To begin the enrollment process, you must complete the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law (for example, the Elected Country may not allow minors to use the Services). As part of the application, you must provide us with your (or your business') legal name, address, phone number, and e-mail address. We may at any time cease providing any or all of the Services at our sole discretion and without notice.
Fee details are described below. You are responsible for all of your expenses in connection with this Agreement (if any). To use a Service, you must provide us with valid credit card information from a credit card or credit cards acceptable by HEALING CLOUDS ("Your Credit Card"), or valid bank account information for a bank account or bank accounts acceptable by HEALING CLOUDS (conditions for acceptance may be modified or discontinued by us at any time without notice) ("Your Bank Account"), or Stripe account details (“Your Stripe account”) or Stripe account details (“Your Stripe Account”). You will use only a name you are authorized to use in connection with a Service and will update all of the information you provide to us in connection with the Services as necessary to ensure that it at all times remains accurate, complete, and valid. You authorize us (and will provide us documentation evidencing your authorization upon our request) to verify your information (including any updated information), to obtain credit reports about you from time to time, to obtain credit authorizations from the issuer of Your Credit Card, and to charge Your Credit Card or debit Your Bank Account for any sums payable by you to us (in reimbursement or otherwise). All payments to you will be remitted to your Stripe Account; or your Stripe Account; or to your Bank Account through a banking network ;or by other means specified by us.
If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HEALING CLOUDS or third parties, then we may in our sole discretion withhold any payments to you for as long as we determine any related risks to HEALING CLOUDS or third parties persist; or decline the payments. For any amounts that we determine you owe us, we may (a) charge Your Credit Card or any other payment instrument you provide to us; (b) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (c) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (d) reverse any credits to your Stripe Account; or your Stripe Account; or to your Bank Account through a banking network; or (e) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in a deceptive, fraudulent, or illegal activity, or to repeatedly violate our policies, then we may in our sole discretion permanently withhold any payments to you. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the United States Dollar, and all payments contemplated by this Agreement will be made in the United States Dollar.
The standard charge that we levy on successfully completed sessions is 25% of the Session Charge set by the practitioner.
The standard charge that we levy on successfully completed sessions is 25% of the Session Charge set by the practitioner.
SUCCESSFULLY COMPLETED SESSIONS
The Session Charge taken into consideration for the payout is the Session Charge that practitioner has set when the session or package was booked by the client. The booking date is the date that is taken into consideration for the payout calculation.
Exceeds the minimum threshold of 60 minutes of being connected with the client;
The session has not been booked using promo code FREEHEALING or any other promo code that offers clients a 100% discount or is termed as ‘free session’ during marketing activities including and not limited to promotions;
There has been a complete payment received from the client booking the session in the total amount due as per final due amount including any promo codes that may have been applied during the time of booking;
The client has submitted a rating and review for the session after termination of the session after the minimum threshold of 30 minutes has elapsed.
FREEHEALING PROMO CODE
A session booked using the promo code ‘FREEHEALING’ or with any alternative promo code that offers clients to book a session with any practitioner with a 100% discount, implying that the client has not paid anything towards the Session Charge of that practitioner, does not constitute to a payout. This is non-monetary session wherein the practitioner shall only receive a rating and/or review from the client; and shall not receive any payout from Healing Clouds for this session.
Free Consultations are 100% discounted short sessions. The clients to not pay towards these consultations. Hence, the practitioner shall not receive any payout from Healing Clouds for this.
WAIT PERIOD FOR REQUESTING PAYOUT
Practitioners may view and request for payout after 24 hours have elapsed post successful completion the of the session.
The period of 24 hours post successful completion of the session is reserved for clients to raise a claim for refund for the paid amount. Consequently, this session shall be termed as ‘unsuccessful’ and shall not yield a payout for the practitioner for such a session. Clients are free to raise a refund request for any reason deemed suitable for them in their understanding. HEALING CLOUDS reserves the right to process such claims at our sole discretion and without explanation or reason provided to the practitioner.
OFFERING PACKAGE DEALS
The payout for sessions calculated in Packages will be calculated as discounted for each session as per the discount offered by the practitioner in the Standard Package and in the Premium Package.
HEALING CLOUDS OFFERING DISCOUNTS AND PROMO CODES
Healing Clouds reserves the right to offer discounts to Clients as a part of our marketing activities. We may, from time-to-time offer and advertise discounts and promotions to the client and you as a Practitioner, accept to discount and or reduce your session charges according to the discount percentage and duration of the discount set by Healing Clouds. A session may be booked at a discount using a promotional code (also referred to as ‘Promo Code’) or by the use of the vouchers. A discount may be a percentage off on the Session Charge or a fixed amount
The terms that shall apply to such sessions are as follows:
In the event that a session is booked using a promo code, the discount offered in this promotion, shall be equally divided between Practitioner and Healing Clouds.
The Practitioner shall deduct his/her portion of the discount from the Session Charge rate. Healing Clouds shall bear the cost for the remaining amount from the total discount on behalf of the client.
ILLUSTRATION FOR REFERENCE PURPOSES ONLY:
If your Session Charge is US$100 and the promotional discount offered by us is 50% then Healing Clouds and you will equally share this discount i.e. 25% each. Therefore, your new effective Session Charge will now become US$75 (US$100 minus 25% of US$100). Finally, when you will request for a payout, we shall pay you 75% of this new effective Session Charge.If your Session Charge is set at US$100 and the promotional discount offered by us is 50% then Healing Clouds and you will equally share this discount i.e. 25% each. Therefore, your new effective Session Charge will now become US$75 (US$100 minus 25% of US$100). Finally, when you will request for a payout, we shall pay you 75% of this new effective Session Charge.
|Actual Session Charge||Discount Offered||Your Effective Session Charge||Practitioner's Payout Amount|
GENERATING YOUR OWN DISCOUNTS AND PROMO CODES
In addition, practitioners may be able to offer discounts on their own on the platform as per their own choice. This discount shall range from a minimum of 5% to a maximum of 95% per hourly session.The terms that shall apply to such sessions are as follows:
In the event that a session is booked using a promo code, the discount offered in this promotion, shall be completely borne by the practitioner and HEALING CLOUDS shall not be liable for compensation of any portion of the amount that falls under this discount.
The Practitioner shall deduct his/her portion of the discount from the Session Charge rate. HEALING CLOUDS shall not bear any cost for the remaining amount from the total discount as aforementioned.
ILLUSTRATION FOR REFERENCE PURPOSES ONLY:
If your Session Charge is set at US$100 and the promotional discount offered by you is 50%, then your new effective Session Charge will now become US$50 (US$100 minus 50% of US$100). Finally, when you will request for a payout, we shall pay you 75% of this new effective Session Charge.
|Actual Session Charge||Discount Offered||Your Effective Session Charge||Practitioner's Payout Amount|
The term of this Agreement will start on the date of your completed registration for or use of a Service, whichever occurs first, and continue until terminated by us or you as provided in this Agreement (the "Term"). We may terminate or suspend this Agreement or any Service for any reason at any time by notice to you. You may terminate this Agreement or any Service for any reason at any time by the means then specified by HEALING CLOUDS. Termination or suspension of a Service will not terminate or suspend any other Service unless explicitly provided. Any terms that expressly survive according to the applicable Service Terms will also survive termination. Healing Clouds may, at any time, transfer, sub-contract or otherwise deal with our rights and/or obligations under this Agreement without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Agreement under ANY circumstance. If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that specific part will be deemed to be deleted, and the rest of the provision will continue in effect.
You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials, and to sublicense the foregoing rights to our Affiliates and operators of Healing Clouds Affiliate Program; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Trademarks (provided you are unable to do so using standard functionality made available to you via the applicable Healing Clouds website(s) or Service); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your Affiliates under applicable Law (e.g., fair use under United Kingdom copyright law, referential use under trademark law, or valid license from a third party).
Subject to your compliance with this Agreement, Healing Clouds provides to you a personal, revocable, limited, non-exclusive, royalty-free, and non-transferable license to utilize this website as an independently contracted practitioner of healing services. Unless otherwise stated, Healing Clouds owns the intellectual property rights published on this website and all materials used on www.healingclouds.com. Subject to the terms below, all these intellectual property rights are fully reserved and belong to Healing Clouds even if they are created by you during the performance of your services utilizing our website.
You may view, download for caching purposes only, and even print pages, files or other content from our website for your own personal use, subject to the restrictions set out below and elsewhere in this agreement.
If any of our content is made available for redistribution, it may only be redistributed within your home or organization if you have made your session payments in full and have no chargebacks with Healing Clouds. Additionally, we may, from time to time, give you permission to advertise your services on our website but you must obtain expressed, written permission to do so.
By acting as an independent contractor, you agree not to record your interactions with those you meet on our website or to utilize our intellectual property for advertisement purposes without expressed, written consent from us. In addition, you agree that Healing Clouds has complete authority to use your profile in any manner, and with all the content related to your online profile, for their marketing and advertising purposes with or without prior notice to you.
USE OF PLATFORM
Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, on this website. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including HTML code), programs, software, and documentation found on or accessible through this website or from an interaction with one of our users/clients that is not expressly authorized for your use by Healing Clouds.
Moreover, you may not:
use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this website or in any way reproduce or circumvent the navigational structure or presentation of this website in order to obtain or attempt to obtain any of Healing Clouds’ Materials or any other information through any means not purposely made available through this website;
attempt to gain unauthorized access to (a) any portion or feature of this website, (b) any other systems or networks connected to this website, (c) any HEALING CLOUDS server, or (d) to any of the services offered on or through this website, by hacking, password “mining,” or any other illegitimate or prohibited means;
probe, scan, or test the vulnerability of this website or any network connected to this website, nor breach the security or authentication measures on this website or any network connected to this website;
reverse lookup, trace, or seek to trace any information on any other user of or visitor to this website,
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this website or HEALING CLOUDS ’ systems or networks or any systems or networks connected to this website,
use any device, software, or routine to interfere with (a) the proper working of this website, (b) any transaction conducted on this website, or (c) with any other person’s use of this website,
forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to HEALING CLOUDS on or through this website,
use this website to harvest, exchange or collect email addresses, contact information, or other user or visitor information unless we provide them to you; in addition you may not ask for contact information from client including but not limited to phone numbers, email addresses, Skype ID, Zoom ID, etc.; or
The practitioner cannot prescribe medications or pharmaceutical drugs to clients on HEALING CLOUDS.
use this website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact HEALING CLOUDS.
By agreeing to this TOU, you acknowledge that Healing Clouds will place you in contact with potential clients from all over the world. By utilizing this website to perform your services, you understand that we are not responsible nor are we liable for any actions, advice, content shared, communication of your services to clients. By using our website and performing your services through our website, you agree that we do not exercise dominion or control over the way you conduct your services. You agree that we are merely providing you with a platform to meet clients and perform your work.
You represent and warrant to us that: (a) if you are a business, you are duly organized, validly existing and in good standing under the Laws of the country in which your business is registered and that you are registering for the Service(s) within such country; (b) you have all requisite right, power, and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses, and authorizations in this Agreement; (c) any information provided or made available by you or your Affiliates to HEALING CLOUDS or its Affiliates is at all times accurate and complete; (d) you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, the United Kingdom; or other applicable government authority; and (e) you and all of your subcontractors, agents, and suppliers will comply with all applicable Laws in your performance of your obligations and exercise of your rights under this Agreement.
You release us and agree to indemnify, defend, and hold harmless us, our Affiliates, and our and their respective officers, directors, employees, representatives, and agents against any claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys' fees) (each, a "Claim") arising from or related to:
your actual or alleged breach of any obligations in this Agreement;
any of Your Sales Channels other than HEALING CLOUDS Sites and HEALING CLOUDS Affiliates, Your Sessions (including their offer, sale, performance, and fulfillment), any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death, or property damage related thereto;
Your Personnel (including any act or omission of Your Personnel or any Claim brought or directed by Your Personnel); or
You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.
Without prejudice to Healing Clouds’ other rights under this Agreement, if you breach this agreement in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to this website, prohibiting you from accessing this website, blocking computers utilizing your IP address from accessing this website, contacting your internet service provider to request that they block your access to this website, and/or bring legal proceedings against you.
In fact, at any time, without notice and without cause, we may suspend your account for any reason we deem necessary. We may also bring legal proceedings against you and claim for damages, suspend the funds in your account and prohibit you from accessing them if we determine this is necessary to protect our brand and our clients. By agreeing to this Agreement, you expressly provide us permission to suspend your account without notice and without cause if we find it necessary to protect our business interests.
The HEALING CLOUDS LTD website(s) and the services, including all content, software, functions, materials, and information made available on or provided in connection with the services, are provided "as-is." as a user of the services, you use the healing clouds sites, and the services, at your own risk. to the fullest extent permissible by law, we and our affiliates disclaim:
any representations or warranties regarding this agreement, the services or the transactions contemplated by this agreement, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement;
implied warranties arising out of course of dealing, the course of performance, or usage of trade; and
any obligation, liability, right, claim, or remedy in tort, whether or not arising from our negligence. we do not warrant that the functions contained in the healing clouds sites and the services will meet your requirements or be available, timely, secure, uninterrupted, or error-free, and we will not be liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of any transactions.
Because HEALING CLOUDS is not involved in transactions between clients and practitioners or other participant dealings, if a dispute arises between one or more participants, each participant releases HEALING CLOUDS (and its agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Practitioner acknowledges and agrees that the Platform is being provided for use "as is", and therefore the Practitioner will not have any plea, claim, or demand towards us in relation to the Platform's users, members, properties, limitations or compatibility with the Practitioner's needs. The Practitioner shall not have any plea, claim or demand against us, with respect to any services the Practitioner decides to provide in connection with the use of the Platform. To the fullest extent of the law, we expressly disclaim all warranties of any kind, whether expressed or implied.
Registration, providing Practitioner Services and any use of the Platform is being made at the Practitioner's sole and entire risk, without warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, or accuracy. We expressly disclaim all warranties for information posted or transmitted by the Platform's Users and or members.
The Practitioner will bear all the risks associated with the uploading and transmitting material and utilizing the Platform including reliance on its accuracy, reliability or legality. We will not be deemed the Practitioner or recipient of any services acquired through the Platform. The Practitioner provides Practitioner Services at his or her sole and entire risk.
Under no circumstances, we will be held liable to any Practitioner 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 advantages.
The Practitioner acknowledges and agrees that we disclaim any liability in relation to any claim, suit or action brought by a User in connection with provision of any Practitioner Services by a Practitioner, including but not limited to representations by the Practitioner as to the Practitioner's qualifications and advice provided by him or her, through the Platform.
The Practitioner agrees to indemnify and hold us harmless in connection with any such claim and any damages or expenses arising therefrom.
The Practitioner acknowledges and agrees that we disclaim any liability in relation to their online profile being deactivated or deleted from our platform. Healing Clouds reserves the sole right to delete, and/or deactivate, and/or disapprove any practitioner’s profile with or without providing a reason for it.
The Practitioner will be solely responsible for any agreements he chooses to make with a User. We will not be responsible or liable in any way for any agreement made between a Practitioner and a User and or for enforcing any such agreement, including but not limited to any agreements in relation to Practitioner's fee, and or usage of the Platform in any way other than offered and suggested as the Practitioner Service at the Platform. Any agreement a Practitioner chooses to get into with a User is at his or her sole responsibility and entire risk. The Practitioner acknowledges that he or she will solely be responsible and liable for any damages to any User to whom the Practitioner provides services and to any User who suffers damages arising from or connected to such services that he provided to that User. In the event of a dispute regarding any transaction conducted through the Platform the Practitioner hereby releases us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including but not limited to, court costs and attorney's fees, which the Practitioner may have against one or more of the above.
We shall not be liable to you or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages. Our aggregate liability for damages arising with respect to this agreement and any and all use of the Platform will not exceed the total amount of money paid by you or to you through the Platform in the 1 month period prior to the date of the claim.
We explicitly disclaim any liability with respect to any claim, suit or action made by a User. You agree to indemnify, defend and hold us harmless with respect to any such claim. If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT.
Healing Clouds LTD and www.healingclouds.comwww.healingclouds.com, is an online technology platform where users may seek alternative and holistic therapies from independent practitioners. We do not provide healthcare, medical or surgical treatment of any kind on our platform. All practitioners on our website are third-party providers who work independently and are not employed by Healing Clouds LTD or any of its affiliates. We do not represent or professionally endorse any alternative medicine or holistic healthcare practitioners. Holistic healing therapies and practices on our website are not intended to replace traditional and/or conventional medicine, but rather to complement it. If symptoms persist or the ailment is severe, please immediately consult a medical doctor.
This section (disclaimers and limitation of liability) shall survive the termination or expiration of this Agreement.
As between the parties, you will be responsible for the collection, reporting, and payment of any and all of Your Taxes, You agree to and will comply with the Tax Policies. All fees and payments payable by you to HEALING CLOUDS under this Agreement or the applicable Service Terms are exclusive of any applicable taxes, deductions or withholding (including but not limited to cross-border withholding taxes), and you will be responsible for paying HEALING CLOUDS any of Your Taxes imposed on such fees and any deduction or withholding required on any payment.
During the course of your use of the Services, you may receive information relating to us or to the Services, including but not limited to HEALING CLOUDS Transaction Information, that is not known to the general public ("Confidential Information"). You agree that: (a) all Confidential Information will remain HEALING CLOUDS' exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services; (c) you will not otherwise disclose Confidential Information to any other Person; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way. Healing Clouds may disclose your personal information to the extent that it is required to do so by law and in good faith, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend our legal rights.
We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.
Subject to our terms and conditions, you and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us.
The Practitioner will not provide to Users any services other than Practitioner Services.
The Practitioner will not diagnose, treat, test, advise, counsel, recommend a course of treatment, or otherwise provide or perform any services that require an in-person meeting with a User or examination of a User.
You will have no authority to make or accept any offers or representations on our behalf.
When providing Practitioner Services or making any other use of Platform, the Practitioner must exercise a reasonable standard of care, at least the same as the Practitioner would in a similar transaction not conducted through the Platform or the Internet. Without derogating from the above, the Practitioner must exercise the standard of care mandated by his or her profession.
The Practitioner will not provide to Users any services which may not be lawfully rendered or provided through the Platform according to the laws, regulations, and ethics that applies in the Practitioner's jurisdiction.
The Practitioner agrees that the Practitioner Services, advice and or information that he or she provides to a User, aren't in any way to be considered a substitute for a face-to-face interaction between the User and the Practitioner (or any other professional).
All contact between the Practitioner, Users and any other Users or consumers who are introduced through the Platform must be conducted only through the Platform.
The Practitioner agrees to never engage in the practice of medicine or enter into a physician/patient relationship with any User through the Platform.
The Practitioner will not prescribe or dispense medicines.
The Practitioner may not use this Platform to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
The Practitioner will advise Users whenever appropriate that his or her advice is not a substitute for the advice or treatment of a physician after a physical or medical examination.
Whenever appropriate, the Practitioner will recommend Users to seek help by meeting a qualified professional face-to-face.
The Practitioner will provide Practitioner Services only about and in respect of non-emergency matters and issues. For emergency matters and issues, the Practitioner will instruct the User to immediately call their local emergency assistance number.
The Practitioner will indemnify, defend and hold us harmless and indemnified against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against us, to the extent that such claim, suit, action or other proceeding is based on or arises from:
The Practitioner's provision of the Practitioner Agreement to any third party, regardless of whether or not they are Users of the Platform service;
any breach of any representation, warranty, covenant or agreement to be performed by the Practitioner according to this Practitioner Agreement; or
any materials that the Practitioner has posted to or through the Platform and/or any content provided by the Practitioner to Users.
The Practitioner further agrees and commits not to engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive.
The Practitioner agrees and commits not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to the use of the Platform and to the Practitioner's relationship with the Users and us.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree and confirm that your use of the Platform, including the Practitioner Services, are made directly by you and that you are using neither the Platform nor the Practitioner Services for or behalf of any other person or organization.
You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason.
If you receive or send any file from us or from a Client or a User, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following:
unsolicited email and/or advertisement or promotion of goods and services;
malicious software or code;
unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content;
any content that infringes a third party right or intellectual property;
any content that may cause damage to a third party;
any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following:
your access to or use of the Platform;
any actions made with your account or Account Access whether by you or by someone else;
your violation of any of the provisions of this Agreement;
non-payment for any of the services (including Practitioner Services) which were provided through the Platform;
your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
This clause shall survive the expiration or termination of this Agreement.
You will not, and will cause your Affiliates not to, directly or indirectly:
disclose any HEALING CLOUDS Transaction Information (except that you may disclose that information solely as necessary for you to perform your obligations under this Agreement if you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information);
use any HEALING CLOUDS Transaction Information for any marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with our or your privacy policies or applicable Law;
contact a Person that has ordered Your Product with the intent to collect any amounts in connection therewith or to influence that Person to make an alternative transaction;
disparage us, our Affiliates, or any of their or our respective products or services or any customer; or
target communications of any kind on the basis of the intended recipient being a Healing Clouds Site user. In addition, you may only use tools and methods that we designate to communicate with Healing Clouds Site users regarding your Transactions, including for the purpose of scheduling, communicating, or canceling the fulfillment of Your Services.
The terms of this section do not prevent you from using other information that you acquire without reference to Healing Clouds Transaction Information for any purpose, even if that information is identical to Healing Clouds Transaction Information, provided that you do not target communications on the basis of the intended recipient being a Healing Clouds Site user.
HEALING CLOUDS MAY COLLECT ANY OR ALL OF THE FOLLOWING INFORMATION:
- habits in how you utilize our website;
- registration details;
- electronic health information;
- name, age, gender, address, phone number, social security number, insurance information, and credit card/PayPal or Stripe account name/number;
- keywords so that we can determine items that interest you and provide the most relevant items for you in the future as a result;
- IP address, browser type, domain names, access times and referring website addresses;
- and any additional information you send to Healing Clouds via any of the channels available for communication on the platform.
HEALING CLOUDS MAY UTILIZE PERSONAL INFORMATION IN THE FOLLOWING WAYS:
- governing this website;
- sending emails and updates;
- publishing information on the website;
- contacting you about new services;
- collecting payments via our e-commerce system;
- And transmitting marketing communications or materials.
HOW WE SECURE YOUR DATA
Healing Clouds will do everything reasonably possible to prevent the loss, misuse or alteration of your personal information.
Healing Clouds tries its best to reasonably secure your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to our website or other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol and Virgil Security. Healing Clouds is GDPR and HIPAA compliant.
HOW YOU CAN VIEW YOUR PERSONAL INFORMATION WE HAVE COLLECTED
You may send us an email at email@example.com any time and we will let you know what personal information we have collected. If we create the option for you to have an account on our website, you will also be allowed to log in and check the personal information that we have collected about you.
Healing Clouds supports the following Web Browsers and Operating Systems.
|Google Chrome Ver. 67 and above||Mozilla Firefox Ver. 59 and above||Safari Ver. 11.1.2 and above|
|Android 7.0 and above||-|
|iOS Safari Ver.11.4 and above|
|macOS X 10.13.4 and above|
* Chrome and Firefox for iOS do not have access to WebRTC APIs, unlike Safari for iOS.
Internet Speed Requirements
- 5MBPS download speed, 2MBPS upload speed
- Camera/Webcam should be functional and working for the sessions to take place
- Speakers should be functional and working for the sessions to take place
- The microphone should be functional and working for the sessions to take place
HEALING CLOUDS may utilize cookies on this website to provide the most efficient experience possible. Therefore, by continuing to utilize this website, you agree without restrictions to our use of these cookies. Cookies are small files that we may place on your device to help us provide the best possible experience for you.
Cookies should make your browsing experience better. However, if you are uncomfortable with our utilization of cookies, you may disable cookies and are still able to utilize our website and the features of our website. The most effective way to disable cookies is in your web browser.
This site utilizes Google Analytics and Google Console, and may use other applications, for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as the time you spend on the site or pages you visit, which helps us to understand how we can improve the site for you.
We may test new features and make changes to the way this site is delivered from time to time.
As we provide our website to advertise our online distance healing and therapy services, community and materials relating to these services for your convenience, it's important for us to understand statistics about how many of the visitors to our site actually read every page. Our cookies may track this type of data as a result.
We may decide, in some cases now or in the future, to provide you with custom content based on what you tell us about yourself. These types of cookies simply allow us to provide you with content that we believe may be of interest to you.
Third Parties and independently contracted Practitioners may advertise on our behalf from time to time. If they do, affiliate tracking cookies may be utilized to simply allow us to see if our customers have come to the site through partner sites so that we may credit them appropriately.
We may utilize social media buttons and/or plugins on this website that allows you to connect with your social network in various ways. For these to work, these sites may set cookies through our site, which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies. We do not take responsibility for any outcome you experience from a third party social media site as a result of their connection with our website and your utilization of our website.
Some of HEALING CLOUDS’ services may link you to the website of other companies that are not in any way apart of the same entity as HEALING CLOUDS. Therefore, when leaving our website to a third party website or affiliate, you do so at your own risk. When you participate, register, or engage in other online activities related to third parties or independently contracted Practitioners that are provided by HEALING CLOUDS, you should be aware that you are providing your information, which may include Personal Information, to us and the third party, and that their policies, practices, terms and conditions, and not ours, applying to their collection and use of your information.
If you or any of your Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to any Healing Clouds Site or Service (including any related Technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content. If we make suggestions on using the Services, you are responsible for any actions you take based on our suggestions.
We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
We may freely transfer or assign this Agreement or any of its obligations hereunder.
YOUR CONTINUED USE OF A SERVICE AFTER HEALING CLOUDS' POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
You hereby confirm that you are at least 18 years old of age and that you are legally able to enter into a contract.
At all times the Practitioner will provide the correct and accurate representation of his or her skills, degrees, qualifications, background and other information, whether this information is provided to us, to the User and on any form submitted to or presented on the Platform. In addition, the Practitioner will provide the same correct and accurate representation of his or her skills, degrees, qualifications, background and other information to the users, including but not limited to, in any kind of communicating or providing Practitioner Services to Users.
The Practitioner will not mislead Users to believe that he or she can provide a service which is outside his or her fields of licensed expertise and will not misrepresent him or herself or create any misleading name or listing.
The Practitioner will maintain and update all such information during the term of this Practitioner Agreement to keep it true, accurate, current and complete.
The Practitioner shall not perform any Practitioner Services and or other services or offer any advice in any jurisdiction where the Practitioner is not authorized or licensed or in good standing to do so.
You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
The Practitioner will not provide any Practitioner Services or advise to any User unless the Practitioner is a licensed professional in good standing in the relevant field of expertise and he or she abides by all relevant laws, rules, and regulations, including but not limited to rules of ethics and professional responsibility.
We may review the Practitioner's personal profile and amend any typing or spelling errors. We cannot and will not verify or examine the truthfulness or accuracy of the details in the Practitioners personal profile, credentials, qualifications, or any of the Practitioner's postings or transmissions. However, we may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Practitioner. Without derogating from the above, we remove any content for any reason.
The Practitioner will maintain his or her skills, qualifications, eligibility, and other information and requirements, including maintaining his or her status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where the Practitioner practices his or her profession.
The Practitioner represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by the Practitioner, including, but not limited to, applicable professional liability insurance.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the United Kingdom, excluding any rules governing the choice of laws.
You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the district court in the United Kingdom. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
Healing Clouds may revise this Agreement from time-to-time. Revised Agreement will apply to the use of this website from the date of the publication of the revised Agreement on this website. Please check this page regularly to ensure you are familiar with the most current version. Healing Clouds is not obligated to update you on variations of this Agreement and you agree to regularly check this Agreement to ensure that you are up-to-date with our policies, and terms at all times. The last update date of this Agreement is posted at the bottom of the Agreement.
Healing Clouds welcomes your questions or comments regarding these Agreement. If you believe that Healing Clouds has not adhered to this Statement, please contact Healing Clouds at: firstname.lastname@example.org
If you are in a crisis or any other person may be in danger - please don't use this site. Kindly Contact your Local Emergency Helpline immediately.
This Agreement was last updated on 1st December 2018.