, you will have no right to obtain information from or otherwise continue to use the Site or Services. Failure to comply with these Terms in your use of the Site, or the Services may result in civil and criminal penalties for you.
THE SITE AND SERVICES INCLUDE AN ONLINE PLATFORM THROUGH WHICH PROFESSIONALS CAN CREATE ADVERTISEMENTS RELATING TO HOLISTIC PRODUCTS AND SERVICES AND CUSTOMERS CAN INFORM ABOUT AND PURCHASE SUCH PRODUCTS OR BOOK SUCH SERVICES DIRECTLY WITH PROFESSIONALS. YOU UNDERSTAND AND AGREE THAT PHEDROS IS NOT A PARTY TO ANY CONTRACT BETWEEN PROFESSIONALS AND CUSTOMERS AND PHEDROS HAS NO CONTROL OVER THE CONDUCT AND HEALTH OF CUSTOMERS, OTHER USERS OF THE SITE AND PROFESSIONALS OR THEIR SPECIFIC TRAINING, AND EXCLUDES ALL LIABILITY IN THIS SENSE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Key terms
“PHEDROS Content” means all Content that PHEDROS makes available through the Site or Services, including any Content licensed from a third party, excluding Registered User Content.
“Booking Acceptance Time” means the period of time, starting from the booking request by a Client (as determined by PHEDROS in its discretion), during which a Professional may decide whether to confirm or reject the booking request , as established on the Site. Different Booking Acceptance Times may apply to different Services.
“Collective Content” means Registered User Content and PHEDROS Content.
“Content” means text, graphics, images, music, software, audio, video, information or other material.
“Customer” means a registered User who requests a Professional to book a Service or purchase a Product through the Site.
“Professional” indicates a registered User who publishes his profile and at least one Advertisement via the Site.
“Registered User” means a person who completes the PHEDROS account registration process, including but not limited to Professionals and Customers, as described in the “Account Registration” section below.
“Holistic Services” means the services of Professionals to Clients.
“Products” means documents, books, videos and audio with holistic content that are made available by Professionals to Clients via the Site.
“Advertisement” means a holistic Product or Service indicated as available for purchase or booking by a Professional via the Site.
“Registered User Content” means all Content that a Registered User posts, uploads, publishes, forwards, transmits or includes in their Listings or profile to be visible through the Site.
“Tax” or “Duties” means any sales taxes, value added taxes (VAT), any other goods and services taxes, taxes (such as convention center taxes) that the provider of the Holistic Services, by law , may be required to collect and remit to the appropriate public agencies, as well as other similar indirect municipal, cantonal, federal, state and national taxes or other withholding and tax on personal or corporate income.
Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions or may require you to consent to and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of ​​the Site, or Collective Content, the latter will take precedence with respect to use of or access to that area of ​​the Site, the Services or Collective Content from you.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, OR THE SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR TO THE SITE, OR THROUGH THE SERVICES, YOU INDICATE THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, REGARDLESS OF WHETHER YOU ARE REGISTERED ON THE SITE OR NOT. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, THE SERVICES OR THE COLLECTIVE CONTENT. If you accept or agree to comply with these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such company or other legal entity to these Terms and, in such event, “You” and “Your” shall refer to and apply to such company or other legal entity
Changes
PHEDROS reserves the right, in its sole discretion, to modify the Site, or the Services or to modify these Terms, including the fees for the Services at any time and without prior notice. If we change these Terms, we will post those changes on the Site or otherwise provide you with notice of the change. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we post a change to the Site or send you notification of a change, you indicate that you agree to be bound by such modified Terms. If you find such changes unacceptable, your only recourse will be to cease use of the Site and Services in question.
Eligibility
The Site and Services are intended only for persons 18 years of age or older. Any access to or use of the Site or Services by anyone under the age of 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are at least 18 years of age.
Operation of the Site and Services
The Site and Services may be used to facilitate the posting of advertisements and the purchase or reservation of Services or other items (the “Services”). These Services are included in the Advertisements of the Site, of the Services by the Professionals. You may view the Advertisements as an unregistered visitor to the Site and Services; however, if you wish to book a holistic Product or Service or create a Listing, you must register and create a PHEDROS Account (as defined below).
In accordance with what was previously indicated, PHEDROS makes available an online platform or virtual "marketplace" with related technology so that Customers and Professionals meet online and agree on the purchase or booking of Services directly between them. PHEDROS is not the owner or manager of Services of any nature but a pure intermediary. Unless expressly indicated otherwise on the PHEDROS platform, PHEDROS' responsibilities are limited to: (i) making the Site available and (ii) acting as each Professional's provisional payment collection agent for the purpose of accepting payments from Clients to name and on behalf of the Professional.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE INTERACTION BETWEEN PROFESSIONALS AND CUSTOMERS AND THE PURCHASE OF PRODUCTS OR BOOKING OF SERVICES DIRECTLY BETWEEN THEM. PHEDROS DOES NOT AND CANNOT CONTROL THE CONTENT INCLUDED IN THE ADVERTISEMENTS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY HOLISTIC PRODUCT OR SERVICE. PHEDROS IS NOT RESPONSIBLE FOR AND EXCLUDES ANY LIABILITY IN CONNECTION WITH ALL ADVERTISEMENTS AND PRODUCTS AND SERVICES. ACCORDINGLY, ANY PURCHASE OR RESERVATION WILL BE MADE OR ACCEPTED AT THE REGISTERED USER'S SOLE RISK.
Account Registration
In order to access certain functions of the Site, as well as to book a holistic Product or Service or create an Advertisement, you must register and create an account (“PHEDROS Account”) and become a Registered User. You can register to use the Services directly through the Site or as described in this section.
You may also register by logging into your account on certain third-party social networking sites (“SNS”) (including, without limitation, Facebook); each such account is referred to as a “Third Party Account,” whether through our Site or as described below. As an integral part of the functionality of the Site and the Service. You may link your PHEDROS Account to Third Party Accounts by: (i) providing your Third Party Account with PHEDROS login information through the Site and Services; or (ii) allowing PHEDROS to access your Third Party Account, as permitted under the applicable terms and conditions that govern your use of each such Third Party Account. You represent that you have the right to disclose your Third Party Account login information to PHEDROS and/or to allow PHEDROS access to your Third Party Account (including, without limitation, for use in accordance with purposes described herein), without violating any of the terms and conditions governing your use of the applicable Third Party Account and without obligating PHEDROS to pay any fees, or making PHEDROS subject to any usage limits imposed by such Service provider Part Three. By allowing PHEDROS access to any Third Party Account, you understand that PHEDROS will access, make available and store (if applicable) any Content you provide and store in your Third Party Account (“SNS Content”) so that it is available through the Site and Services through your PHEDROS Account and your PHEDROS Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be deemed Registered User Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings you select in such Third Party Accounts, personally identifiable information posted to such Third Party Accounts will be available on and through your PHEDROS Account on the Site, on Services. Please note that if a Third Party Account or an associated Holistic Product or Service becomes unavailable, or PHEDROS's access to such Third Party Account is terminated by the third party Service provider, the Content SNS will no longer be available on and through the Site and Services. You have the right to disable the connection between your PHEDROS Account and Third Party Accounts at any time by accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIPS WITH THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH THE THIRD PARTY ACCOUNTS ARE GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH THIRD PARTY SERVICE PROVIDERS. PHEDROS makes no effort to analyze any SNS Content for any reason, including, without limitation, for accuracy, legality, or non-infringement thereof, and PHEDROS is not responsible for any SNS Content.
In order for you to use the Site, your PHEDROS Account and your PHEDROS Account profile page will be created based on the personal data you provide to us or that we obtain through an SNS, as indicated above. You may not have more than one (1) active PHEDROS Account. You agree to provide accurate, complete and current information during the registration process and to update such information to keep it accurate, current and complete. PHEDROS reserves the right to suspend or terminate your PHEDROS Account and access to the Site and Services in the event that you create more than one (1) PHEDROS Account or in the event that any information provided during the registration process or later proves to be inaccurate, untrue, not current or incomplete. You are responsible for protecting your password. You represent that you will not disclose your password to any third party and that you will assume sole responsibility for any activities or actions related to your PHEDROS Account, whether or not you have authorized such activities or actions. You will immediately notify PHEDROS of any unauthorized use of your PHEDROS Account.
Ads for Holistic Products and Services
As a PROFESSIONAL, you have the right to create your profile and Advertisements. To create a Listing, you will be asked a series of questions via a listing for the holistic Product or Service being advertised, including, but not limited to, features, availability and pricing, as well as related rules and financial terms. In order to be included in the Advertisements through the Site and Services, the Advertisements will be made publicly available through the Site and Services. Other registered Users will be able to purchase Products or book holistic Services via the Site, based on the information provided in the Advertisements. You understand and agree that when a Customer requests the purchase or reservation of a holistic Product or Service, you may not ask the Customer to pay a higher price than that indicated in the purchase or reservation request.
You acknowledge and agree that you are solely responsible for all Advertisements and Content that you post. Accordingly, you represent and warrant that the Advertisements you post, the purchase or reservation of a holistic Product or Service, (i) will not violate any agreement concluded by you with any third party, such as agreements with professional associations, and (ii ) (a) will comply with all applicable laws (such as local laws and laws governing the Holistic Services being performed), tax requirements, rules and regulations applicable to any Holistic Services included in a Listing published by You (including obtaining all necessary permits, licenses and registrations) and (b) will not conflict with the rights of any third party. Please note that PHEDROS assumes no responsibility for Customer's compliance with any third party agreements or obligations, applicable laws, rules and regulations. PHEDROS reserves the right, at any time and without prior notice to you, to remove or disable access to any Listing for any reason, including Listings that PHEDROS, in its sole discretion, deems objectionable for any reason, in violation of the these Terms or current PHEDROS Policies or otherwise harmful to the Site or Services.
You understand and accept that PHEDROS is not acting as a holistic practitioner. If a Client purchases a Product or requests a booking of Your holistic Service, any agreement concluded with such Client is an agreement between the Client and the Professional, and PHEDROS is not a party to such agreement. Notwithstanding the foregoing, PHEDROS acts as a provisional payment collection agent authorized by the Professional for the purpose of receiving, on behalf of the Professional, payments from Clients in the amount stipulated by the Professional (including fees and/or Duties).
When you create a Listing, you may choose to include certain requirements that must be met by Registered Users to be eligible to request the purchase or reservation of your holistic Product or Service, such as requiring a profile photo or number verified phone number. Any registered User who wishes to purchase or book a holistic Product or Service included in the Listings that meet these requirements will have to comply with them. Further information on how to set these requirements is available in the "Professional Area" section of the Site.
If you are a Professional, you acknowledge and agree that you are responsible for your own acts or omissions, as well as for the acts or omissions of any individual who is present during the performance of the Holistic Service at your request or invitation, excluding the Client ( and individuals accompanying the Customer).
PHEDROS advises Professionals to take out the most appropriate insurance for their Services, which guarantees that they have adequate Civil Liability (RC) insurance in any case. Please review carefully any insurance policy you hold relating to the Holistic Product or Service and in particular please ensure that you are familiar with the insurance policy, understand any exclusions and any deductible items applicable to such insurance policy, including, to purely by way of example, whether or not said policy will cover the actions or omissions of Customers (and individuals accompanying the Customer, if applicable) during the purchase or performance of the Holistic Product or Service.
The Professional who organizes seminars or conferences or courses or individual sessions does so in full autonomy, and is therefore also solely responsible, if these are due, for the payment of any taxes or contributions and is also responsible, if these are necessary for the carrying out its activity, requesting and obtaining the relevant permits or authorizations necessary for carrying out the same, as PHEDROS, being only an intermediary, does not carry out any checks in this regard and does not assume any responsibility. We therefore exclude any liability of PHEDROS for the payment of any tax or social or other contribution payable by the professional who hereby recognizes that he is solely responsible for the payment of the same.
PHEDROS can offer Professionals the paid possibility of having a photographer take photographs to publish on the site. If a Professional decides to request a photographer for this purpose, the photographs taken may be included in the Advertisement with a mark or label indicating “Photo Verified by PHEDROS.com” or similar (“Published Images”). You agree that you are solely responsible for ensuring that your Advertisement is represented faithfully and truthfully, including in the Images published. You acknowledge that you are solely responsible for the use of the Verified Images and you represent and warrant that you will cease to use such images or any other images if they no longer faithfully represent your Ad. All images, materials and content created by photographers, including Posted Images, constitute PHEDROS Content, regardless of whether they are actually included in the Advertisement. You consent to the use by PHEDROS of the Images published for promotional, marketing, commercial or other purposes relating to economic activity, in any means of communication or platform, whether in relation to your Advertisement or otherwise, without the need of further notifications or compensation.
If the photo is provided directly by the Professionals, they hereby authorize its publication on any page of the site free of charge and guarantee that they are in possession of the rights of use.
Lack of approval
In its sole discretion, PHEDROS may decide not to approve the publication of any Content or holistic Product or Service proposed by a Registered User. You understand that the Images published are intended solely to indicate a photographic representation of the holistic Product or Service or of the Professional at the time the photograph was taken. The Images published therefore do not constitute an endorsement by PHEDROS towards any registered User or holistic Product or Service. Registered Users are required under these Terms to provide accurate information and while PHEDROS may carry out additional checks to help verify or control user identities and information, it does not guarantee, confirm or endorse any Registered User, information or the presumed identity or professional training of any of them.
Any reference on the Site or Services to a Registered User being “verified” or “connected” (or similar indications) indicates only that the Registered User has completed the relevant verification process and does not demonstrate anything else. These indications do not constitute an endorsement, certification or guarantee by PHEDROS of any Registered User, of his/her identity or that the Registered User is reliable, safe or suitable. Rather, such information is intended as useful information that you may consider in making decisions regarding the identity and suitability of individuals you contact or interact with through the Site and Services. We therefore recommend that you always exercise due diligence and attention when deciding whether to purchase or use a holistic Product or Service from a Professional, accept a booking request from a Customer or have any other type of contact with any other registered User, always under its sole responsibility. Except as provided in the PHEDROS Professional Guarantee Terms (“PHEDROS Professional Guarantee”), which constitutes an agreement between PHEDROS and Professionals, we are not responsible for any damages of any nature arising from the Professional's interactions with other Users sign in.
By using the Site, or the Services, you agree that any legal remedy or liability you seek to obtain for the acts or omissions of other Registered Users or other third parties will be limited to a claim against the relevant Registered User or the other third party responsible for the damage. By accepting this agreement you agree that you will not under any circumstances attempt to impose liability or seek any legal remedy against PHEDROS in relation to any such actions or omissions. Accordingly, we encourage you to communicate directly with other registered Users on the Site and Services regarding any booking or Listing made by you. This limit does not apply to any claims by a Professional against PHEDROS, relating to the remittance of payments that PHEDROS receives from a Client in the name and on behalf of the Professional and which should instead be subject to the limits described in the following section entitled “Limited Liability”.
Reservations and financial terms
Key definitions
“Holistic Product or Service Price” means the sums owed by a Customer and payable in respect of the Customer's purchase or use of a Holistic Product or Service. Only the Professional, and not PHEDROS, is responsible for establishing the Price of the holistic Product or Service relating to his Advertisement. The Professional decides at his discretion whether to include in this amount (i) the expenses allowed by the PHEDROS platform, or (ii) any Taxes that the Professional collects.
“Professional Fee” means the costs that PHEDROS charges a Professional for using the Services, which are calculated as a percentage of the Price of the applicable holistic Product or Service. The Professional's Commissions will be represented to the latter via email when he publishes his first Client Advertisement.
“Total Price” means the sum of the Price of the holistic Product or Service and the Customer Fees plus any taxes.
Reservations and financial terms for Professionals
If you are a Professional who is requested to make a booking for your holistic Product or Service via the Site or Services, you may be asked to confirm or decline such booking request within the Purchase or Booking Acceptance Time, otherwise, the booking request will expire automatically. When a booking is requested through the Site, or the Services, we will share with you (i) the name and surname of the Customer who requested the booking. If You are unable to confirm or decide to decline a booking request for a Holistic Service within the Booking Acceptance Time, no amount for the requested booking will be charged to the applicable Customer's credit card. When you confirm a reservation requested by a Customer, PHEDROS will send an e-mail and possibly another communication confirming such reservation. Following this communication the customer is invited to proceed with payment.
PHEDROS will collect the Total Price at the time of booking confirmation (i.e., when the Professional confirms the booking) and will present the statement of the Services provided by the Professional (less the Professional's Commission and any taxes (such as VAT, in Europe) to the Professional within 5 days from the end of the month in which the services were performed (except in the case of reimbursement to the Client). The Professional will issue an invoice to the client and PHEDROS will issue an invoice to the professional relating to the amount withheld for commissions. The time necessary for To receive invoice payments may vary depending on the payment method chosen by the Professional. Some methods (e.g. international bank transfers and Paypal) include the use of third-party payment processors, which may charge the Professional their additional costs for the use of their Services, also through the deduction of the same from the amount of the transaction.
If you owe or agree to pay any sum to PHEDROS (whether as a result of a booking or actions as a Customer or otherwise), then PHEDROS may (but shall not be obliged to) withhold the amount due to PHEDROS from any payment due to you in as a Professional and use this sum in compensation with what you owe to PHEDROS. In the event that PHEDROS exercises this right, your obligation to pay PHEDROS will be extinguished in the amount corresponding to the amount withheld by PHEDROS and PHEDROS will no longer have any obligation towards you (including, for example, any payment obligation) with reference to the amount withheld. In addition to the amount due, if your account has any delinquent payments or chargebacks, you may be charged the costs of our collection of such delinquent payments and chargebacks. These costs may include collection taxes, service charges or other third-party charges. You expressly agree that all communications regarding delinquent accounts will be made via email or telephone, using the contact details you have provided to PHEDROS. Such communications may be made by PHEDROS or anyone on its behalf, including but not limited to third parties responsible for debt collection.
Appointment of PHEDROS as interim payment collection agent for the Professional
By means of this document, the Professional appoints PHEDROS as its temporary payment collection agent for the exclusive purpose of receiving the Price of the Product or holistic Service from the Customers.
The Professional accepts that the payment made by a Client through PHEDROS will be considered as a payment paid directly to the Professional; the latter must make the holistic Product or Service available to the Customer in the manner agreed above, as if the Professional had received the Price of the holistic Product or Service. The Professional accepts that PHEDROS may, in accordance with the cancellation policy chosen by the same and indicated in the relevant Advertisement, (i) allow the Customer to cancel the purchase or reservation and (ii) – compensate the Customer (through PHEDROS) for that percentage of the Price of the Holistic Product or Service defined in the applicable cancellation policy. Each Professional understands that PHEDROS's obligation to pay the Professional is subject to and conditioned upon receipt of payment from Clients, given that PHEDROS accepts relevant payments made by Clients as a provisional payment collection agent. PHEDROS does not guarantee payments to Professionals of amounts which have not been correctly paid by the relevant clients to PHEDROS. In accepting the appointment as the Professional's authorized provisional agent, PHEDROS assumes no responsibility for any actions or omissions of the Professional.
Please note that PHEDROS does not currently charge fees for creating Ads. However, each Professional acknowledges and agrees that PHEDROS reserves the right, in its sole discretion, to charge and collect fees from you for the creation of Listings. Please note that PHEDROS will provide notification of any commission collection for Ads through the Site and Services prior to implementing this feature.
Reservations and financial terms for Customers
Professionals, and not PHEDROS, are solely responsible for honoring any confirmed booking and making available any holistic Product or Service booked through the Site and Services. If you, as a Client, choose to enter into a transaction with a Professional for the purchase or booking of a holistic Product or Service, you understand and accept that you will be required to enter into an agreement with the Professional and undertake to accept any terms, conditions, rules and restrictions associated with such Holistic Product or Service imposed by the Practitioner. You acknowledge and agree that responsibility for fulfilling the obligations of such agreements lies with you and not with PHEDROS, that PHEDROS is not a party to such agreements and that, except for payment obligations hereunder, it excludes all liability arising from or relating to such agreements. You acknowledge and agree that regardless of whether PHEDROS is not a party to the agreement between you and the Practitioner, PHEDROS will act as the Practitioner's payment collection agent for the sole purpose of accepting payments from You on its behalf and for its own account. I count. Following your payment to PHEDROS of the Total Price, your payment obligation to the Professional for the Price of the holistic Product or Service will be extinguished and PHEDROS will be responsible for paying the Professional the Price of the holistic Product or Service (deducted the Professional's Fee and related Taxes, such as VAT), in the manner described in these Terms. In the event that PHEDROS does not pay such sums as described in these Terms, the Professional may take action exclusively against that PHEDROS company.
The Total Price to be paid will be represented to the Customer before the latter forwards the booking request to a Professional via the Site. As previously indicated, the Professional may be asked to confirm or reject the booking request within the Acceptance Time of the purchase or reservation; otherwise, the booking request will be automatically cancelled. If the requested purchase or reservation is canceled (i.e. not confirmed by the applicable Professional), PHEDROS will not collect any amount from the Customer.
Each Client agrees to pay PHEDROS the Total Price of any booking requested in relation to its PHEDROS Account, in the event that such requested booking is confirmed by the applicable Professional. In order to secure a reservation pending confirmation from the applicable Professional, you understand and agree that PHEDROS, for and on behalf of the Professional, reserves the right, in its sole discretion, to (i) obtain a pre-authorization through the your credit card for the Total Price, or (ii) charge your credit card a nominal amount, not exceeding one Swiss franc (CHF1), or a similar sum in the currency in which the transaction is made (for example, a euro or one pound sterling) in order to verify your credit card. As a general rule, PHEDROS will collect the Total Price due upon receipt by PHEDROS of confirmation of the purchase or booking from the applicable Professional; where necessary, the Total Price may be collected at a later time. Please note that PHEDROS cannot control any fees charged to a Customer by its bank in respect of PHEDROS's collection of the Total Price and PHEDROS excludes any liability in this regard.
In connection with your requested purchase or reservation, you will be asked to provide customary billing information, such as, for example, name, billing address, social security number and credit card information to PHEDROS or the third party processing payments . You agree to pay PHEDROS for any confirmed reservations made in connection with your PHEDROS Account in accordance with these Terms by one of the methods described on the Site, such as through PayPal or by credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of the booking request process. PHEDROS indirectly, through a third party providing online payment processing services or by means of one of the payment methods described on the Site. If you are referred to a third party providing payment processing services to PHEDROS, you may be subject to to the terms and conditions governing the use of the services and personal data collection practices of such third party. Please review these terms and conditions and privacy policy before using the services. Once you complete your confirmed purchase or booking transaction, you will receive a confirmation email summarizing such confirmed purchase or booking.
Professional Commissions
As consideration for the use of the platform and the marketplace, PHEDROS charges the payment of the Professional Fees. Where applicable, Taxes (such as VAT in Europe) are also charged in relation to the Professional Fees. PHEDROS deducts the Professional Fees from the Price of the Holistic Product or Service before paying the compensation to the Professional as described in these Terms.
The balances will be paid by PHEDROS to the Professional by bank transfer, PayPal, or any other payment method, as agreed directly between PHEDROS and the professional via email, in the currency agreed between PHEDROS and the Professional at the time of registration or at a later time by email. Amounts may be rounded down or up as described in the "Rounding" section below.
Please note that PHEDROS may apply or deduct foreign currency processing charges on or from any payments made or received by PHEDROS in currencies other than Swiss Francs. Further information on such costs or deductions will only be available upon specific request via email. Except as otherwise provided herein, Professional Fees are non-refundable.
General financial and booking terms
Cancellations and refunds
If, as a Customer, you cancel the requested booking before it is confirmed by a Professional, PHEDROS will not charge you any amount. If, as a Customer, you wish to cancel a purchase or booking confirmed through the Site and Services, the cancellation policy of the Professional contained in the applicable Advertisement will apply to such cancellation. Our ability to refund you the Price of the Holistic Product or Service and other amounts charged will depend on the terms of the applicable cancellation policy. Detailed information on refund and cancellation policies is available through the Site and Services.
If a Professional cancels a booking confirmed through the Site, or the Services, (i) PHEDROS will refund the Total Price for such cancellation to the applicable Customer within a commercially reasonable period of time of cancellation and (ii) the Customer will receive an e-mail -mail or other communication from PHEDROS containing Alternative Services and other related information. If the Customer requests a booking from one of the alternative Listings and the Professional associated with that alternative Listing confirms the purchase or booking requested by the Customer, the Customer will agree to pay PHEDROS the Total Price related to the confirmed purchase or booking for the Product or Holistic Alternative Listing Service, in accordance with these Terms. If a Professional cancels a confirmed booking and you, as a Client, do not receive an email or other communication from PHEDROS, please contact PHEDROS via the contact form on the Site or by email to info@phedros.com.
If, as a Professional, you cancel a confirmed booking, you agree that PHEDROS may apply penalties or other sanctions to you or your Listings, including (i) posting a review on your Listings indicating that a booking has been cancelled, ( ii) make your Listings calendar unavailable or blocked for the dates affected by the canceled purchase or reservation, or (iii) impose a penalty (to be withheld from future payments to you). Before you decide to cancel a booking, the circumstances in which the payment of a penalty may apply will be communicated.
In some circumstances, PHEDROS may decide, in its sole discretion, that it is necessary or preferable to cancel a reservation made through the Site and Services. This can happen for any reason. PHEDROS may also decide, at its sole discretion, to reimburse Customers for part or all of the expenses incurred, in accordance with the Customer Refund Policy. You agree that PHEDROS, the Clients and the Professional shall have no liability for such cancellations and refunds.
If you are a Professional and your Client cancels a confirmed booking or PHEDROS decides that it is necessary to cancel a confirmed booking and PHEDROS issues a refund to the Client in accordance with the Customer Refund Policy or other applicable cancellation policy, you agree that, if you have already received the payment, PHEDROS will have the right to recover from you the amount of the refund made to the Customer, also withholding the same from any future payment relating to the Price of the Product or holistic Service due to you.
Periodic Payments
In some cases, Customers may be required to make periodic payments, incremental to the Total Price due for a confirmed booking prior to fulfillment of the applicable holistic Product or Service (collectively, the “Recurring Payments”). Additional information about Recurring Payments will be made available through the Site and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Client authorizes PHEDROS to collect, for and on behalf of the Professional, the Total Price and the Professional agrees that PHEDROS may make payments to him, in the associated increments and frequency to the applicable Recurring Payments, each as identified on the Site and Services.
Roundings
PHEDROS may, in its sole discretion, round down or up amounts to be paid by or to Clients or Professionals to the nearest whole numerical functional unit in which the currency is indicated (for example, to the nearest Swiss franc, to the euro or other relevant currency); By way of example, PHEDROS will be able to round an amount of CHF101.50 to CHF102.00 and of CHF101.49 to CHF101.00.
Some currencies are denominated in large numbers. In those cases, PHEDROS can determine on a basis of 10, 100 or 1,000 the functional unit with which these currencies are denominated; By way of example, for these currencies Phedros could round by excess 1.045 to 1.050 and in defect 1.044 to 1.040, or 35.450 for excess 3500 and 35.449 per defect at 35.400, or 837.500 for excess at 838,000 and 837.499 for defect at 837,000.
Payment Processing Errors
We will take steps to correct any errors in payment processing that we become aware of. Such measures may include crediting or debiting (as necessary) the same payment instrument used by you for the original payment, so as to enable you to pay or receive the correct amounts.
Donations
Some Professionals may promise to donate a portion of the funds they receive from bookings confirmed through the Site and Services to a particular cause or charity. We do not assume responsibility for the actual donation promised by the Professional. In such cases, the Professional in question is responsible for complying with all laws and regulations applicable to such donations and fundraising.
Taxes
If you are a Professional, you declare that you are not a taxable person in the USA and undertake to immediately communicate to PHEDROS any change in this status.
Tax regulations make it necessary to collect specific information from our Professionals or withhold taxes from amounts payable to Professionals. For example, if the Professional does not have a VAT number, he can issue a tax receipt without withholding tax for Italy, or an Italian Professional who comes to Switzerland to hold a conference is subject to withholding taxes in Switzerland. You, as a Professional, are solely responsible for the currency, completeness and accuracy of the information contained in your tax forms. If you, as a Professional, do not provide us with documentation deemed sufficient by us to waive any obligation to withhold taxes from payments due to you, we reserve the right, in our sole discretion, to block all payments due to you until the matter is resolved, to withhold such amounts as required by law, or to do both.
You, as a Professional, understand and agree that you are solely responsible for determining (i) your applicable tax reporting obligations and (ii) the Taxes that should be included, your inclusion and obligations relating to applicable Taxes in the Advertisements . The Professional is also solely responsible for the payment to the relevant authorities of the Taxes received or applied by him. PHEDROS cannot and will not offer tax advice to any Registered User.
Where relevant, or upon request of a Professional, PHEDROS may issue a regular invoice to said Professional.
You acknowledge and agree that the relevant government agencies and authorities and public offices (“Tax Authority”) of the place where Your Product or Holistic Service is performed may impose the collection of Taxes from Customers or Professionals, applied to the amounts paid for the right to use and/or occupy the Services and to be paid to the competent Tax Authority. Laws may vary in different jurisdictions, but such taxes may be expected to be collected and remitted in the amount of a percentage of the Price of the holistic Product or Service set by the Practitioner, or in other measures and are sometimes referred to as “, “Product and Services”, “sales and use taxes”, “value added taxes”, (hereinafter, “Product and Service Taxes*”).
General Provisions on Taxes on Products and Services
Professionals and Customers remain solely responsible for collecting and/or remitting all Product and Service Taxes that may apply to the Services.
Professionals and Customers acknowledge and agree that PHEDROS does not collect or remit Product and Service Tax on their behalf and nothing in this Agreement shall be construed as a representation or warranty that PHEDROS will collect or remit any country, including any specific jurisdiction.
Foreign currency
The PHEDROS Online Platform facilitates bookings between Customers and Professionals who may wish to pay and receive payments in different currencies, which may require conversion into foreign currencies. While the PHEDROS platform allows users to view the price of Ads in a number of currencies, the available currencies in which you can make and receive payments may be limited and may include the default currency of a specific geographic location.
Each foreign currency conversion is carried out with a certain conversion rate. This rate generally refers to the amount in one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it takes 113.00 Swiss francs to buy 100.00 euros, the currency conversion rate of Swiss francs to euros is 1.13 and the currency conversion rate of euros to Swiss francs is 0.88495575. Currency Conversion Rates may vary from time to time.
Key definitions
“Displayed Currency” means the currency in which users view the prices of Ads on the PHEDROS platform. Customers can choose to change the Display Currency to view the price of a Listing in a range of different supported currencies.
“Purchase or Reservation Currency” means the currency in which a Customer must pay for his purchase or reservation. When the Customer sends a booking request, the PHEDROS platform uses the currency Displayed as the Purchase or Booking Currency and the Customer can decide to change the Purchase or Booking Currency directly on the Site. PHEDROS only supports a certain number of currencies such as Purchase or Reservation Currencies. The Purchase or Booking Currency may therefore be different from the Ad Currency.
“Advertisement Currency” means the currency in which the price of an Advert is set. The Ad Currency is set by PHEDROS.
“Payment Currency” means the currency in which the amounts due to the Professional will be paid. The Payment Currency is agreed between PHEDROS and the Professional.
“Base Exchange Rate” means a system-wide rate used by PHEDROS for foreign currency conversion in effect at the time the currency is converted and does not include any fees or margins by PHEDROS. PHEDROS establishes the Base Exchange Rate using data from one or more third parties, for example Google Finance (<a href="http://www.google.com/finance">http://www.google.com/ finance</a>).
“Regulated Exchange Rate” means a foreign currency conversion rate that is calculated by adding a surcharge to the Base Exchange Rate. This increase represents a charge imposed by PHEDROS for its participation costs and exchange rate risks.
Foreign currency conversion on the PHEDROS platform
PHEDROS will perform a foreign currency conversion in the following situations:
The Displayed Currency is different from the Ad Currency when a user views the Ad: in this case PHEDROS will calculate the Total Price in the Displayed Currency, applying the Base Exchange Rate or the Adjusted Exchange Rate at the time of viewing to the Total Price in the Ad Currency. The Adjusted Exchange Rate will be applied if the Displayed Currency is a system-supported Purchase or Booking Currency and if it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied. The Purchase or Booking Currency is different from the Listing Currency when a Customer makes a purchase or booking: in this case PHEDROS will calculate the Total Price in the Purchase or Booking Currency, by applying the Base Exchange Rate or the Adjusted Exchange Rate at the time of the booking request to the Total Price in the Listing Currency. The Customer will be able to view the actual exchange rate applied. The Adjusted Exchange Rate will apply if the Displayed Currency is the same as the Purchase or Booking Currency, but different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied.
The Payment Currency is different from the Ad Currency when PHEDROS initiates the payment: in this case, generally PHEDROS will calculate the amount due to the Professional, applying the Base Exchange Rate of the Price of the Holistic Product or Service on the date of initiation of the payment by PHEDROS (less PHEDROS Professional Fees and any related Fee Taxes, such as VAT) in the Listing Currency. The Professional will be able to view the actual exchange rate applied to the transaction history on the Site. In some cases where the payment method selected by the Professional involves the involvement of third-party payment processors (such as Paypal), (i) PHEDROS will send the payment to the processor in a primary currency (for example Swiss francs), by applying the Base Exchange Rate for the Ad Currency to such primary currency, (ii) the Professional will be able to view the amount of the payment sent by PHEDROS in such major currency in your payment history on the Site or (iii) the Processor will calculate the actual amount owed to the Professional by applying its own foreign currency conversion rate for that primary currency to the Payment Currency.
Where a confirmed booking is changed or canceled and there had been a foreign currency conversion at the time the booking was made: in this case the foreign currency conversion for any additional payments required by the Customer or any refund to the Customer will be assessed according to the exchange rate in effect at the time of the Customer's change.
When a Customer sends a booking request, you will be able to view the Total Price in the Currency of Purchase or Booking.
PHEDROS updates the Base Exchange Rate regularly, but not in real time. In particular, PHEDROS does not always immediately change the Base Exchange Rate when foreign currency exchange rates change. Accordingly, the Base Exchange Rate may not be identical to the market rate in effect at the specific time the foreign currency conversion is processed.
Please note that your payment company (for example, your credit card issuer) may use a currency conversion rate and may impose a currency conversion fee on your outgoing or incoming payment if the card or bank account is denominated in a currency other than the currency of such outgoing or incoming payment. Similarly, third-party payment processors may use a currency conversion rate or impose a currency conversion fee on incoming or outgoing payments, respectively. All such fees and currency conversion rates are not controlled or known to PHEDROS.
Conduct of Registered Users
You understand and agree that you are solely responsible for complying with any laws, rules, regulations and tax obligations that may apply to your use of the Site, Services and Collective Content. In relation to your use of the Site, the Services and the Collective Content, you cannot and undertake not to do the following:
violate any federal, cantonal, municipal, local, state, provincial, national or other law or regulation or any order of any court, including, without limitation, tax laws; use manual or automatic software, devices, scripts, robots, backdoors, or other means or processes to access, “scrape,” “crawl,” or “spider” web pages or other Services contained in the Site, Services, or Collective Content;
access or use our Site, the Services or the PHEDROS API to use, present, or permit to be used or presented, PHEDROS Content: (i) that is not publicly displayed by PHEDROS on its search results pages or on the advertisement pages before confirming a booking; (ii) in any way that is inconsistent with the PHEDROS Holistic Product or Service Privacy Policy and Terms; or (iii) in any way that otherwise violates the privacy rights or any other rights of PHEDROS users or any third party.
use the Site, Services or Collective Content for any commercial or other purposes that are not expressly authorized by these Terms;
copy, store or otherwise access or use any information contained on the Site, Services or Collective Content for any purpose not expressly authorized by these Terms;
violate the rights of any person or entity, including, without limitation, intellectual property rights, privacy, publicity or contract rights;
interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancelbots, Trojan horses, harmful code, flood pings, denial-of-service attacks, bakdoors, IP packets or IP spoofing, routing counterfeit or email address information or similar methods or technologies;
use our Site and Services to transmit, distribute, publish or forward any information concerning any other person or entity, including, without limitation, photographs of others without the permission of the interested parties, personal contact information or credit or debit cards, prepaid cards or bank account numbers;
use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertising unrelated to the Holistic Product or Service in private homes;
stalk or harass any other user of our Site, Services or Collective Content, or collect and store any personally identifiable information about any other user for any purpose other than transacting as a Client or Professional with PHEDROS;
offer, as a Professional, any holistic Product or Service not owned by you and that you do not have permission to propose or otherwise (without limitation to the foregoing, you will not post Service Advertisements as a Professional if you serve as a collaborator for a third party);
register for a PHEDROS Account on behalf of an individual other than yourself;
request or book a Holistic Product or Service if you do not have the actual intention of using it, unless otherwise authorized by PHEDROS;
contact a Professional for any purpose other than asking questions related to such Professional's booking, Services or Listings;
contact a Customer for any purpose other than asking questions related to the purchase or reservation or the Customer's use of the Site and Services;
recruit, or otherwise solicit any Professional or other Registered Users, to join third party services competing with PHEDROS, without PHEDROS's prior written consent;
impersonate any person or entity, or falsely or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;
use the Site, Services or Collective Content to find a Professional or Customer and subsequently complete the purchase or booking of a holistic Product or Service independently of the Site, or Services in order to circumvent the obligation to pay any Service Fee related to the provision of the Services by PHEDROS;
submit, as a Professional, any Advertisement containing a false or misleading price, or publish any Advertisement with a price that you do not intend to honor;
post, upload, submit or transmit any Content that: (i) infringes, misappropriates, or violates any patent, copyright, trademark, trade or industrial secret, moral or other intellectual property right, or right of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or that could give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, intolerance, racism, hatred, harassment or harm against groups or individuals; (vi) is violent or threatening, or promotes violence or actions that are threatening to other people; or (vii) promotes illegal or harmful activities or substances;
systematically acquire data or other content from our Site and or the Services to create or compile, directly or indirectly, in single or multiple downloads, collections, compilations, databases, directories or the like, whether by manual methods or through the use of bots, crawler, spider or otherwise;
use, display, make accessible through mirroring or framing practices the Site, the Services or the Collective Contents or any single element within the Site, the Services or the Collective Contents, the name of PHEDROS, any commercial trademark of PHEDROS, the logo or other information, or the layout and design of any page or form contained on a page of the Site, or the Services, without the express written consent of PHEDROS;
access, tamper with, or use non-public areas of the Site, the Service(s), PHEDROS computer systems, or PHEDROS suppliers' technical delivery systems;
attempt to probe, scan or test the vulnerability of any PHEDROS system or network, or to breach any security or authentication measures;
avoid, bypass, remove, deactivate, damage, descramble or otherwise circumvent any technological measures implemented by PHEDROS or any of PHEDROS' providers or any third party (including another user) to protect the Site, the Services, or the Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, or Collective Content to send altered, misleading or false information identifying the source;
attempt to decipher, decode, uninstall or decompile any software used to provide the Site, Services, Collective Content; or
advocate, encourage, or assist any third party in engaging in any of the foregoing.
accept or make a payment of the Price of a holistic Product or Service outside of the PHEDROS system. In such circumstances you acknowledge and agree that: (i) you are violating these terms; (ii) accepts all risks and liabilities associated with such payment; and (iii) agrees to hold PHEDROS harmless from any liability in relation to such payment.
PHEDROS has the right to investigate and bring legal proceedings in the event of a breach of any of the above provisions to the fullest extent permitted by law.
PHEDROS may access, preserve and disclose your information if it is required to do so by law, or if it believes in good faith that this is reasonably necessary to (i) respond to complaints against PHEDROS or comply with procedural orders, (e.g. quotes or warranties), (ii) implement and administer our agreements with users, such as these Terms, (iii) for purposes of fraud prevention, risk assessment, investigation, customer service, product development and bugs; or (iv) protect the rights, property, or safety of PHEDROS, its users, or Registered Users of the public. You acknowledge that PHEDROS has no obligation to monitor your access to or use of the Site, Services or Collective Content, or to analyze or edit any Registered User Content, but has the right to do so for the purpose to manage and improve the Site and Services (including, for example, for the purposes of fraud prevention, risk assessments, customer service), to ensure your compliance with these Terms, to comply with applicable law or with a resolution of a court, administrative agency or other government body, to respond to content that it otherwise deems objectionable or as provided in these Terms. PHEDROS reserves the right, at any time and without prior notification, to remove or disable access to Collective Content that PHEDROS, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or the Services.
Privacy
You acknowledge and agree that PHEDROS's Privacy Policy, as amended from time to time, governs PHEDROS's collection and use of your personal data.
Ownership
The Site, Services and Collective Content are protected by copyright, trademark and other laws of Switzerland and foreign countries. You acknowledge and agree that the Site, the Services and the Collective Content, including all intellectual property rights therein, are the exclusive property of PHEDROS and its licensors. You will not remove, alter or obscure any copyright notice, trademark, holistic Product or Service Mark, or other professional rights notice incorporated or present in the Site, Services, or Collective Content.
Additional Terms
Our Services include various products and offerings for which additional terms or conditions of use may apply and may apply. For example, additional terms apply if you refer new users to PHEDROS (any “Referral Programs”). Where there are additional terms for the product or Holistic Product or Service you use, those additional terms become part of these terms.
License on PHEDROS Content and Registered User Content
Subject to your compliance with the terms and conditions of these Terms, PHEDROS grants you a limited, non-exclusive, non-transferable license to (i) access and view any PHEDROS Content solely for your personal, non-commercial purposes and (ii) access and display any Content of Registered Users to whom access is permitted solely for personal, non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Terms. You are not granted any licenses or rights by implication or otherwise under any intellectual property rights owned or controlled by PHEDROS or its licensors, except the licenses and rights expressly granted in these Terms.
Contents of Registered Users
We may, in our sole discretion, allow users to post, upload, submit, send or transmit Registered User Content. By making any Registered User Content available on or through the Site and Services, you hereby grant PHEDROS a worldwide, irrevocable, perpetual (or for the term of the term of copyright protection), non-exclusive, transferable, royalty-free license , together with the right to sublicense, use, display, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit, stream, broadcast, access, view and otherwise exploit such User Content register on, through, by means of or to promote or market the Site and Services. PHEDROS does not claim any ownership rights in any such Registered User Content and nothing in these Terms will be deemed to limit any right you may have to use and exploit such Registered User Content.
You acknowledge and agree that you are solely responsible for all Registered User Content made available by you through the Site and Services. Accordingly, you represent and warrant: (i) that you are the sole and exclusive owner of all Registered User Content that you make available through the Site and Services, or that you have all rights, licenses, permissions and releases necessary to grant PHEDROS the rights to such Registered User Content as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, inputting, submitting or transmitting any Registered User Content, or PHEDROS's use of the Registered User Content (or any portion thereof) on , by or by means of the Site, or the Services will violate, misappropriate or infringe a third party's patent, copyright, trademark, trade secret, moral rights or other professional or intellectual property rights, or publicity or privacy rights, nor will it constitute a violation of any applicable law or regulation.
Links
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that PHEDROS is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or Services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PHEDROS of such websites or resources or the content, products or Services available from such websites or resources. You assume sole responsibility for, and assume all risks arising from, your use of any such websites or resources or the Content, products or Services on or available from such websites or resources.
Some parts of the PHEDROS Platform implement the Google Maps/Earth Mapping Services, including the Google Maps Application Programming Interfaces (APIs). Use of Google Maps / Earth is subject to Google's terms of use.
Proprietary Rights Notices
All trademarks, Holistic Product or Service marks, logos, trade names and any other proprietary designations of PHEDROS used herein are trade names or registered trade names of PHEDROS. All other trademarks, Holistic Product or Service marks, logos, trade names and any other proprietary designations are trade names or registered trade names of their respective parties.
Feedback
We encourage and appreciate your providing feedback, comments and suggestions for improvements to the Site, the and the Services (the “Feedback”). You can send your Feedback by sending an email or through the "Contacts" section of the Site or through reviews or articles or other means of communication. You acknowledge and agree that all Feedback you provide will be the sole and exclusive property of PHEDROS, and you hereby irrevocably assign to PHEDROS, and agree to irrevocably assign to PHEDROS, all right, title and interest in and to all Feedback, including, without limitation, worldwide patent rights, intellectual property rights, trade secrets, moral rights and other professional or intellectual property rights, and you waive any moral rights you may have in such Feedback. At PHEDROS's request and expense, you will perfect the documents and take such further actions as PHEDROS may reasonably request to assist PHEDROS in acquiring, perfecting and maintaining its intellectual property rights and other legal protections for the Feedback.
Copyright Policy
PHEDROS respects copyright law and expects its users to do the same. It is PHEDROS policy to terminate, in appropriate circumstances, the PHEDROS Accounts of Registered Users or other Account holders who repeatedly infringe, or are believed to repeatedly infringe, the rights of copyright owners.
Suspension, Termination and Deletion of PHEDROS Account
We may, in our sole discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or delete your PHEDROS Account. If we decide in our sole discretion to do so pursuant to these Terms, any or all of the following may occur with or without prior notice or cause to you: (a) your PHEDROS Account may be deactivated or suspended, your password may be disabled and may be prevented from accessing the Site, the Services, the PHEDROS Account, or the Content of Registered Users, (b) any future reservations in progress or accepted as a Professional or Client will be terminated immediately, (c) we may notify your Professionals or Clients that a potential or confirmed booking has been cancelled, (d) we may fully refund your Clients for any bookings already made, regardless of previous cancellation policies, (e) we may contact your Clients to inform them regarding possible alternative Services with other Professionals available on the Site and Services (f) You will not be entitled to any compensation for bookings (even if confirmed) that have been canceled following the suspension, deactivation or closure of your PHEDROS Account: You have you may cancel your PHEDROS Account at any time by sending us an email. Please note that, if your PHEDROS Account is deleted, we have no obligation to remove or return to you any Content posted by you on the Site and Services, including, among other things, any reviews or Feedback.
Disclaimer
IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN ANY REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT PHEDROS HAS NO OBLIGATION TO CONDUCT PERSONAL OR PRIOR CONVICTION CHECKS FOR SEXUAL OFFENSES ON ANY REGISTERED USER, INCLUDING, WITHOUT LIMITATION, PROFESSIONALS AND CUSTOMERS, BUT YOU MAY CONDUCT SUCH CHECKS ON YOUR OWN EXCLUSIVE DISCRETION. THE SITE, THE SERVICES, THE COLLECTIVE CONTENT AND THE REFERRAL PROGRAM, IF ANY, ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PHEDROS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT ARISE IN THE COURSE OF DEALING OR DERIVE FROM CUSTOM OF TRADE. PHEDROS DISCLAIMS ANY WARRANTY THAT THE SITE, , SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, ADS, OR ANY HOLISTIC PRODUCT OR SERVICE, OR REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE MANNER AND ERROR-FREE. PHEDROS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY ADVERTISEMENT, PRODUCT OR SERVICE HOLISTIC, PROFESSIONAL, CUSTOMER, SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, I SERVICES O THE POSSIBLE REFERRAL PROGRAM.
NO ADVICE OR DATA, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHEDROS OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, OR THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY PROFESSIONALS OR CUSTOMER. YOU UNDERSTAND THAT PHEDROS MAKES NO ATTEMPT TO VERIFY THE CLAIMS OF USERS OF THE SITE, OR THE SERVICES, OR TO REVIEW OR VISIT ANY HOLISTIC PRODUCT OR SERVICE. PHEDROS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT OF USERS OF THE SITE, OR THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, OR THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, OR THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES, INCLUDING, BUT NOT LIMITED TO , PROFESSIONALS AND CUSTOMERS, PARTICULARLY IF YOU DECIDE TO MEET THEM OFFLINE OR IN PERSON, REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY PHEDROS. REGARDLESS OF THE APPOINTMENT OF PHEDROS AS A TEMPORARY AGENT FOR THE COLLECTION OF PAYMENTS FROM PROFESSIONALS FOR THE PURPOSE OF RECEIVING PAYMENTS FROM CLIENTS IN THE NAME AND ON BEHALF OF THE PROFESSIONALS THEMSELVES, PHEDROS EXPLICITLY WAIVES ANY LIABILITY FOR THE ACTIONS OR OMISSIONS OF THE PROFESSIONAL IONISTIC TOWARDS CUSTOMERS O OF THIRD PARTIES.
Limited responsability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES AND COLLECTIVE CONTENT, YOUR LISTINGS, OR THE PURCHASE OR RESERVATION OF ANY HOLISTIC PRODUCTS OR SERVICES THROUGH THE SITE AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND ANY CONTACT YOU HAVE WITH OTHER PHEDROS USERS, WHETHER IN PERSON OR ONLINE, ARE YOUR RESPONSIBILITY. NEITHER PHEDROS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR PUBLISHING THE SITE, SERVICES, COLLECTIVE CONTENT OR REFERRAL PROGRAM SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, DATA OR LOSS OF GOODWILL, HOLISTIC PRODUCT OR SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM MALFUNCTION, OR FOR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY DAMAGES RELATED TO PERSONAL OR PHYSICAL INJURY OR EMOTIONAL DISTRESS DUE TO OR IN CONNECTION WITH THESE TERMS ARISING OUT OF USE OR RELIANCE YOUR INABILITY TO USE THE SITE, THE SERVICES OR THE COLLECTIVE CONTENT, FROM ANY COMMUNICATION, INTERACTION OR MEETING WITH OTHER USERS OF THE SITE, OR THE SERVICES, OR WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES OR FROM PARTICIPATION IN THE REFERRAL PROGRAM, OR FROM POSTING ADS OR RESERVING ANY HOLISTIC PRODUCTS OR SERVICES THROUGH THE SITE AND SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), LIABILITY OF THE PRODUCT OR ANY OTHER SOURCE OF LIABILITY AND WHETHER OR NOT PHEDROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY UNDER THIS DOCUMENT FAILS OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITING ANY OBLIGATIONS TO PAY AMOUNTS TO THE AFFECTED PROFESSIONALS UNDER THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE PHEDROS PROFESSIONAL GUARANTEE, IN NO EVENT SHALL PHEDROS' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND THE USE OF THE SITE and SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR ADVERTISEMENTS OR THE PURCHASE OR RESERVATION OF ANY HOLISTIC PRODUCT OR SERVICE THROUGH THE SITE and SERVICES OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT COLLECTIVELY OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY HOLISTIC PRODUCT OR SERVICE OR INTERACTION WITH ANY OTHER REGISTERED USER WILL EXCEED THE AMOUNTS PAID OR DUE BY YOU FOR RESERVATIONS MADE THROUGH THE SITE, AND THE SERVICES AS A CUSTOMER IN THE TWELVE (12) ) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED SWISS FRANCS (CHF 100), IF NONE OF SUCH PAYMENTS HAS BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN PHEDROS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU
PHEDROS CONTAINS INFORMATION AND ALLOWS YOU TO BOOK SERVICES REGARDING HOLISTIC DISCIPLINES, WHICH HAVE THE COMMON PURPOSE OF IMPROVING THE QUALITY OF LIFE THROUGH THE STIMULATION AND REBALANCING OF THE PERSON'S VITAL AND SELF-HEALING RESOURCES TO FOSTER THE ACHIEVEMENT, IMPROVEMENT AND PRESERVATION OF GLOBAL WELL-BEING ALE . SUCH SERVICES AND INFORMATION DO NOT IN ANY EVENT SUBSTITUTE THE ADVICE OF A DOCTOR OR OTHER HEALTHCARE PROFESSIONALS WHO ARE THE ONLY PERSONS LEGALLY QUALIFIED TO PROFESSION. THE PRACTICES DESCRIBED DO NOT IN ANY CASE AIM THE TREATMENT OF SPECIFIC PATHOLOGIES, THEY ARE NOT ATTRIBUTABLE TO THE PHYSICAL AND PSYCHIC TREATMENT AND REHABILITATION ACTIVITIES OF CUSTOMERS AND ACT OUTSIDE OF ANY THERAPEUTIC CONCEPT RELEVANT TO THE HEALTHCARE SECTOR. PHEDROS THEREFORE DISCLAIMS ALL RESPONSIBILITY WITH REGARD TO SUCH CONTENT AND SERVICES AS THERE IS NO GUARANTEE THAT THE INFORMATION AND SERVICES WILL HAVE ANY THERAPEUTIC EFFECTIVENESS.
You agree to release, defend, indemnify and hold PHEDROS and its officers, directors, employees and agents harmless from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, or in any way related to (a) your access to or use of the Site, Services or Collective Content or your violation of these Terms; (b) your Registered User Content; (c) any of the following actions taken by you (i) interacting with any Registered User, (ii) purchasing or booking a holistic Product or Service, or (iii) creating a Listing, including, without limitation any, any injury, loss or damage (whether for damages, direct, incidental, consequential or otherwise) of any kind whatsoever arising in connection with, or as a result of, the purchase or booking of a Holistic Product or Service and (e) participation to any Referral Program.
Reporting of misconduct
If you have purchased a holistic Product or Service through PHEDROS from a Professional through whom you believe is acting or has acted inappropriately, including but not limited to (i) engaging in offensive, violent or sexually inappropriate behavior, (ii ) suspects he has stolen, or (iii) engages in any other harassing behavior, you must immediately report such person to the competent authorities and also to PHEDROS; provided that the report does not obligate us to take action beyond that required by law (if any), or cause us to incur any liability to you.
Whole deal
These Terms constitute the entire and exclusive understanding and agreement between PHEDROS and You regarding the Site, the Services, the Collective Content and any reservations or holistic Product or Service Listings made through the Site, the Services and these Terms cancel and replace all previous agreements or understandings, oral or written, between PHEDROS and you regarding the purchase or reservation or publication of Service Advertisements, the Site, the Services and the Collective Content.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without PHEDROS's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. PHEDROS may assign or transfer these Terms, in its sole discretion without restriction. Without limiting the foregoing, these Terms will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.
Notifications
Any notification or other communication authorized or required hereunder, including those regarding changes to these Terms, will be in writing and will be made by PHEDROS (i) via email (in each case to the address provided by you) or (ii) by publication on the Site. With regard to notifications via e-mail, the date of receipt will be deemed to be the date on which such notification is transmitted.
Applicable law and jurisdiction
These Terms and your use of the Site and Services will be construed in accordance with the laws of the Swiss Confederation, without regard to any conflict of law provisions. You and we agree to submit to the personal jurisdiction of the courts of Lugano, any action for which the parties reserve the right to seek injunctive or other similar relief in a court of competent jurisdiction to prevent infringement or actual misappropriation or threatened, a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights, as set forth in the Dispute Resolution provision below. The sole and exclusive competent court for any dispute is the Court of Lugano, with the sole exception of countries that do not recognize the decisions of Swiss courts according to the Lugano Convention, in which case the court of the capital of the country in question becomes competent.
General clauses
PHEDROS' failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of such right or provision. The waiver of any such right or provision will be effective only if made in writing and signed by an appropriately authorized representative of PHEDROS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Rights of third party beneficiaries
These Terms shall not be construed as conferring rights or remedies on any party other than the Parties. Notwithstanding this, the parties agree that payment card schemes and networks are third party beneficiaries of these terms for the purposes of enforcing the payments provisions, but their consent or agreement is not required for any modification or change to these Terms .
PLEASE NOTE: IN PARTICULAR, PROFESSIONALS SHOULD UNDERSTAND THE OPERATION OF THE RELEVANT REGULATIONS IN THEIR RESPECTIVE COUNTRIES, REGIONS-CANTONS AND CITIES, PROFESSIONALS MUST REGISTER AND BE IN COMPLIANCE WITH ANY PERMITS REQUIRED BY THE COUNTRY-REGION/CANTON AND CITY WHERE THEY WORK BEFORE PUBLIC ARE AND PROVIDE ANY TYPE OF HOLISTIC PRODUCT OR SERVICE. DIFFERENT LOCAL GOVERNMENTS MAY VARY LARGELY IN THE HOW THEY APPLY THESE RULES. SANCTIONS MAY INCLUDE MONEY FINES OR OTHER MEASURES. PROFESSIONALS SHOULD CHECK LOCAL REGULATIONS BEFORE CREATING A PROFILE ON PHEDROS AND OFFERING THEIR SERVICES.
Last update date: January 2, 2024