Ken Scent Spa, with legal and administrative headquarters in Via Aldo Moro 45, Quarto D’Altino (VE), VAT number 04735350276, is a center for the provision of coaching services, psychological services, nutritional counseling, and professional consultancy services.
Art 1. – GENERAL PROVISIONS
1.1. These general conditions, available in favor of the consumer for reproduction and conservation pursuant to art. 12, Legislative Decree no. 70/2003 – Italian law, have as object:
- the purchase of chat orientation services and video conference coaching session booking services in the fields of pre-decision-making, motivational, study method, couple relationship, professional career, financial investments, through the online platform Ken Scent;
- the purchase of psychological guidance services via chat and videoconference session booking services for individual or couple psychotherapy, via the Ken Scent online platform;
- the purchase of nutritional guidance services via chat and video conference session booking services, via the Ken Scent online platform;
- the purchase of chat orientation services and videoconferencing session booking services relating to professional consultancy in the fields of IT, marketing, accounting, laws and regulations, through the Ken Scent online platform.
1.2. All Professionals are:
- expert coaches in one or more of the following areas: motivational, pre-decision-making, study method, couple relationship, professional career, financial investments.
- psychologists or psychotherapists enrolled in the respective professional registers.
- nutritionists enrolled in the relevant professional register.
- expert professional consultants in one or more of the following areas: information technology, marketing, accounting, laws and regulations, enrolled in the relevant professional registers where applicable.
The telematic meeting between Users and Professionals takes place through the Ken Scent IT platform.
1.3. By online sales contract we mean the remote contract, i.e. the legal transaction having as its object professional services, stipulated between Ken Scent Spa and a final consumer – customer or other professional users, – within the of a distance selling system via the Internet organized by Ken Scent Spa.
1.4 The consumer is the natural person who purchases goods and services for purposes not referable, either directly or indirectly, to any professional activity carried out.
1.5. The professional user is the natural or legal person who purchases goods and services for purposes directly or indirectly referable to any professional activity carried out.
Art. 2 – CONDITIONS OF SALE
2.1. These general conditions are valid from June 1, 2023 and may be updated at any time by Ken Scent Spa, which will notify them via the website pages, and will be valid from that moment on.
2.2. All contracts will be concluded through access by the consumer, customer or professional user to the website or corresponding landing page, where they must carefully follow the instructions and procedures provided.
2.3. These general conditions of sale must be examined online by the user, before creating his own private account on the internet site kenscent.com. The forwarding of the order confirmation implies full knowledge of them and their total acceptance.
2.4. The customer or professional user, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with Ken Scent Spa, the general and payment conditions illustrated below, declaring that he has taken viewing and accepting all the information provided by him in accordance with the aforementioned rules, also acknowledging that Ken Scent Spa does not consider itself bound to different conditions unless previously agreed in writing.
2.5. Sales operations are regulated for the consumer by the provisions of Legislative Decree no. 206/2005 – Italian Law (Consumer Code), while the protection of confidentiality is subject to the discipline of Legislative Decree 06/30/2003, n. 196, of EU Regulation 679/2016 and subsequent amendments and additions, for which reference is made to the relative specific information.
Art. 3 – PROCEDURE FOR PURCHASE OF SERVICES
3.2. The payment of the services by the customers will take place using the payment methods provided at the time of purchase.
Art. 4 – KEN SCENT SERVICES
4.1. Ken Scent provides two categories of services:
A) CHAT provided by professional coaches, psychologists and psychotherapists, nutritionists, expert professional consultants who are experts in: information technology, marketing, accounting, laws and regulations.
B) Booking of video conference SESSIONS with professional coaches, psychologists and psychotherapists, nutritionists, professional consultants who are experts in: information technology, marketing, accounting, laws and regulations.
The professionals are selected by Ken Scent and operate independently.
4.2 CHAT ASSISTANCE – The chat assistance service is reserved for the User who subscribes to a periodic subscription with Ken Scent. Subscription plans are available online at kenscent.com at this page.
Once the service has been purchased, the user has access to his reserved area on the Ken Scent platform, accessible via the web or via smartphone APP, from which he can start entering his requests and obtain assistance from the professionals identified according to the matching carried out by the software algorithm by Ken Scent.
The Ken Scent platform therefore allows the user to request the intervention of professional through specific requests by CHAT. Ken Scent assigns each user request to a professional, based on his specialization and his availability, and the latter will respond to the user’s request.
4.3 Booking of video conference SESSIONS – The reservation of video conference sessions with professionals selected by Ken Scent can be requested by the User through the kenscent.com website, and does not require periodic subscriptions with Ken Scent.
The first videoconference meeting is for informational purposes and is free, while any subsequent meetings are subject to payment. Paid meeting rates are available online at kenscent.com at this page.
The sessions must be carried out in a reserved place where privacy is respected, without the presence of third parties. The professional-client relationship is an exclusive relationship and all the information and contents of the sessions remain secret as part of the fiduciary relationship between the individual professional and the client, in compliance with current legislation, the professional law and the code of ethics.
The User, once assigned to the professional, and after the first cognitive meeting concluded with a positive outcome, will have to read and sign the Informed Consent to the processing and the information on the processing of personal data. In case of doubts, the patient can always ask for information, before subscribing, to the assigned professional. In case of failure to sign the information, no performance can take place. After signing the Informed Consent, the contractual relationship is established between the User and the Professional Assigned to him. Ken Scent, by virtue of these conditions of service, undertakes to manage and take care of the maintenance of the platform for the management of the relationship between professional and User (such as, by way of example and not limited to, access to the reserved area, booking and cancellation of meetings and sessions, payment management, communications between Professionals and Users via chat, the quality of the service offered, etc.) Professionals are responsible for the conservation and protection of electronic documents and data provided by Users.
The User undertakes to communicate the need for a modification or cancellation of the videoconferencing session with at least 24 hours notice to Ken Scent. In the event of a request for modification or cancellation of the online session which took place with less than 24 hours notice, the User will be required to pay for the session itself, except in exceptional circumstances or force majeure.
Art.5 – PAYMENTS
5.1 Payment for services is always in advance, and must take place at the time of purchase on the kenscent.com website according to the indications provided. The payment methods are those indicated during the purchase; they are also shown on the payments page of the kenscent.com website
Art. 6 – GUARANTEES AND LIABILITY
6.1. Ken Scent Spa assumes no responsibility for disservices attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events which prevented, in whole or in part, execution on time agreed to the contract.
6.2. Ken Scent Spa will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, the consumer having the right only to a refund of the price paid.
6.3. Ken Scent Spa is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products. Ken Scent Spa, in fact, at no time during the purchase procedure is able to know the credit card number of the purchaser who, at the time of payment, is connected to the bank service manager via a special secure connection.
6.5. Ken Scent is solely responsible for the proper functioning of the platform which favors the demand and supply of services. However, it will not be responsible for malfunctions or suspensions of its services due to third parties (by way of example but not limited to, malfunctions of the hosting, of the internet network, of the video conferencing service provider, of the e-mail provider, etc.)
6.6. In the event that Ken Scent should be held responsible for malfunctions of its software platform, the parties agree that the compensation for damages will be limited exclusively to the refund of amounts already paid for unused services, without the possibility of compensation for any further, direct or indirect.
6.7. Ken Scent is not responsible for the activity of professionals and, in the event of their professional liability, Ken Scent is exempt as of now from any exclusive or concurrent liability with them.
6.8. Ken Scent does not provide assistance in emergency situations such as threats of suicide, injury to others or yourself. Ken Scent invites the consultation of this page where the User will be able to find the appropriate emergency numbers for the circumstance.
Art. 7 – PURCHASER’S OBLIGATIONS
7.1. The consumer undertakes and undertakes, once the online purchase procedure has been completed, to print and keep these general conditions, which, however, he will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the service object of the purchase, and this in order to fully satisfy the conditions referred to in Legislative Decree no. 206/2005 – Italian law(Consumer Code).
7.2. These general conditions may be updated or modified at any time by Ken Scent Spa, which will provide communication via its website. The consumer undertakes and obliges, whenever a modification of these general conditions occurs, to provide for their printing and conservation.
7.3. It is strictly forbidden for the purchaser to enter false, and/or invented, and/or invented data, in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications; the personal data and e-mail must be exclusively one’s real personal data and not of third parties, or of fantasy.
7.4. It is expressly forbidden to make double registrations corresponding to a single person or enter data of third parties. Ken Scent Spa reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.
7.5. The Customer indemnifies Ken Scent Spa from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer, being the Customer himself solely responsible for the correct insertion.
Art. 8 – RIGHT OF WITHDRAWAL
8.1. Pursuant to art. 52 of Legislative Decree no. 206/2005 – Italian law, the consumer customer, for contracts concluded remotely or outside business premises, has the right to exercise the right of withdrawal within 14 days of the conclusion of the contract.
8.2 The professional-client relationship, by its very nature, is based on trust, the usefulness and effectiveness of therapy or professional support. Therefore these general conditions of service regulate the relationship between client and professional together with informed consent, and between client and Ken Scent for the entire duration of the services.
8.3 The User has the right to withdraw from the services at any time. The User also has the right to contact Ken Scent’s customer service, to report any problems or to request a new professional. For the same reasons, the professional can also terminate the relationship at any time, solely and exclusively for professional or clinical reasons or for reasons related to the client’s interest. Ken Scent undertakes to provide the contact of a new Professional within 5 working days. The Ken Scent Contact Center is not open on weekends.
8.4 In the event of interruption by the customer of the CHAT service after the expiry of the withdrawal period of 14 days from the purchase, the amounts already paid will not be returned, neither in whole nor in part.
8.5 In the event of a sudden interruption of services, on the customer’s initiative, Ken Scent will be able to send him a feedback questionnaire that the customer can decide to fill in and send at his choice. For Ken Scent customer feedback is important to be able to guarantee a high quality service.
Art. 9 – AUTHORIZATIONS
9.1. By filling in the appropriate space, present on the website, the Customer authorizes Ken Scent Spa to use his credit card, or other card issued in replacement of the same, and to debit his current account in favor of Ken Scent Spa the amount total highlighted as the cost of the purchase made online. The entire procedure is carried out via a secure connection directly connected to the bank which owns or manages the online payment service, which Ken Scent Spa cannot access.
Art. 10 – CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
10.1. Ken Scent Spa has the right to terminate the stipulated contract by notifying the customer via e-mail, indicating the reason; in this case the customer will only be entitled to a refund of any sum already paid for the services purchased.
10.2. The obligations assumed by the customer pursuant to art. 7 (Purchaser’s Obligations), as well as the guarantee of the successful completion of the payment, are of an essential nature, so that by express agreement, the failure by the Customer of only one of these obligations will determine the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to the right of Ken Scent Spa to take legal action for compensation for further damage.
10.3 In the case envisaged by point 10.2, the termination takes effect when the interested party declares to make use of the express termination clause, by means of written communication sent by e-mail. Any other form of communication has no value for the purposes of this clause.
Art. 11 – VIOLATIONS OF THE TERMS AND CONDITIONS OF THE KEN SCENT SERVICE
11.1 In case of violation of the Terms and Conditions by the user, Ken Scent has the right to suspend or block access to the service for the User, in whole or in part, temporarily or permanently, without notice and without any reimbursement of the amounts already paid is recognized to the User or to third parties, reserving the right to take legal action for the recognition of one’s rights.
Art. 12 – DECLARATION OF PARTIAL NULLITY
Art.13 – PRIVACY
13.1. Personal data is collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications; these data are processed electronically in compliance with the laws in force and may be shown only at the request of the judicial authority or other authorities authorized for this purpose by law.
13.2. For every detail in relation to the processing of personal data, please refer to the specific information.
Art. 14 – EMERGENCY SITUATIONS
14.1 Ken Scent does not provide assistance in emergency situations such as threats of suicide, injury to others or yourself. Ken Scent invites you to consult this page where the User will be able to find the appropriate emergency numbers for the circumstance he is experiencing.
Art. 15 – USES AND PROHIBITIONS
15.1 The Customer uses the services and platform owned by Ken Scent Spa for the sole purpose of receiving the services covered by these terms and conditions of service. Any other different use is prohibited.
15.2. Customers, by way of example but not limited to, may not in any way:
- reverse engineer, decompile, disassemble, modify or create derivative software based on the Software owned by Ken Scent Spa.
- Bypassing computer systems to access sections of the site without authorization.
- Copy, store, modify, change, prepare derivative works or alter in any way any content of Ken Scent Spa.
- Use any robot, spider, site search/retrieval application, or other automatic device, process or means to access, retrieve, scrape or index any portion of the web app or its contents.
- Use Ken Scent Spa’s know-how, materials, ideas, images, texts, formats and scripts to create similar or derivative services.
- Allow access to your reserved area by third parties unrelated to this contract.
- Disclose or share the contents of the reserved area with third parties unrelated to this contract.
- Use the service for purposes other than those stated, with or without profit.
15.3. Ken Scent Spa reserves the right to prosecute any offense committed in violation of this clause.
Art. 16 – APPLICABLE LAW AND COMPETENT COURT
16.1 Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated “online” through the Ken Scent Spa website or websites is subject to Italian law; these general conditions refer, for what is not foreseen, to the provisions of Legislative Decree no. 206/2005 – Italian law.
16.2. For any dispute between the parties regarding this contract, the Court in whose district the consumer has his domicile will be competent, according to current legislation; for all other customers (foreigners or non-consumers) it is agreed that any dispute, even in derogation from the rules relating to territorial jurisdiction, will be the exclusive jurisdiction of the Court of Venice.