Terms & Conditions
AGREEMENT BETWEEN USER AND DR. HEATHER HAMED
This web site, drheatherhamed.com, (hereinafter referred to as “Site”) is owned by Child Psychology and Wellness, LLC (a New Jersey company, doing business as Dr. Heather Hamed). The terms “I,” “we,” “us,” and “our” refer to Dr. Heather Hamed. The terms “you” and “user” refers to the person using the Site, and possibly making a purchase on it, or through us via telephone, in person, or via email (in any of these cases, becoming a “customer”). By using this Site, you signify your agreement to the following terms of use (also called “Terms & Conditions”), in addition to all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You should also review our Privacy Policy, which also governs your use of this Site. If you do not agree with our Terms & Conditions, you must discontinue use of this Site and are not permitted to make a purchase with us (via the Site, telephone, via email, in person, or otherwise). Additional terms may apply when you book services.
As a condition of using this Site, you represent that:
You are at least 18 years of age.
You are legally allowed to create a binding legal obligation.
You will use this Site in accordance with the Terms & Conditions of the Site.
You will inform all persons that you make a reservation for about these Terms & Conditions, and will not include them in a reservation (nor provide any of their Personally Identifying Information) if they haven't consented to you doing so.
All information supplied by you is accurate.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the Site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in degradation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth within, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and us with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
We reserve the right, in our sole discretion, to change, modify, delete or otherwise alter portions of these terms at any time. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on the Site. Please check these terms periodically for changes. Your continued use of the Site following the posting of such changes mean you accept those changes.
No Unlawful or Prohibited Use / Intellectual Property
You should assume that everything that you read or see on the Site is copyrighted, licensed by or otherwise protected and owned by our company, or in the case of company logos and certain marketing photographs, the vendors it represents. In such cases, they are not owned by us, but by a third party, who licensed the use to our company. Unless otherwise expressly noted, nothing that you read or see on any the Site may be copied or used, except as provided in these Terms & Conditions, or with the prior written approval by us. We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, noncommercial use in learning about, evaluating or purchasing the services or products of our company. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit the content, in whole or part, found on this Site. We do not grant you any license, express or implied, to the intellectual property of our company or our licensors except as expressly authorized by these terms. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not: use the materials for any commercial purpose, or for any public display (commercial or noncommercial); remove any copyright, or other proprietary notations from the materials; transfer the materials to another person or “mirror” the materials on any other server. The permissions granted hereunder shall automatically terminate if you violate any of these restrictions, and may be terminated by our company at any time. The materials contained on the Site (including, but not limited to, all HTML code) are protected by applicable copyright, and trademark law. We make no warranties or representations to you that your use of any materials displayed on our Site will not infringe the rights of third parties.
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on our Site infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to heather@drheatherhamed.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.” You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any content found on this Site on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by emailing us at heather@drheatherhamed.com with the following information in writing [see 17 U.S.C. 512(c)(3) for further detail]:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
A description of the copyrighted work that you claim has been infringed, including the URL of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may mail us at:
Dr. Heather Hamed
#1053
4345 US Highway 9 STE 7
Freehold, NJ 07728
USA
Electronic Communications
Visiting this Site or sending emails to our company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide you electronically, via email and on the Site, satisfy any legal requirements that such communications be in writing.
Currency
All transactions through our company will be in US dollars, unless noted otherwise. This means any payments or refunds from our company will be issued in US dollars. If customer lives internationally, and/or does not utilize US dollars for their financial transactions, their banking institution may charge them transaction fees and/or issue them less funds than expected, as a result of monetary exchange rates. Customer is solely responsible for such charges.
Pricing & Availability
Pricing and availability listed on our Site is not confirmed until a payment has been successfully charged to the customer's credit card. As such, it is subject to change (and expiration) until the required payment has been received from the customer.
Purchases
When making a purchase you will be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, the security code of your credit card, your billing address, and your mailing address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase, and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of purchase. By submitting your information, you grant us the right to provide the information to these third parties, subject to our Privacy Policy.
We reserve the right to refuse or cancel your purchase if fraud or an unauthorized or illegal transaction is suspected.
Full payment is required at the time of making a purchase. This will be charged automatically with the credit card provided by the customer when making the purchase. We are not responsible for canceled purchases due to declined credit cards, debit cards, exceeding daily limits. We will try to reach the customer at the phone number and/or email address provided by the customer, for other means of payment.
The email address provided by the customer at initial time of making a purchase will be the only recipient of an order confirmation.
Cancellations and Changes
PLEASE NOTIFY US IMMEDIATELY IF CHANGES OR CORRECTIONS ARE NEEDED. We charge a $50.00 service fee for all returned/bounced checks. We have a no refund policy on all purchases. However, we do allow someone that has purchased a service but not used it yet to change the service to a different service of equal or lesser value, as long as it is not within 48 hours of the originally scheduled service date. We will not make any changes to a purchase unless the person that made the purchase requests it.
Reserving the Right to Correct Errors
After making a reservation on our Site, an automatically generated summary will be sent to the email address you provided our Site with. This is a summary of the selections you made while making a purchase on our Site. We reserve the right to correct errors that exist in that email, should they not match the pricing or any other details that you agreed to when making a reservation on our Site.
Any coupons, certificates or vouchers that cannot be applied via our Site may not be allowed to be applied after a purchase has been made. Such things must be pre-approved by our company prior to a purchase being made.
By choosing to make purchase with us, you are confirming that you are aware of all of the necessary procedures listed in these Terms & Conditions, and are accepting that you are subject to the qualification requirements required.
Links
We may provide you with links to web sites when we communicate with you, including but not limited to: via email; telephone conversation; in our Site. We are not responsible for the content displayed on third-party web sites. Selecting links may result in the display of the content of such web sites within the same browser viewport as our Site. The privacy and security policies of third-party web sites may differ from those practiced by our company. Links are provided as a courtesy to you, and if they are no longer working, you should not assume that the content and/or service accessible via the link is no longer available and/or applicable. Please contact us to inform us if a link is no longer working.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account, and for restricting access to your computer and other electronic devices that contain your personal information. You agree to accept responsibility for all activities that occur under your account. You may not assign or transfer your account to any other person or entity. You acknowledge that we are not responsible for third-party access to your account that results from theft or misappropriation of your account. Our company and its associates reserve the right to refuse or cancel account access, terminate accounts, or remove or edit content at our sole discretion.
Reviews
This Site may contain review services in which users may post reviews of their own purchase and service experiences related to our company. By submitting a review to this Site or by sending a review to us in another manner (including, but not limited to, email), you grant our company and its affiliates a royalty-free, irrevocable, perpetual and fully sub-licensable right to use, distribute and publish such reviews in any media, for any purpose. You further grant our company the right to pursue at law any person or entity that violates your or our company’s rights by a breach of these Terms & Conditions. By submitting a review, you agree not to submit any material that is unlawful, libelous, defamatory, obscene, threatening, fraudulent or otherwise objectionable. We take no responsibility and assumes no liability for any submitted reviews that have been posted on the Site, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity you may encounter. Although we have no obligation to screen, edit or monitor any of the reviews posted to the Site, we reserves the right to do so, and have the absolute discretion, to remove, screen or edit without notice any reviews posted or stored on this Site, at any time, and for any reason.
Terms of Service
The services available for purchase on this website are not psychological services. While I, Dr. Hamed, am a NJ Licensed Psychologist (NJ license number 35SI00545500), I am also a Reiki Master, Reiki Master Teacher, Intuitive Coach, and Sound Healing Practitioner. While all of these services are within the realm of wellness and healing, they are not psychological services and do not fall under the domain of my license. I will not diagnose any conditions, or prescribe any medications.
I reserve the right to refuse service if I feel that a different service is more appropriate for your condition, or if I feel a different service provider is more appropriate for you. If this is the case, I will refund you any money for outstanding services that you have purchased and refer you appropriately.
Reiki Services
I follow a protocol of hand positions, and also work intuitively. During an in-person sessions, my hands will rest lightly on your body, while you are fully clothed on a massage table, covered in a blanket, listening to soothing music. If the reclined position is uncomfortable, Reiki can be performed while you sit in a chair or on a stool. There is no difference in the benefit experienced by the placement of my hands on your body versus floating my hands over your body. Should you desire to alternate positions during the treatment, please feel free to ask me to do so. Special requests or comments for hands-on or floating are welcome and encouraged.
During a Zoom or phone Reiki Session, we will discuss Reiki and then be audibly connected as you relax and receive the Reiki energy.
Reiki tends to feel warm and profoundly relaxing. You may feel my hands become hot or tingly, or you may feel energetic sessions on your body. Some people describe a floating sensation and some see colors or shapes during the session. Some people fall asleep. Some experience emotional release. There is no expected experience as Reiki treatment is unique for each individual who receives it. The most common results of Reiki treatment include, perceived reduction in stress, increased relaxation, enhanced sense of balance, centeredness and calm.
Just like meditation or exercise, the effects of Reiki are cumulative. While one session can work wonders, repeated, regular Reiki treatments can invite significant improvement. As an example: if you exercise for an hour, you will receive benefit. If you exercise every day for a month, the results will be much more profound. Reiki works similarly – regular sessions support well-being in every way.
Reiki is a complementary medical art that works well alone, as well as in concert with other treatments. Healing is often the result of gentle shifts in awareness, release of emotional patterns, achievement of new understanding, and daily practice. Reiki is not a replacement for traditional medical treatment.
After the Reiki portion of the session is complete, I will provide an energy consultation regarding how your energy and chakras may impact your psychological functioning and overall well-being. I will provide chakra education as it relates to your unique energy flow.
Multiple Reiki sessions help to maintain energetic balance and support an overall sense of wellness. In this context, Reiki will be provided in the first portion and then followed by energy coaching to continue to support you in making changes in your life that allow your energy to maintain a state of balance, which may help you to feel healthy from a physical and psychological perspective. I use a soul perspective which helps to put struggles in context of a bigger picture which can be helpful in alleviating symptoms.
You understand that I am providing a Reiki treatment for you at your request, and I am not responsible for the outcome of the Reiki, or associated consultation, or coaching.
Intuitive Services
Intuitive services are not a replacement for psychotherapy. They are designed to help you to become more aware of your energy so that you can make choices in your life that help to keep your energy in balance. They are also designed to help you get in touch with your own inner knowing. I am not responsible for the outcome of any intuitive services. Intuitive services include but are not limited to, the energy consultation portion of any Reiki session, Energy Coaching, and work in the Akashic Records.
Sound Healing
Sound healing is an energetic practice that shifts energy. It can facilitate emotional release and also provide a sense of calm. Some people are sensitive to sound healing, so if at any time you are uncomfortable it is important to either remove yourself from the sound healing space or indicate your discomfort to Dr. Hamed. If participating in a sound healing session with Dr. Hamed, you are asserting that you do not have any medical conditions that would be impacted by the sound healing session. Dr. Hamed is not responsible for the outcome of the sound healing.
Virtual Session
There are potential benefits and risks of video-conferencing that differ from in-person sessions. For example, while video-conferencing offers convenience and increased accessibility, it also potentially limits patient confidentiality as the session is not in as controlled of an environment. It is important to be in a quiet and private space that is free of distractions. It is important to use a secure internet connection, rather than a public/free Wi-Fi. Sessions may not be recorded without the explicit consent of both parties.
The business version of Zoom which I will be using to host the sessions, is considered HIPPA compliant. If you would like more information about Zoom and HIPPA compliance please let me know and I can provide you with additional documentation. Zoom can be downloaded on your computer, tablet, or smartphone. Please indicate prior to the session if you are not familiar with Zoom. Should Zoom not work, I will call you to discuss restarting the session or rescheduling it.
Disputes
We strive to provide the best customer service possible. If you have a problem, please bring it to our attention and we will do our best to resolve it. Any claim under these Terms & Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to give us an opportunity to resolve any claims or disputes relating to any dealings with our company. Please let us know about any dispute you may have with us by contacting us (contact information is listed in the “Contact Us” section of these Terms & Conditions).
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms & Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity of damages for any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association (rather than through a court). The arbitrator's award shall be final. In the event that any legal or equitable action, proceeding or arbitration arises out of concerns these Terms & Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms & Conditions or any disputes arising as a result of these Terms & Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms & Conditions. If you decide to seek arbitration, you must first send, by certified mail, a written Notice of Dispute addressed to: Child Psychology and Wellness, LLC, 3 George Allen Court, Monroe Township, NJ 08831. The notice must describe the nature and basis of the claim and set forth the relief sought. If our company and you do not reach an agreement to resolve the claim within 60 days after the notice is received by our company, you may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which any party is entitled.
Any arbitration under these Terms & Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and our company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
If you have a question about a charge on your credit card statement, please contact us prior to disputing the charge with a credit card company. We reserve the right to dispute a chargeback that we believe to be incorrect. We also reserve the right to cancel a reservation which was paid for with funds that have been reversed by the credit card company as a result of a credit card dispute. We reserve the right to recover expenses from a customer that we incur as a result of an incorrect chargeback made by that customer.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS ON THIS SITE AND/OR RESERVATIONS MADE WITH AN INCORRECT PRICE. IN SUCH A CASE, IF POSSIBLE, WE WILL OFFER THE CUSTOMER THE CHANCE TO KEEP THE PURCHASE AT THE CORRECT PRICE OR WE WILL CANCEL THE PURCHASE WITHOUT PENALTY.
OUR COMPANY AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. RATINGS OF PRODUCTS INCLUDING, BUT NOT LIMITED TO, VENDORS ARE INTENDED ONLY AS GENERAL GUIDELINES, AND WE AND OUR AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Indemnification
You agree to indemnify, defend and hold harmless our company, our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including, but not limited to, reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services of our company, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with our company in asserting any available defenses.
Termination / Access Restriction
We reserves the right, in our sole discretion, to terminate or suspend your access to the Site and the related services of any portion thereof at any time, without notice, for any reason whatsoever and without limitation, including but not limited to breach of these Terms & Conditions.
All provisions of the Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law
The Terms & Conditions herein shall be governed and construed in accordance with the laws of the State of New Jersey, in the United States of America, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. All claims, civil actions, or legal proceedings related to dealings with our company shall be governed by the laws of the State of New Jersey. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Middlesex County, New Jersey, United States of America, in all questions and controversies arising out of or related to your use of this Site and your dealings with our company. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms & Conditions, including, without limitation, this section.
Changes to Terms
We reserve the right, in our sole discretion, to change the Terms & Conditions under which this Site is offered. The most current version of the Terms & Conditions will supersede all previous versions. We encourage you to periodically review the Terms & Conditions to stay informed of our updates.
Contact Us
We welcome your questions or comments regarding these Terms & Conditions:
Via postal mail:
Dr. Heather Hamed
#1053
4345 US Highway 9 STE 7
Freehold, NJ 07728
Via email: heather@drheatherhamed.com
Via phone: 856-444-5335