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Terms & Conditions - Clients

HEAL2HEART APP CLIENT TERMS AND CONDITIONS

Effective Date: Jan 2021

 

Welcome to these Client Terms and Conditions (these “Conditions”), which govern your use of the Heal2Heart mobile application (the “Heal2Heart App”) and associated website, tools and features. These Conditions is an agreement between you (the “Client”) and Heal2Heart Sarl-s (“Heal2Heart”) with respect to your use of the Heal2Heart App to engage the services of an independent CAM Service Provider and other services you may enjoy therein (collectively, the “Services”).

 

You must review these Conditions along with other applicable agreements, including our Privacy Policy and Cookies Policy that describe how we process your data and our DMCA Notice for copyright violations and reporting process.

 

Please, be advised that the Heal2Heart App and the Services are not to be used in the event of any emergency nor in place of any medical diagnosis or treatment. You must treat the Services as a supplement. In the case of any emergency, please call the emergency number applicable to your location. For example, the emergency number in Europe (“E.U.”) is 112, while that of the United States (“U.S.”) is 911.

 

By using the Heal2Heart App and the Services and by clicking or ticking the “I accept” or “I agree” box or column (whichever applies), you hereby consent that you have read the entirety of these Conditions and that you agree to them. If you do not agree with these Conditions, you may not use the Heal2Heart App.

 

  1. DEFINITION OF TERMS

The following terms have the definitions attached to them under these Conditions.

  • Heal2Heart/us/we/our refers to Heal2Heart Sarl-s, a company registered in Luxembourg.
  • Client/you/your refers to anyone using the Heal2Heart App to receive the services of a CAM Service Provider.   
  • user refers to anyone using the Heal2Heart App and the Services. This may either be a Client or the CAM Service Provider.
  • CAM Service Provider refers to any user providing any complementary and alternative medicine independently on the Heal2Heart App to Clients. This user may be working individually or representing an organisation.
  • Heal2Heart App refers to any platform operated by Heal2Heart in relation to the Services, including the Heal2Heart mobile application, associated website and social media channels.
  • Services refer to your use of the Heal2Heart App to connect with another user (specifically to enjoy holistic healing services).

 

  1. SERVICE DESCRIPTION

Heal2Heart provides an e-commerce marketplace where users can connect to trade in relation to holistic healing or complementary and alternative medicine (CAM). Heal2Heart does not provide any healing services through the Heal2Heart App. We only provide the tools, platform, security and features that make the transactions between a CAM Service provider and Client possible. The CAM Service Providers on the Heal2Heart App are independent CAM organisations and individuals who do not have any affiliation with Heal2Heart.

 

Clients can review the profiles of the available CAM Service providers and book their services with the funds in their wallets. Before any session is provided to the Client, the details of the CAM Service Provider will be provided to the Client, and the Client can assess who they are dealing with.

 

  1. SERVICE ELIGIBILITY

To register on and use the Heal2Heart App, you must have attained the age of majority applicable to your location (usually 18 in most countries), and you must be able to form a legally binding agreement. You may not use the Heal2Heart App if you are below the age of majority in your location unless your use is supervised by a legal guardian or at least a parent. Likewise, you are not eligible to use the Heal2Heart App if the law of your location restricts you from doing so.

 

  1. SERVICES DO NOT REPLACE PROFESSIONAL ASSISTANCE

The Heal2Heart App is not intended to be used in place of visiting a doctor, pharmacist or other specialist and is not a substitute for professional medical advice. You must not use the Heal2Heart App to diagnose, treat or cure a medical condition or disease or otherwise determine a course of action. No patient-doctor or similar privileged relationship is established between you and any CAM Service Provider. Any information published on the Heal2Heart App or sent to us is not confidential and does not establish a privileged relationship.

 

Although all CAM Service Providers go through rigorous verification processes where we obtain government-issued documents and numbers, we do not guarantee that their services are legit. You are advised to do your due diligence when hiring any CAM Service Provider. We will not be responsible for any choice made in relation to the services rendered to you by any CAM Service Provider.

 

YOU HEREBY AGREE THAT ANY SERVICES PROVIDED TO YOU BY ANY CAM SERVICE PROVIDER THROUGH THE HEAL2HEART APP, INCLUDING ANY ADVICE, RESPONSE, READING, OPINION, PREDICATION, SUGGESTION OR INFORMATION IS PROVIDED FOR ENTERTAINMENT PURPOSES AND SHALL NOT BE A SUBSTITUTE FOR PROFESSIONAL SERVICES.

 

  1. ACCOUNT AND REGISTRATION

To use the Heal2Heart App to book a session with a CAM Service Provider, you must create a Client account and submit certain data to us. This data may include your name, image, email address, phone number, payment method and login details. By providing registration data to us, you agree and warrant to us that the data you provide is accurate, complete and valid and that you will be responsible for whatever activities occur under your Client account. You also warrant that you will notify our support team immediately you perceive any third-party access to your Client account. Please, note that we may, in our discretion, refuse your request to create a Client account on the Services.

 

In relation to your Client account, you agree that you will NOT:

  1. Open more than one Client account on the Heal2Heart App;
  2. You will not license, transfer, sell, assign or rent out your Client account to a third-party without our consent; or
  3. Create the account under a false name or identity and that your account name will not infringe on or violate another user or third party’s right.

 

In order to make account registrations easy, users are provided with third party account login features using social media plugins. You may sign up or log in to the Heal2Heart App using any available third-party account such as Facebook. By signing up or login into the Heal2Heart App through any third-party account, you automatically grant Heal2Heart the right to obtain the necessary data from such a third-party account, including your image, email address, contacts and other relevant content available on such third-party account needed to provide you with a Client account.

 

  1. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE

Apart from your User Content and other third-party content, all the content available on the Hea2lHeart App, including without limitation, the source codes, software, databases, functionality, web and app design, articles, texts, videos, graphics, audios, images, icons and logo (“App Content”), and our trademark and service mark (“Marks”) are owned and licensed to Heal2Heart and are subject to copyright and other intellectual property rights in Luxembourg, Europe and other parts of the world. The Heal2Heart website and app designs, icons, logos, headers, and service names are registered trademark, common law trademarks or trade dress of Heal2Heart in Luxembourg and other locations. You are not permitted to use our trademark or trade dress, including as part of domain names, in connection with any service or product in any manner that is likely to bring confusion, and you may not copy, imitate or use our trademark or trade dress in whole or part without our written approval.

 

Heal2Heart provides the App Content to you on “as is” basis for your information and personal use only. We do not permit you to copy, use, reproduce, aggregate, distribute, transmit, display, advertise, sell, sublicense or exploit it for any other purposes not defined under these Conditions without our written approval.

 

Subject to your compliance with these Conditions, Heal2Heart grants you a limited, non-transferable, royalty-free, non-sublicensable and revocable license to access the Heal2Heart App and the App Content and download any portion to which you have properly gained access for your personal, non-commercial use. Heal2Heart reserves all rights not expressly granted to you in and to the Heal2Heart App, the App Content and Marks.

 

  1. USER GENERATED CONTENT

Certain areas on the Heal2Heart App provides you with the ability to submit certain content, such as comments, reviews, images, chats, etc. (“User Content”). In order for Heal2Heart to make User Content available on the Heal2Heart App, we need your license to do so in accordance with these Conditions. Therefore, by posting User Content to the Heal2Heart App, you hereby grant Heal2Heart a non-exclusive, worldwide, irrevocable, royalty-free, perpetual license to use User Content for the purposes of the Services and any purposes related to it, including without limitation, editing, doing derivative works, reproducing, publicly displaying, translating, hosting, revising or incorporating into other works, such User Content on the Heal2Heart App and associated media known to us, as well as grant other users the same rights.

 

User Content uploaded to any public part of the Heal2Heart App will be publicly made available to users and visitors. You hereby acknowledge that Heal2Heart does not guarantee any confidentiality in relation to any User Content you submit to the Heal2Heart App.

 

You agree that users are solely responsible for any User Content they post to the Heal2Heart App. Heal2Heart is solely acting as a database; therefore, we make no warranty about the accuracy, validity, completeness, usefulness, relevance or legal status of any User Content.

 

Notwithstanding, when you post User Content to the Heal2Heart App, you warrant that:

  1. The distribution, creation, transmission, public performance and display, downloading, accessing and copying of your User Content will not infringe the privacy rights or any intellectual property rights of any third party or platform;
  2. You own the right to or have the necessary licenses and consents to permit Heal2Heart and other users to use such User Content to exercise the license you have approved under these Conditions;
  3. Your User Content is not indecent, lascivious, filthy, sexual, or does not ridicule, mock, intimidate or insult anyone, race, group, colour, sex, gender, tribe, continent or country, and does not support the violent takeover of any government;
  4. Your User Content does not go against any applicable law, statute, ordinance, rule or regulation of any applicable location;
  5. The User Content does not contain materials that solicit personal data or information from individuals under the age of majority (usually 18) or exploit persons under the age of majority in a way that is sexual or violent, or otherwise go against any federal law regarding child pornography; or
  6. Your User Content does not have links or materials that go against any provision of these Conditions or any applicable law.

Heal2Heart reserves the right to remove any User Content that it believes, in its discretion, violates the provisions of these Conditions, including terminating such user’s account for repeat violations.

 

We rely majorly on users to monitor violations of this paragraph. If you believe that any User Content violates this section or is otherwise inappropriate, please reach out to us via our Contact Us form.

 

  1. GUIDELINES FOR REVIEWS

Part of your User Content is the review and rating (“Review”) posted on a CAM Service Provider’s profile after a particular session or contract. You agree that the Reviews you post shall be in accordance with the services of the CAM Service Provider.

 

You agree that your Review will not:

  1. be biased, false, inaccurate or otherwise contain a bad language about a race, gender, religion, country, race, nationality or group;
  2. Promote illegal activities or contain links or materials that go against these Conditions;
  3. Contain personal details, such as your phone number, email address, home address, social media pages or links to your website or otherwise contain any information that can be used to contact you outside the Heal2Heart App;
  4. Contain any defamatory comments or start a campaign that encourages others to post negative or positive Reviews.

 

Heal2Heart reserves the right to take actions on any Review that violates the provisions of this section, including removing such Reviews and suspending, limiting or terminating the Client’s account.  

 

Reviews posted are not endorsed by Heal2Heart and do not represent our views. We do not take responsibility for Reviews or claims, losses or liabilities you may incur from any Reviews.

 

  1. PROHIBITED USES

You may not access or use the Heal2Heart App for any other purposes different from what Heal2Heart makes it available. The Heal2Haert App may not be used in connection with any commercial endeavours except those that are endorsed or approved by Heal2Heart. Prohibited uses include, without limitation:

  1. Attempting to bypass any measures of the Heal2Heart App designed to prevent or restrict access to it or any portion thereof;
  2. Engaging in any criminal or tortious activity, including trying to bypass the payment systems put in place on the Heal2Heart App;
  3. Attempting to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Heal2Heart App;
  4. Deleting any copyright or other proprietary rights notice from any App Content;
  5. Engaging in any automated use of the system, such as using any data mining, robots or similar data-gathering and extraction tools;
  6. Except as may be the result of standard search engine or internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (bot), cheat utility, scraper or offline reader that accesses the Heal2Heart App, or using or launching any unauthorised script or other software;
  7. Harassing, annoying, intimidating or threatening any Heal2Heart support agent engaged in providing any portion of the Services to you;
  8. Making any unauthorised use of any of the Services, including collecting usernames, and/or email addresses of other users by electronic or other means for the purpose of sending them unsolicited email;
  9. Interfering with, disrupting or creating an undue burden on the Heal2Heart App or the network or services connected to it;
  10. Transferring, assigning, selling or renting out your Client account to a third-party without our written permission;
  11. Systematic retrieval of data or other content from the Heal2Heart App to create or compile (directly or indirectly) a collection, compilation, database or directory without written approval from Heal2Heart;
  12. Attempting to or tricking, defrauding or misleading Heal2Heart and other users, especially in any attempt to learn sensitive account information such as login details;
  13. Using the Services as part of any effort to compete with Heal2Heart;
  14. Sharing of your personal contact data on the Heal2Heart in a view to dealing with a CAM Service Provider outside the Heal2Heart App;
  15. Using the Heal2Heart App in a manner that is inconsistent with any and all applicable laws and these Conditions, such as using the Heal2Heart App to launder money; and
  16. Engaging in any pornographic activities with any CAM Service Provider or otherwise acting inappropriately during a session.

 

Heal2Heart reserves the right to terminate your Client account without notice or liability if you violate any of the foregoing.

 

  1. FEES AND BILLING
  1. No external transactions: All transactions between Clients and CAM Service Providers are to be executed via the payment system made available on the Heal2Heart App. You are aware that any attempt to make payments for any session outside the Heal2Heart App constitutes a violation of these Conditions. You are also obligated to report any attempt by any CAM Service Provider to transact with you outside of the Services. For the avoidance of doubt, users are prohibited from seeking any advice, communication or transaction outside of the Heal2Heart App.
  2. Free session terms: All Client automatically have 1 free session minutes upon signing up for the Services. This free session is only valid against a CAM Service Provider who also has at least 1 free session on their account. For the avoidance of doubt, your free session cannot be used on any CAM Service Provider who does not have any free session left in their account (CAM Service providers have 4 free sessions by default at Sign Up). Clients acknowledge and agree that the free session minutes cannot be withdrawn to their bank in the form of money, but may only be used on the Services.
  3. Session booking: In order for a Client to book the services of a CAM Service Provider and engage in a session (after using their free session), the Client must first deposit money into their account wallet, which can be used to purchase session minutes (this applies to the courses listed by the CAM Service Providers, too). Payment can be made via any credit/debit card approved by Stripe Inc. (“Stripe”), the Heal2Heart approved payment processor. Any session minutes purchased will be in equivalence with the price of the CAM Service Provider as listed on their page. You hereby authorise us to deduct the cost of your session from your account wallet. Should your wallet be without the relevant funds to purchase a session, you will be unable to use the services of the CAM Service Provider unless you top up your wallet using your credit/debit card.
  4. Account deactivation: If your Client account is deactivated for any reason (either by you or us), the funds added to your wallet within 90 days will be refunded to your preferred credit/debit card minus Stripe’s processing fee of 2.9% +0,28Euro. Refundable funds will not apply to any funds deposited that is over 90 days in your wallet. Therefore, if account deactivation is coming from you, we advise that you use any funds deposited that is over 90 days before requestion the deactivation of your account.
  5. Donations: Please, be aware that the free sessions you enjoy on the Heal2Heart App are in the form of donations to keep the Services alive and available to all. No free session is subject to any refunds. Upon the cancellation of any free session or deactivation of your account, the free session automatically clears away. It will not go into your wallet balance.

 

  1. CANCELLATIONS AND REFUNDS
  1. Long-term Bookings: Under these Conditions, long-term bookings refer to sessions that are booked 72 hours before the session start time. You can cancel a long-term booking and get a refund to your wallet or reschedule it 48 hours before the session start time. There will be no refunds or rescheduling for any session if such cancellation or rescheduling request is made after 48 hours to the session start time. If you cancel a session after 48 hours to the session start time, the funds automatically go to the CAM Service Provider.
  2. Short-term Bookings: Under these Conditions, short-term bookings refer to sessions that are booked within 72 hours before the session start time. You can cancel a short-term booking and get a refund to your wallet or reschedule it 1 hour before the session start time. There will be no refunds or rescheduling for any session if such cancellation or rescheduling request is made after 1 hour to the session start time. If you cancel a session after 1 hour to the session start time, the funds automatically go to the CAM Service Provider.
  3. No show: If you miss an appointment with a CAM Service provider without cancelling or rescheduling, the funds will automatically go to the CAM Service Provider at the end of the session time. If, on the other hand, the CAM Service Provider cancels the session or did not show up, the funds automatically get refunded to your wallet. 
  4. Course: Cancellation times for any course session purchased on the Heal2Heart App are solely dependent on the cancellation policy stated by the CAM Service Provider on the course page. Since courses are not provided through the Heal2Heart App but at the location listed on the course page, it is very important you make any complaints about a course the moment you sense anything improper. This may include in situations where the location on the course page is empty or changed without proper notice; the CAM Service Provider did not show up or showed up very late; the course provided did not match the theme listed on the course page; or other issues relating to the course. We will review the issue. If it warrants any refunds, we will act accordingly.
  5. Refunds for unsatisfaction: Clients have the sole responsibility of selecting the relevant CAM Service Provider and assessing their capabilities. Clients assume the risk that any encounter with a CAM Service Provider may not address the Client’s needs or otherwise be relevant or satisfactory. However, under certain circumstances, we may issue refunds for any session that the CAM Service provider did not provide to standards. Clients have 24 hours to report to Heal2Heart if there is any issue with the session provided by a CAM Service Provider. If after 24 hours of the CAM Service Provider’s services there is no complaint or report from you, we will deem the service rendered and approved. All complaints beyond that period become invalid. We will investigate any refund request and notify the Client after making a decision. All decisions will be at our discretion, and our judgement shall be final and binding. Refunds shall be credited into your wallet upon the support or admin’s decision.
  6. Refunds for account deactivation: If, for any reason, your Client account is terminated (by you or us), you acknowledge and agree that any booked session or course will be cancelled and returned to your wallet or the CAM Service Provider subject to paragraph a) and b) above. If such funds are returned to your wallet upon account deactivation, we will only refund them to your payment method if such funds were deposited into your wallet within 90 days (as described in section 10(d) above). Therefore, we advise that you use any funds deposited for more than 90 days on the Heal2Heart App before attempting to deactivate your Client account.
  7. Payment method refunds: Please, be aware that any refunds request to your attached payment method will only apply to funds deposited into your wallet within 90 days. Funds deposited more than 90 days are not subject to payment method refunds. Such funds are retained on the Heal2Heart App in the form of donations. Also, the amount refunded to your payment method shall be the deposited funds minus the percentage processing fees charged by Stripe (usually around 2.9% + 0,28 Euro of the total funds). This free session is only valid against a CAM Service Provider who also has 4 free sessions to provide to 4 Clients by default
  1. PRIVACY POLICY

Heal2Heart cares about the privacy of the users of the Services. Please review the Heal2Heart Privacy Policy to understand how we handle any personal data we collect from you in relation to the Services. By using the Heal2Heart App and the Services, you are consenting to have your personal data transferred to and processed in Luxembourg and in accordance with applicable privacy laws. Your use of the Services constitutes your agreement to how we process personal data about you.

 

  1. COPYRIGHT POLICY (DMCA)

Heal2Heart respects the privacy and intellectual properties of users and third parties; therefore, we require that users do so too. We respond to copyright violations in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe a content on the Heal2Heart App, such as your image, belongs to you and you did not authorise the infringer to post such content, you may report to us in accordance with the procedures laid down in our DMCA Notice.

 

Likewise, if you believe that your content is a subject of copyright infringement and is removed by mistake, you may make a counter-notice to us using the procedures for making counter-notification in the DMCA Notice document referenced above.

 

  1. SERVICE DISCLAIMER

TO THE FULLEST EXTENT THE APPLICABLE LAW PERMITS, YOU HEREBY AGREE THAT YOUR ACCESS OF THE HEAL2HEART APP AND YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. HEAL2HEART DOES NOT WARRANT TO YOU THAT ANY SERVICES RENDERED TO YOU ON THE HEAL2HEART APP BY ANY CAM SERVICE PROVIDER WILL BE ACCURATE, RELIABLE OR FIT FOR ANY PURPOSE. LIKEWISE, WE DO NOT WARRANT THAT THE HEAL2HEART APP WILL BE ACCURATE, SAFE, LEGAL OR APPLICABLE. THEREFORE, HEAL2HEART WILL BEAR NO LIABILITY TO YOU OR ANY THIRD PARTY FOR DAMAGES INCURRED FROM YOUR RELIANCE ON THE SERVICES AND YOUR USE OF ANY CAM SERVICE PROVIDER.

 

HEAL2HEART HEREBY DISCLAIMS ANY LIABILITY FOR ANY HARM FROM YOUR USE OF THE HEAL2HEART APP. THE HEAL2HEART APP AND THE SERVICES ARE PROVIDED ON “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, COMPLETENESS, QUALITY OR NON-INFRINGEMENT.

 

HEAL2HEART WILL NOT BE LIABLE TO YOU FOR:

  • ANY ADVICE OR INFORMATION POSTED ON THE HEAL2HEART APP, INCLUDING ANY ADVICE FROM THIRD PARTIES OR COMMENTS FROM USERS;
  • ANY ERROR, OMISSION, INTERRUPTION OR ALTERATION TO THE SERVICES, THE HEAL2HEART APP OR ANY OF THE SERVERS;
  • ANY UNAUTHORISED ACCESS OF YOUR DATA AS A RESULT OF A BREACH OR CIRCUMSTANCES BEYOND OUR CONTROL;
  • YOUR INABILITY TO USE THE HEAL2HEART APP AS A RESULT OF ANY CIRCUMSTANCES BEYOND OUR CONTROL;
  • ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER HARMFUL SOFTWARE AVAILABLE ON THE HEAL2HEART APP FROM ANY THIRD PARTY; AND
  • ANY TRANSACTION ENTERED INTO BETWEEN YOU AND A CAM SERVICE PROVIDER.

 

CERTAIN JURISDICTIONS DO NOT ALLOW OR PERMIT THE EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE JURISDICTIONS APPLY TO YOU, THE DISCLAIMERS ABOVE MAY NOT APPLY TO YOU.

 

  1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT THE APPLICABLE LAW PERMITS, UNDER NO CIRCUMSTANCES SHALL HEAL2HEART, ITS EMPLOYEES, AGENTS, DIRECTORS, LICENSORS OR OTHER AFFILIATES BE LIABLE TO YOU OR THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FROM LOSS OF PROFIT, HEALTH, GOODWILL, DATA OR OTHER INTANGIBLE DAMAGES, THAT MAY ARISE FROM YOUR USE OF THE SERVICES, HEAL2HEART APP OR THE APP CONTENT, EVEN IF HEAL2HEART MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

DESPITE THE LIMITATION OF LIABILITY ABOVE, HEAL2HEART’S LIABILITY (IF FOUND LIABLE BY A COURT HAVING COMPETENT JURISDICTION) SHALL NOT EXCEED THE GREATER OF THE FEES YOU PAID ON THE SERVICES IN THE PAST 3 MONTHS OR THE SUM OF $100 (OR THE EQUIVALENCE IN YOUR CURRENCY).

 

IF YOU ARE A RESIDENT OF CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542:“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”. THIS PARAGRAPH ALSO APPLY TO LOCATIONS IN THE U.S. WITH SIMILAR LAWS, INCLUDING NORTH AND SOUTH DAKOTA AND MONTANA.

 

The Heal2Heart and the Services are provided from our base in Luxembourg to the E.U. and U.S. Heal2Heart does not warrant that the Services is appropriate in whatever location you are using it from. If you use the Services, you understand that your use is at your discretion, and you are responsible for complying with your local laws.

 

  1. INDEMNITY

You hereby agree to defend, indemnify and hold harmless, Heal2Heart, its employees, agents, licensors, directors, partners or any affiliates from and against any losses, damages, claims, liabilities, demands or expenses (including reasonable attorney’s fees) made by any third party due to or arising as a result of your use of the Heal2Heart App or the Services, your User Content, your breach of these Conditions or any applicable law or your representations and warranties.

 

  1. TERMINATION OF USE

These Conditions shall remain in force as long as the Heal2Heart App and the Services are in force. Heal2Heart may terminate these Conditions for any reasons without incurring any liability, including for reasons relating to your violation of these Conditions, your warranties and representations or any applicable law.

 

Upon the termination of these Conditions or your Client account, you are prohibited from creating another account under another or borrowed identity, even though you may be acting on behalf of a third-party.

 

  1. RELEASE

Aside from our obligations to interfere in any matters relating to refunds and payments between users of the Heal2Heart App, we are not obligated to interfere in other matters, claims or disputes between users. You hereby agree that any dispute between you and any user is solely between you and such a user and that Heal2Heart is under no obligation to interfere. You hereby release us from any issues that may ensue between you and other users in relation to your use of the Heal2Heart App.

 

  1. GOVERNING LAW AND JURISDICTION

These Conditions and any activity in relation to the Heal2Heart App shall be governed and construed in accordance with the laws of Luxembourg. You hereby agree that any dispute you may have with Heal2Heart shall be brought to the courts in Luxembourg.

 

  1. THIRD-PARTY LINKS

The Heal2Heart App may, on certain occasions, contain links or materials that lead to third-party websites or apps. That these third-party links are available through the Heal2Heart App does not mean we endorse them to be accurate, relevant or safe. If you access any third-party links or materials through the Heal2Heart App, you do so at your own risk, and you bear any losses or liabilities incurred from such links.

 

  1. ONLINE ACCESS

In order to engage in any session with any CAM Service Provider through the Heal2Heart App, you are required to have internet access, which shall be provided by your wireless carrier and your mobile device. Heal2Heart is not responsible for providing you with the necessary device and data to access any session booked through the Heal2Heart App as well as any error you may encounter as a result of the absence of internet access. We will not refund you for any sessions missed as a result of error from your mobile device or wireless carrier.

 

  1. CHANGES TO THESE CONDITIONS

Certain parts of these Conditions may be reviewed, updated or changed without notice or liability to you. We may change those parts for reasons, including without limitation, changes in applicable laws (or law) or any features on the Heal2Heart App or the Services. Any such changes will be effective upon us posting it on this page and changing the Effective Date above. You are required to review this page frequently for possible changes. We reserve the right to communicate changes to these Conditions via your email address, your account or any portion of the Heal2Heart App. Your continued use of the Heal2Heart App and the Services constitutes your acceptance of any changes made to these Conditions.

 

  1. MISCELLANEOUS
  1. Entire Agreement: These Conditions (and other applicable legal documents provided on the Heal2Heart App) constitutes the entire agreement between you and Heal2Heart in relation to your use of the Heal2Heart App and the Services, and together, these documents supersede any prior agreements, conditions or understanding that may have existed between you and Heal2Heart with respect to the Heal2Heart App.
  2. Waiver: Any failure of Heal2Heart to enforce a provision or right under these Conditions shall not operate as a waiver of our rights to enforce such a provision or right at a later date or on subsequent violations. No waiver under these Conditions shall be binding unless it is in writing.
  3. Severability: If any portion of these Conditions is found to be invalid by a competent court, then that portion shall be severed, and such severance shall not affect the validity of the remaining portions of these Conditions.
  4. Electronic Contractions: Your use of the Services includes the ability to enter into agreements or transact electronically. You hereby acknowledge that your electronic submissions constitute your agreement to be bound by for such transactions and agreements. Your agreement and intent to be bound by electronic contractions in relation to the Services includes our policies and agreements. You further agree that any electronic communication we furnish you will satisfy any legal writing as though it was in writing.
  5. Force Majeure: Heal2Heart shall not be liable to you for any delay or failure to provide the Services, which may be caused by circumstances beyond our reasonable control, including COVID-19, government actions, earthquakes, wars, riots, internet or server breakdown, hurricane Katrina and other acts of God.
  6. Assignment: You may not assign your rights under these Conditions to a third party without our written approval. We, on the other hand, may assign any of our obligations to third-party service providers.
  7. No Partnership: There is no joint venture, partnership, employment or agency relationship created between you and Heal2Heart as a result of these Conditions or your use of the Heal2Heart App or the Services.

 

  1. CONTACT US

We welcome suggestions, complaints, reports, claims, enquiries or feedback regarding these Conditions and the Services. If you wish to contact Heal2Heart regarding these Conditions or other matters relating to the Heal2Heart App, please reach out to our support via the Heal2Heart App or send a mail directly to us at heal2heart@gmail.com.