TERMS AND CONDITIONS MOONOA

ARTICLE 1. LEGAL NOTICE

Edition of the site www.moonoa.com or www.moonoa.co.uk

The Moonoa site, accessible by electronic means at the url address www.moonoa.com is the property of Wellbeing OS VENTURES SL, a company with limited liability with a capital of 5627 euros, registered with the RCS of Barcelona, ​​Spain under the number B02778900 and of which the registered office is located at Granvia Fontpineda 72, 08753 Palleja, Spain, intra-community VAT number ESB02778900.

The contact details of Wellbeing OS Ventures SL are:

● postal address, head office: Granvia Fontpineda 72, 08753 Palleja       

● email address: support@moonoa.com       

Wellbeing OS VENTURES SL is the publisher of the aforementioned site. Moonoa is a site specializing in the design of interactive health prevention programs, using logical modeling of Behavioral and Cognitive Therapies.

 

Rather than treating symptoms alone, Moonoa's programs aim to fundamentally change behavior in order to remove the risk of relapse.

 

Each program is therefore part of a sustainable approach, by effectively addressing long-term risk behaviors and helping individuals achieve their health and well-being goals in their daily lives, using data from the user to offer him a personalized program.

The Publishing Director of the Site is Pablo Szefner, acting as President of Wellbeing OS VENTURES SL.

ARTICLE 2. DISCLAIMER

The user is informed that the information put online and provided as part of the services offered on the Moonoa site does not constitute advice or recommendations of a medical nature and can in no way replace consultations, treatments or diagnoses emanating from a health professional.

The information provided on the Moonoa site is for information only and does not exempt the user from consulting a health professional in the event of medical problems.

In the event of a conflict between a medical recommendation by a healthcare professional and any content you have read on Moonoa, the healthcare professional's recommendation should always prevail.

The user is aware that the company Wellbeing OS Ventures SL has no control over the reliability, veracity and completeness of the information provided by it. The information obtained is based on the information provided by said user.

In any case, the use of the services offered by Moonoa and in particular the personalized follow-up is reserved for people in good physical and psychological health.

The use of the Services and in particular the Moonoa Program is formally discouraged for people:

● Suffering from serious psychiatric disorders (schizophrenia, manic-depressive illness, severe depression).       

● Suffering from obstructive sleep apnea syndrome *, or restless legs syndrome ** (or restlessness of the lower limbs)       

As for people with a circadian rhythm disorder called Wake-Sleep (shift work syndrome, syndrome of rapid crossing of time zones…), this treatment would have no effect on these disorders.

* The syndrome of sleep apnea is characterized by major snoring, repeated pauses in breathing during sleep noted by the partner, daytime sleepiness, and frequently one or more awakenings to urinate, fatigue upon waking, disturbances character and mood, decreased libido.

** The syndrome of impatience of the lower limbs is characterized by unpleasant sensations sitting in the lower limbs and forcing to move the legs, beginning or worsening in periods of rest, partially or totally relieved by the movements, more severe the evening and night versus day.

As the program is reserved for treating non-medical insomnia, please make sure that the insomnia you are suffering from does not have a medical cause and that it can therefore be treated by our Behavioral Therapy program. and Cognitive Insomnia (CBT). Our CBT program may possibly accompany medical insomnia provided that the use of CBT has been previously advised or validated by your attending physician.

In case of doubt, we strongly recommend that the User consult his doctor BEFORE any subscription to a subscription on the site.

ARTICLE 3. INTRODUCTION

Any use of the services offered on the site requires consultation, understanding and acceptance of these general subscription conditions.

The subscriber, by accepting these conditions, declares and acknowledges:

● have the technical skills to use this site;       

● be of legal age and have full legal capacity to enter into under these general conditions;       

● present no medical contraindication to the use of the services;       

● be informed that their engagement does not require a handwritten or electronic signature. The acceptance of these general conditions of subscription and of the order is implemented by the click mechanism;       

● that he acts as a consumer, that is to say that the subscription to the services is exclusively intended for a personal private and non-professional use on his part, and not directly related to his professional activity;       

● that as a consumer, he has specific rights which could be called into question in the event that the services to which he has subscribed within the framework of the site have a connection with his professional activity, that is to say in the event that the services to which he has subscribed are for purposes which fall within the framework of his commercial, industrial, craft or liberal activity.       

The user has the option of saving and printing these general subscription conditions using the standard functions of his browser or his computer.

The subscriber declares to have obtained all the necessary information regarding the use of the site and the quantitative and qualitative characteristics of the services offered on the site.

 

ARTICLE 4. DEFINITIONS

The terms defined below will have the following meanings between the parties:

 

Subscription Conditions: Refers to the general conditions of subscription to the services offered on the site www.moonoa.com

Site: refers to the website edited by the company Wellbeing OS VENTURES SL and accessible at the address www.moonoa.com

User: refers to the Internet user of the Site.

Offer: refers to a set of Behavioral and Cognitive Therapy online coaching services, as well as herbal products and a sleep monitoring application to which any user of the site can subscribe as part of a subscription.

Service: refers to the service (s) offered from the Services offered in Article 8.

Complements: refers to the product (s) offered from the Product range presented in article 8.

Program: refers to all the online coaching services made available to the Subscriber after taking out a subscription to one of the offers offered. This Behavioral and Cognitive Therapy program is composed in particular of practical activities, advice, regular reviews of the subscriber's progress and psychological support (depending on the offer subscribed) which makes it possible to find lasting sleep.

Subscriber: refers to the natural person, non-commercial, and holding full legal capacity, having taken out a Subscription to one of the Service offers offered on the Site.

Subscription: Refers to the service offer subscribed by a User who then becomes the Subscriber. Any subscription is taken out under the conditions of having accepted these General Terms and Conditions of Subscription and of having settled the amounts due corresponding to the Offer and its terms, selected by the subscriber.

 

Subscription Form: Refers to the form that the Subscriber must complete in order to benefit from the services linked to the subscribed offer.

Consumer: refers to the subscriber who has subscribed to the services exclusively for personal private and non-professional use on his part, and not directly related to his professional activity.

ARTICLE 5. PURPOSE

The purpose of these general conditions is to define the terms and conditions of subscription to the services offered online on the site www.moonoa.com

ARTICLE 6. ACCEPTANCE AND ENFORCEABILITY OF THE GENERAL CONDITIONS

Any online subscription made on the website www.moonoa.com is subject to prior knowledge and acceptance of these general subscription conditions.

The company reserves the right to modify the general subscription conditions at any time by updating this document, it being specified that the modified conditions then apply to all subscription subscriptions after they are put online.

ARTICLE 7. DURATION OF THE SUBSCRIPTION

The subscription conditions bind the subscriber and the company Wellbeing OS Ventures SL for the entire duration of the subscription.

At the end of the initial commitment period, the subscription is tacitly renewed for an indefinite period, until the subscriber terminates his subscription.

The terms and conditions are defined in the Renewal and Termination articles hereof.

Certain content and products offered for sale on the site are only accessible to consumers who have paid for a subscription. This subscription is limited, non-exclusive and non-transferable.

ARTICLE 8. PRESENTATION OF THE SERVICES AND PRODUCTS OFFERED

Moonoa offers its subscribers the following services:

Article 8.1 The Moonoa program

This online therapeutic support program is intended to help people suffering from insomnia to improve their sleep thanks to food supplements, cognitive and behavioral work through access to a personal space, advice in the form of videos, articles, regular updates on the progress of the subscriber and monitoring tools, relaxation content such as music to help sleep, meditation and optional services such as personalized follow-up by a coach .

This Program does not resemble a medical course and the proposed assessment does not constitute a diagnosis in the medical sense (see Article 2.)

In his personal space, the subscriber can benefit, depending on the case:

● tips, exercises, challenges and practical activities that make up the program       

● Relaxation content and sleep aid       

● follow-up by online psychologists       

● A sleep tracking tool that allows him to see his improvements and results.       

● the possibility of accessing optional services such as personalized follow-up by a coach in the context of telephone interviews       

These options can be purchased separately, depending on the subscription plan chosen.

Article 8.2. The Moonoa formula

Moonoa Formula: Subscription to the content below included:

(a) access to the online personalized Moonoa program, (b) follow-up with psychologists by e-mail or chat, and chats with coaches (c) access to relaxation content (d) access to the tool sleep tracking. The price and duration of the program are based on the purchase and the customer's needs and are always visible on the purchase page, in the confirmation email and by logging into "my account".

 

To allow you to benefit from reduced rates, each subscription is subject to tacit renewal after the initial commitment period. Renewal is made for successive periods of the same duration and the same price, unless terminated by Moonoa or the user no later than 7 (seven) days before the end of the current subscription period. 

Any subscription starts with a 14 day trial period, the price of which is clearly indicated on the sales page, the confirmation email and by logging into my account.

It is clearly agreed that the customer's 14 day right of withdrawal for the Moonoa formula includes the 14 days of the Moonoa formula trial period.

 

You can of course cancel the automatic renewal at any time by writing to the Moonoa Subscription Service and specifying the subject of your request as well as your Last name, First name, subscription e-mail address and Nickname / Username.

● or by e-mail to the following address: support@moonoa.com       

● or by post to the following postal address: Wellbeing OS Ventures SL: granvia fontpineda 72, 08753 Palleja, Spain.       

 

Article 8.3. Characteristics of services and products

The greatest care is taken in putting online information relating in particular to the essential characteristics of the services offered on the site, the prices of said services and products, guarantees and after-sales services, means of payment, methods of payment. and execution of services, prior to taking out a subscription.

The essential characteristics of the services according to the subscriptions as well as the prices are specified in each subscription formula. These elements are summarized before the final validation of the subscription.

ARTICLE 9. CONDITIONS OF ACCESS AND IDENTIFICATION

Article 9.1. Access to services by subscribers and account creation

In order to be able to access the services, subscribers must first complete the free online questionnaire and post-purchase form, which can only be accessed by subscribers.

To be able to use the Services, Users enter the required information, in particular their first name and email address, on the form provided for this purpose on the Site. They must fill in all the information marked as mandatory. Entering this information results in the opening of an account in the name of the Users.

The company reserves the right to remove access to the site to any subscriber who does not comply with these general conditions and / or who violates the law, in particular by disseminating through the site messages contrary to public order or good morals, violent, racist, or defending war crimes, abusive or rude, contrary to copyright or neighboring rights, the law applicable to databases, trademark law, the right to image, the right to respect for private life, competition law or which infringes any other legislative or regulatory provision in force.

Article 9.2. security

Wellbeing OS Ventures makes its best efforts to secure the site with regard to the risk incurred and the nature of the data processed. However, the company can only be held liable for this point in the event of proven fault attributable to the latter.

The site is an automated data processing system.

The subscriber is prohibited from deleting or modifying data contained on the site which has not been published by himself, or fraudulently entering data or even altering the functioning of the site.

Any access to a prohibited space will be considered as fraudulent access within the meaning of the provisions of the Penal Code.

The subscriber undertakes to consider that all the data of which he will have become aware during such access to an unauthorized space are confidential data and therefore undertakes not to disclose them.

The subscriber undertakes not to use devices or software of any kind which would have the consequence of disrupting the proper functioning of the site.

The subscriber accepts the characteristics and limits of the internet. He is aware that data circulating on the Internet is not necessarily protected, in particular against possible misappropriation.

Article 9.3. Access to the site by password

The password is strictly personal and confidential.

The subscriber undertakes not to divulge his password to others and is solely responsible for the preservation and confidentiality of his password and, consequently, for the consequences of involuntary disclosure to anyone.

Any use of the site from the password assigned to the subscriber is presumed to emanate exclusively from the subscriber.

Article 9.4: Access to the site via third-party accounts

Moonoa allows access to its services and to connect through simplified authentication through your Facebook, Google or Apple accounts.

ARTICLE 10: DELIVERY OF PRODUCTS

Article 10.1: Delivery methods

Food supplements are delivered via the Postal service at a letter rate. The Users are informed, before the validation of the order of the Supplements, of the possible delivery methods and the costs corresponding to each of these methods. They must select the desired delivery method and provide all the information necessary for the effective delivery of the Supplements according to this method.

Article 10.2: Delivery times

Users expressly acknowledge and accept that the delivery time of the Supplements cannot be determined in advance, this period depending on the availability of the chosen Supplements of each User.

In accordance with the provisions of Article L.216-1 of the Consumer Code, the delivery time for Supplements may not exceed 30 (thirty) days.

ARTICLE 11. PAYMENT

Article 11.1 General conditions of payment

The company offers payment by credit card, Google Pay and Apple Pay

 

Services are billed on a flat-rate basis and must in principle be paid in one installment in order to benefit from the 10% reduction on the total cost. The company allows subscribers who wish to pay the amount of their subscription in a monthly form of payment.

Splitting this amount is only authorized for payments by credit card (Visa Card / Master Card), in 4 installments free of charge by credit card for a 4-month subscription.

Payment splitting is subject to acceptance by the company. The company reserves the right to demand the full price of the current subscription in the event of non-payment. In the event of payment splitting, the subscriber remains liable for the total amount of the subscription even if he wishes to interrupt it before the end of his commitment. The subscriber therefore refrains from contesting monthly withdrawals from his bank, and avoids, as far as possible, payment by Virtual Bank Card or e-CB.

Article 11.2 Late or non-payment

In the event of delay or default of payment, the company reserves the right to interrupt all the services granted to the subscriber until the situation is rectified and to demand immediate payment of the totality of the sum remaining due in within the duration of the commitment of the subscriber if the latter benefits from a split payment of his subscription.

 

The subscriber will be informed within 7 days of the date of the unpaid due date, so as to prevent the closure of access to services which would occur 7 days after this deadline. If the unpaid debt is not settled after these 7 days, access to services will be closed until regularization.

The subscriber will then have a period of 30 days, from the date of the unpaid due date, to remedy the situation. In the absence of regularization within this period, the subscription will be automatically terminated automatically, without this canceling the sums remaining due by the subscriber.

ARTICLE 12. CUSTOMER SERVICE

A dedicated service is available and allows the subscriber to perform the following operations:

● consultation of the status of the execution of the order or request for information relating to the subscription;       

● complaints relating to the subscription       

● general inquiries or questions.       

 

These requests can be made in writing and sent to customer service specifying the subject of the request as well as the Last name, First name, subscription e-mail address and Nickname / Username.

 

- or by e-mail to the following address: support@moonoa.com

- or by chat on the site from Monday to Friday from 9 a.m. to 6 p.m.

ARTICLE 13. RIGHT OF WITHDRAWAL AND LEGAL GUARANTEE

Article 13.1 Legal guarantees of conformity and hidden defects

Subscribers benefit from legal guarantees of non-compliance as well as due to hidden defects in the item sold, including non-compliance resulting from the packaging of the Supplements ordered on the Site.

If a User finds that the Supplement delivered to him has a defect, a lack of conformity or is damaged, he must inform Wellbeing OS Ventures, indicating the nature of the defect, non-conformity or damage observed and in sending him any relevant supporting documents, especially in the form of photograph (s).

It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

Any consumer can also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.

Article 13.2 Right of withdrawal

In accordance with the regulations in force, the Subscriber has a period of fourteen (14) clear days from the conclusion of the contract to exercise his right of withdrawal from the company, without having to justify reasons, nor to pay any penalty.

If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.

To exercise his right of withdrawal, the subscriber must first send Wellbeing OS Ventures any unambiguous declaration expressing his desire to withdraw.

● by e-mail to the following e-mail address: support@moonoa.com       

● by mail, specifying the subject of your request and your Name, First name, subscription e-mail address, to the following postal address:       

Wellbeing OS Ventures, Granvia fontpineda 72, 08753 Palleja, Spain

In the event that the right of withdrawal is exercised within the aforementioned period, the price of the Services purchased will be refunded within a maximum period of fourteen (14) calendar days from the date of receipt of your decision to withdraw.

Reimbursement will be made by use of the same means of payment as that used by the Subscriber for the subscription of the Services, unless expressly agreed between the Subscriber and the company for the use of another means of payment and provided that this reimbursement method does not incur additional costs.

It is clearly agreed that the customer's 14 day right of withdrawal for the Moonoa formula includes the 14 days of the Moonoa formula trial period.

ARTICLE 14. TACIT RENEWAL

At the end of the initial subscription period, the subscription is tacitly renewed for an indefinite period, until the subscriber terminates his subscription, at the price indicated in article 9.4 Presentation of formulas

In accordance with the requirements of Article L.136-2 of the Consumer Code, the subscriber will receive, at the latest one month before the end of his initial subscription, a reminder by e-mail of the possibility of not renewing his subscription. initial agreement concluded with this tacit renewal clause and the termination date.

ARTICLE 15. TERMINATION 

Article 15.1. Denunciation during the initial subscription period

The presentation of the subscription formulas indicates the renewal conditions. The subscriber may at any time notify the company of his wish to terminate the contract and his refusal to renew during the initial subscription period, subject to notifying the company in accordance with the terms detailed below. He must communicate his wishes to the company at least 5 days before the end of the initial subscription.

The subscriber will not be able to claim reimbursement of his subscription for the remaining period.

In the event of installment payment of the subscription, the unpaid installments of the subscription remain due and must be paid to the company.

Article 15.2. Denunciation during the tacit renewal period

The subscriber may at any time notify the company of his desire to terminate the contract and of his refusal to renew during a renewal period, subject to notifying them to the company in accordance with the terms detailed below.

He must communicate his wishes to the company at least 7 days before the end of the renewal period concerned.

 

Article 15.3. Terms of denunciation

To terminate their initial subscription under the aforementioned conditions, terminate their subscription and inform them of their refusal to renew, the subscriber can send their request to the company, specifying their Name, First name, subscription e-mail address and:

● or by post to the following address:       

Wellbeing OS Ventures, Moonoa Subscription Service

Granvia fontpineda 72, 08753 Palleja, Spain

● or by e-mail to the following address: support@moonoa.com       

● or in their customer area       

ARTICLE 16. SUBSCRIBER'S OBLIGATION

Article 16.1 Intended use

Without prejudice to the other obligations provided for herein, the Subscriber undertakes to comply with the following obligations.

Subscription to the services offered by Wellbeing OS VENTURES SL is reserved for people in good physical and psychological health.

They are solely responsible for their use of the Services and in particular for the use they make of the Supplements included in the program. It is their responsibility to verify the suitability of the Supplements to their specific needs. The site is not medical in nature and the services offered cannot in any way replace consultations, treatments or diagnoses from a healthcare professional.

The subscriber is responsible for his use of the site and the services. The responsibility of Wellbeing OS VENTURES SL can not therefore be engaged in any way whatsoever if the user makes improper use of the site and the services offered.

He undertakes to use the site fairly, in compliance with these general conditions by acting in a manner compatible with the site and in accordance with the laws and regulations in force, public order, good morals and the rights of third parties. .

The subscriber shall refrain from any illegal behavior or constituting fraud with regard to Wellbeing OS VENTURES SL, other users or even third parties.

The subscriber acknowledges having read on the Site the characteristics and constraints, in particular technical, of all the Services.

The subscriber undertakes to make strictly personal use of the Services. They therefore refrain from assigning, granting or transferring all or part of their rights or obligations hereunder to a third party, in any way whatsoever.

The Users undertake to provide Wellbeing OS VENTURES SL with all the necessary information and, more generally, to actively cooperate with Wellbeing OS VENTURES SL for the proper execution of the present.

 

ARTICLE 17. PERSONAL DATA

During visits to the site or subscription to a subscription by the subscriber, information through questionnaires, forms, etc. is collected from the latter.

Wellbeing OS VENTURES SL has designed this personalized program to help its users improve the quality of their sleep. The online coaching program provides you with a tailor-made sleep program, with many exercises and tools: dashboard, personal statistics, sleep diaries, regular personalized assessments according to your progress. The user community can communicate through chats or on the blog. Privacy and personal data will always be respected on our site.

Wellbeing OS VENTURES SL expressly invites the user to consult its Personal Data Protection Policy, which is an integral part of these General Conditions of Use.

ARTICLE 18. COOKIES

In order to allow all Users an optimal navigation on this site, the editor can proceed to the installation of cookies on the computer station of the Subscriber. These cookies are used to store information relating to navigation on the Site (date, pages, times, language, Internet address, computer protocol). They are also used for analytical purposes.

 

These cookies are intended to be stored on the Internet user's computer for the time necessary for their purpose and can be read and used by the publisher during a subsequent visit by the Internet user on this Site.

For more information, click here

 

ARTICLE 19. RESPONSIBILITIES

Wellbeing OS VENTURES SL is fully responsible with regard to the subscriber acting as consumer for the proper performance of the obligations resulting from these. However, Wellbeing OS VENTURES SL cannot be held responsible for the non-performance or delay in the performance of the Services due to circumstances outside it or a case of force majeure, it being expressly specified that are considered as cases force majeure, in addition to those usually retained by the case law of French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture or blockage of telecommunications networks, means transport or postal services including as a result of strikes, damage caused by viruses for which existing security means on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by competent authorities and which would have the effect of substantially modifying these general conditions.

ARTICLE 20. INTELLECTUAL PROPERTY

Article 20.1 Intellectual property of Wellbeing OS VENTURES

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by Wellbeing OS VENTURES SL within the Site are protected by all intellectual property rights or rights of database producers in force. All disassembly, decompilation, decryption, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Wellbeing OS VENTURES SL are strictly prohibited and may be the subject of legal proceedings.

Article 20.2 Intellectual property of the subscriber

The contributions published and put online on the site by the subscriber are not, by their nature, subject to any intellectual property rights.

As such, subscribers recognize in particular that Wellbeing OS VENTURES SL is free to use them, in whole or in part, on any medium whatsoever and for any use whatsoever.

If one of the contributions has the character of originality suitable for granting its author protection under copyright, the latter assigns to Wellbeing OS VENTURES SL free of charge, with all the associated guarantees of fact and law. , all the intellectual property rights that it may hold on the contributions that it has published on the site.

The transferred rights include, in application of Article L. 131-3 of the Intellectual Property Code:

- for the reproduction right: the right to reproduce or have all or part of the content reproduced on any media known or unknown to date;

- for the right of adaptation: the right to modify, develop, make new versions of the content, maintain them, update them, enrich them, associate them in whole or in part with any text or legend, translate them into any language, integrate them in whole or in part into all existing or future works, and this on all media known or unknown to date;

- for the right of representation: the right to represent, distribute or have the content distributed by all means and / or electronic, digital, computer, telecommunications and this, to any public and for any telecommunications network.

The rights listed in this article are assigned to Wellbeing OS VENTURES SL for the entire legal period of protection of intellectual property rights as recognized by present or future laws and for the whole world.

 

ARTICLE 21. PROOF AND AGREEMENT ON PROOF

The online acceptance of the general conditions by electronic means has the same probative value between the parties as the agreement on paper.

The computerized registers kept in the computer systems of Wellbeing OS VENTURES SL will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties. They are valid until proven otherwise.

The archiving of contractual documents, orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

ARTICLE 22. LANGUAGE

In the event of a translation of these general conditions in one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute on the meaning of a term or a provision.

ARTICLE 23. APPLICABLE LAW AND JURISDICTION

These general conditions are governed by Spanish law.

In the event of a dispute as to the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of Barcelona will be exclusively competent to judge, except for mandatory procedural rules to the contrary.

ARTICLE 24. SETTLEMENT OF DISPUTES

The subscriber has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution of these presents which would oppose him to Wellbeing OS VENTURES, under the conditions provided for in articles L611-1 and following and R612-1 and following of the Consumer Code.

These general conditions of sale were modified on July 22, 2021