THE HOLISTIC LIVING
TERMS OF SERVICE (USE) AGREEMENT
This Terms of Service Agreement (the “Agreement”) governs your use of this website, theholisticliving.org.in for any product or services purchase on this Website. The terms “We” / “Us” / “Our”/”Company” individually and collectively refer to Holistic Living Wellness Services Pvt Ltd and the terms “Visitor” ”User” “You” refer to the users.
This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. At any point of time the Company reserves the right to change or revise the terms and conditions of this Agreement by describing any changes or a revised Agreement on the Website. The Company will inform you that changes or edition have been made by writing on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your acceptance of any such changes or revisions will be taken into consideration after the use of the Website following the posting any such changes or of a revised Agreement will constitute. To make sure that you understand the terms and conditions, governing the use of the Website, Holistic Living Wellness Services Pvt Ltd encourages you to go through this Agreement whenever you visit the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with the Company for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Accepting the Terms
You acknowledge that the Website serves as a venue for the online distribution and publication of user submitted information between Professional Service Providers and Users, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the Services presented, promoted, and displayed on the Website you must first agree to the Terms. You can accept the Terms by: (a) clicking to accept or agree to the Terms, where this option is made available to you by Theholisticliving.org.in in the user interface; or (b) by actually using the Website. The Agreement is published in compliance with the Information Technology Act, 2000 and the amendments and rules thereof and is governed by the provisions of applicable Indian laws.
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Theholisticliving.org.in that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.
Terms of Offer. This Website offers for sale certain online services – coaching, counselling, healing, therapy and consulting in the field of psychology and mind, Health and Nutrition, Astrology and Spiritual, relationship and family, self-help and career, image and lifestyle, wealth and prosperity, wellness retreats, online and offline events conducted by coaches, counselors, healers and therapists and other lifestyle consultants in diverse areas and interests, wellness academy and store for wellness products sold by third-party websites (the “Products”) through third party service providers. By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Your desire to opt-out from further direct company communications and solicitations, Unless you notify the Company representatives, while they are calling you, you are agreeing to continue to receive further emails and call solicitations from the Company and it’s designated in house or third party call team(s).
Opt-Out Procedure- There are two easy ways which are provided by the company to opt-out of from future solicitations. They are
The Company owns the proprietary rights and trade secrets in the Products under the ‘Holistic Living’ brand name. You are not supposed to copy, reproduce, resell or redistribute any Product distributed by Holistic Living Wellness Services Pvt Ltd. The Company owns the rights, title and interest to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Tax- If you purchase any ‘Products’, you will be accountable for paying taxes as applicable by under Indian laws and regulations.
Events are offline or online events conducted by various psychology and mind, Health and Nutrition, Astrology and Spiritual, relationship and family, self-help and career, image and lifestyle, wealth and prosperity coaches, counselors, healers and therapists and other lifestyle consultants (hereinafter referred to as “Events”). It is clarified that terms and conditions specific to any event promoted and/or provided through the Website, in respect of which the Website has facilitated sale of tickets through Theholisticliving.org.in shall be published on the Event page accessible on the Website. The Company publishes such information as provided by and on behalf of the organizer associated with such Event (“Event Organizer”).
In the event of any conflict between the Event-related terms and conditions, and this Agreement, User agrees that the Event-related terms and conditions shall prevail and be binding on the User in terms of that specific Event. Following are certain terms related to the booking of any Event through the Website:
SERVICES OF PROFESSIONAL SERVICE PROVIDERS
The Products together with online services as offered by coaches, counselors, healers, therapists, other lifestyle consultants, experts who provide guidance, other consultancy services and/or wellness academy services provided through the Website in various fields as well as psychology and mind, Health and Nutrition, Astrology and Spiritual, relationship and family, self-help and career, image and lifestyle, wealth and prosperity are provided through various trusted professional experts in the above mentioned areas (hereinafter referred to as the “Professional Service Providers”.
REGISTRATION ON THE WEBSITE
As a Professional Service Provider, in order to be listed on the Website’s high traffic coach directory and to preserve the benefits of a listing on the Website, you may sign up under one of the following membership packages as given on the Website in the ‘Our Subscriptions’ option. The complete information of what each package provides is set forward in more detail in the Website.
PROFESSIONAL SERVICE PROVIDER REGISTRATION TERMS:
If you have registered as a Professional Service Provider with the Website, you are in charge for maintaining the confidentiality of login information and for restricting access to your computer, and you consent to allow responsibility for all actions that occur under your account in spite of of who actually uses your account name or password. The Website and the services offered herein are provided solely as a forum and technical means to connect to people concerned in having a coaching conversation and does not represent itself as being licensed to provide counseling, psychotherapy, or psychiatric evaluation, psychiatric therapy, or any other service requiring professional certification.
You are advised that there are transparent boundaries surrounding the responsibilities between coaching and psychotherapy, counseling, or other medical treatments in psychology and psychiatry. Specifically, coaching involves providing education and guidance to those in search of to learn and execute a self-directed discovery process regarding their own lives. However, it is important to understand that this is different than psychotherapy, counseling, or any other medical treatments in psychology and psychiatry. While both utilize the knowledge of human behavior, motivation and behavioral vary and interactive techniques, the main differences are in the goals, focus, and level of professional responsibility. Psychotherapy, counseling, or other medical treatments in psychology and psychiatry are health care services and are usually reimbursable through health insurance policies and require licensed health care professionals with accredited training to render. This is not same in case of coaching. The key focus of coaching is the growth and execution of strategies to reach client-identified goals for better performance and personal satisfaction. Coaching utilizes personal strategic planning, values clarification, brainstorming, motivational skills, and other techniques which are similar in nature. However, coaching does not intrude into the areas involving use of skills that only licensed professionals are permitted to deliver. Any mental health disorders are not diagnosed or treated by our Coaching. It is your responsibility to look after your own mental health, as well as obtaining necessary exams and ongoing support as needed. Coaching should be seen as an addition to such a support system but not as a replacement for it.
You acknowledge and consent that you shall comply with the following policies:
Please do not use the Website, if you are not able to meet, or are incapable to comply with, any of the above-referenced membership eligibility criteria or policies. Theholisticliving.org.in reserves the right, at its sole discretion, to immediately terminate your registration with the Website if the Company finds that you have violated the terms and conditions of the membership eligibility criteria or any other terms which are stated herein.
PROFILE OWNERSHIP AND EDITING RIGHTS
The Professional Service Provider will be provided a tool to update their profile information for the easy access by the Company. The Company reserves the right of ownership of all the Professional Service Providers Profile and photographs and to moderate the changes or updates requested by practitioners and/or coaches. The requests submitted for the respective changes or updates are the independent decision taken by the Company whether to publish or reject the updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using the Website, and that no such content breaches any third party rights, together with intellectual property rights. The Company may modify or delete parts of your profile information at its sole discretion with or without notice to you if the Company comes to know about any breach of the foregoing representation.
TERMS FOR PROFESSIONAL SERVICE PROVIDERS:
The Professional Service Provider may offer probable views, recommendations, suggestions and solutions to the User. However, it is has been made clear that any such view, recommendation, suggestion and solution should not be considered as medical advice. The Professional Service Provider shall not share their personal, religious and/or moral opinions with the user while addressing their response.
TERMS FOR USERS:
Any person who uses the Website for using, obtaining or booking any of the listed Products shall be referred as “User”. The Users expressly understand, acknowledge and agree to the following set forth herein below:
PROFESSIONAL SERVICE PROVIDER REPRESENTATIONS AND WARRANTIES
Throughout the time during which you are registered as a Professional Service Provider membership package, you represent, warrant and agree to the following:
The Company makes no representation or warranty whatsoever as to the willingness or ability of users to pay for any coaching services given by the Coach. Therefore, you, the Professional Service Provider, should verify the details and credit-worthiness of those Users to whom you give or contemplate giving coaching services.
PROFESSIONAL SERVICE PROVIDER DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Every users of Website, whether it is the Professional Service Provider member or the beneficiary of the Professional Service Provider’s services (the “Recipient”) do so at their own respective risks. Under no circumstances will the Company, their affiliates and respective officers, directors, shareholders, employees, sub-contractors or agents be liable for any indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in action of contract, negligence or other tortious action, or arising from the Services or any other make use of of this Website.
As a Professional Service Provider, you acknowledge and accept that the Company disclaims any liability with respect to any claim, suit or action brought by a user in connection with the provision of any coaching services by you through the Website and you agree to indemnify and hold us risk-free in connection with any such claim and any damages or cost arising there from. We will not be responsible for enforcing any Agreement that was made between you and any Recipient or other member, including fee agreements. You further acknowledge that you will solely be responsible and liable for any damages to any member to whom you provide coaching services and where that member suffers damages arising from or connected to such services. In the event of a dispute regarding any transaction conducted through the Website, you hereby release the Company and its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorney’s fees, which you may have against one or more of the above.
As a Professional Service Provider, you understand that by providing the coach services, your contact information can be publicly available on the Internet. You assume all risk when using or providing the Products, including but not limited to all of the risks linked with any online or offline interactions with others, including consultations with clients procured through the Website. You understand that the Company will not guarantee the precision of information provided to you by prospective clients, and that the Company shall not confirm that any user is who he or she claims to be. The Company does not affirm and is not responsible for ensuring that users of the services are in compliance with this Agreement or any other terms of service. All the necessary precautions when communicating with or meeting individuals through the Website are taken cared by you. The Company makes no representations, warranties or conditions, whether express, implied or collateral, as to number or frequency of client referrals made available to you through the Products.
PROFESSIONAL SERVICE PROVIDER CONFIDENTIALITY
Once you have registered as a Professional Service Provider, you can offer your services to Recipients. You agree that all interaction with the Recipient shall be respectful and positive, and shall under no circumstances be abusive, derogatory, defamatory, sexist, racist, illegal or false. All information that you learn or discover from any Recipient shall be kept completely confidential, and shall not disclosed this information to anyone without the permission of the Recipient. Exceptions to this are situations where: (a) you are required by law; (b) an imminent risk to someone may be involved; or (c) you have express permission from us.
WELLNESS PRODUCTS SOLD THROUGH THE WEBSITE
The Website provides sale of wellness and other related products and/or articles which are sold through third-party suppliers and website including Amazon Affiliate program (the “Wellness Products”). If you choose to purchase any Wellness Products or any other products listed on the Website, the terms of purchase, charges, terms of refund and cancellation with respect to such products are subject to the terms of service and other agreements, policies of such third party websites and the product suppliers. The Company shall not be responsible for the quality, quantity, usefulness of such Wellness Products. You may request for cancellation / pausing of Wellness Product orders on respective affiliate and/or third party platform with scheduled deliveries and request for refund / adjustment in future orders against the same. However, acceptance of cancellation / pause requests shall be at the sellers’ / third party’s discretion and dependent on the cancellation cut-off time and the quantity of products which is ordered by you.
Content- Intellectual Property; Third-Party Links. In addition to making Products accessible, this Website also offers information and marketing materials and information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. The Company does not always create the information offered on this Website; instead, the information is provided by third party service providers. To the extent that the Company does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. . Company does not endorse the contents on any such third-party websites. Any links to third-party websites are provided solely as a convenience to you Company is not liable for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own possibility.
The entire content which is there on the Website, including but not limited to text, graphics or code is copyrighted as a collective work under the Indian and all other copyright laws of the world, and is the sole property of the Company or is appropriately licensed by the Company from the appropriate owners thereof. At no point of time, will the User have any rights and/ or claim to have acquired any rights in and to any part or portion of the Website and/ or any content enclosed therein, in any manner whatsoever. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order on the Website or to purchase products provided on the Website.
Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Website is strictly prohibited, unless specifically authorized by the Company in writing.
All trademarks, service marks and trade names of the Company ‘Holistic Living’ used on or in connection with the Website are trademarks or registered trademarks of the Company i.e. Holistic Living Wellness Services Pvt Ltd. At no point of time, will the User or any registered member have any rights and/ or claim to have acquired any rights in and to any part or portion of the ‘Holistic Living’ trademarks and/ or logos, or any other trade name used in connection with the Website in any manner whatsoever.
USE OF CONTENT AND OWNERSHIP
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under license, by the business and / or its associate entities and/or Professional Service Providers who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
Selling or modification of the content of this Website or reproduce, display, publicly perform, distribute, or otherwise is not allowed. You may not use the materials in any way for any public or commercial purpose without the respective organization’s or entities written permission.
The works are protected by copyright laws and treaties around the world. All such rights are reserved. We are the owner or the licensee of all intellectual property rights on the Website, and in the material published on it.
Any questions, comments, ideas, suggestions for new features, suggestions for improvements to existing features, feedback or other information about the Site or the Products (“Submissions”), provided by you to the Website or to the Company are non-confidential and shall become the sole property of the Company acknowledged and assured by you. The Company shall own exclusive rights, including All intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world by posting storing, or transmitting any content on the Website. The nature of the user-generated content offered through the Website is not controlled by the Company. Any content you post and the interactions with the users, you are solely responsible for it. The Company shall not be liable for any damage or harm resulting from any posts by or interactions between users. The Company reserves the right but has no obligation, to monitor interactions between and among users of the Website and to eliminate any content from the Website if it seems to be objectionable, in its sole discretion.
Use of Website–
The Company is not responsible for any damages resulting from the use of this website to anyone. The use of this Website prohibited for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property) and Products provided through the Website, (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
Reference to any Products, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper consent, (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”, or (iv) sending unsolicited electronic mail, including promotions and/or advertising of products or services are strictly prohibited to Users and/or Professional Service Providers. Civil or Criminal liability may result in if there is any Violations of system or network security. The business and / or its associate entities will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in violations and will have the right to investigate occurrences that they suspect as involving such violations.
DISCLAIMER OF WARRANTIES
You are your sole risk to use of this website, Products provided through the Website and content. The website and Products are offered on an AS IS, as available basis. The Company expressly disclaims all warranties of any kind, whether expressed or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content or any reliance upon or use of the Website content or Products. Without limiting the generality of the foregoing, Company makes no warranty that the data provided with this website or the links to third-party websites are for information that is accurate, reliable, complete and or timely. No advice or information, whether oral or written, obtained by you from this Website or the services or Products purchased from the Website will create any warranty not expressly stated herein.
You bear all risk when using the Products, including but not limited to all of the risks associated with any online or offline interactions with practitioners, including consultations with Professional Service Provider listed on the Site. Although we do list Professional Service Providers on the Website who offers services through this Website, you understand that the Company does not guarantee the accuracy of information provided to you by or about Professional Service Providers, and that the Website is unable to confirm that any user is who he or she claims to be. The Company does not warrant and is not responsible for ensuring that users of the Products or Professional Service Providers are in compliance with the Agreement. You agree to take all necessary precautions when communicating with or meeting individuals through any of the Products. You understand that Company makes no representations, warranties or conditions, whether express, implied or collateral, regarding your compatibility with individuals you meet through the Products or as to the conduct of such individuals. Neither the Company nor any third parties provide any warranty or guarantee as to the timeliness, accuracy, performance, completeness or suitability of the information or material found or offered on the Website provided by any Professional Service Providers. We expressly exclude liability for any inaccuracies or errors to the fullest extent permitted by law however it is acknowledged by you that such information and materials may contain inaccuracies or errors.
LIMITATION OF LIABILITY
The Company or any parties, organizations or entities associated with the Company or otherwise, mentioned at this Website shall not be liable for any damages whatsoever (including, without limitations, indirect, incidental and consequential, special or punitive damages, lost profits, or damage to computer hardware or loss of data information or business interruption) because of the use or inability to use the Website and/or the Products, provision of or failure to offer all or any Products by Professional Service Providers to Users contacted or managed through the Website, any damages arising from interruption, deferment or termination of service, or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, whether based on warranty, contract, tort, or any other legal theory, and whether or not, the Company was advised of the possibility of such damages.
Any specific results from use of the Website or the Products is not guaranteed or promised by the Company. The content on the Website is accurate, complete, reliable, current or error-free or that the Website is free of viruses or other harmful components is not represented or warranted by the Company. Without limiting the foregoing, you understand and agree that if you download or otherwise obtain content, material, or data from the Website or through the Service, you do so at your own discretion and risk.
In no event shall the total aggregate liability of the Company to a User or a Professional Service Provider for any damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a their use of the Website or the Products exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
You will release, indemnify, defend and hold harmless the Company and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or Users and/or Professional Service Providers use of the Website content; (3) the Products or Users and/or Professional Service Providers use of the Products (including trial Products if any); (4) any intellectual property or other proprietary rights of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to the Company. When the Company is threatened with suit or sued by a third party, Written assurances from you concerning your promise to indemnify the Company may be seek by the Company ; your failure to provide such assurances may be considered to be a material breach of this Agreement. The Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website or Products, with counsel of the Company’s choice at its expense. You will have sole responsibility to defend the Company against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
Charges and Subscriptions
You could contact the Company’s support team via online chat: https://www.theholisticliving.org.in/consult/direct/chat-support in case of any technical failure, at the time of transaction and there is a problem in making payment,
Cessation of Operation
The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Effect of Waiver
The failure of Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law – Jurisdiction
This Website originates from the [Mumbai, Maharashtra, India]. This Agreement will be governed by the laws of India and the courts of Mumbai, Maharashtra shall have exclusive jurisdiction over the matters arising out of this Agreement. a] without regard to its conflict of law principles to the contrary. Neither you nor Company will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Mumbai, Maharashtra.
Company reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and the Company may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until the Company chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use- Company makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Notwithstanding anything herein, No party is authorized to make any claims, representations or warranties on behalf of the other party or bound the other party, by this Agreement. The relationship between the parties will be that of independent contractors. Nothing contained herein will be construed to imply a joint venture, principal or agent relationship, or other joint relationship, and neither party will have the right, power or authority to bind or create any obligation, express or implied, on behalf of the other party. No public statement disparaging the other party’s brand, marks, products or services shall be made by the practitioner. Each party will retain all right, title and interest in and to its products, services, marks, and all content, information and other materials, and nothing contained in this Agreement will be construed as conferring upon such party, by implication, operation of law or otherwise, any other license or other right.