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You have to grow from the inside out. None can teach you, none can make you spiritual. There is no other teacher but your own soul. - Swami Vivekanad

Terms & Conditions

Terms of User Agreement

This Terms of User Agreement (hereinafter referred to as the “Agreement”) entered on current date (hereinafter referred to as the “Effective Date”)

BETWEEN:-

Rainbow Creative Crafts (hereinafter referred to as “HolisticMind”) AND you (hereinafter referred to as “User”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term “User” shall refer to such entity;

WHEREAS the HolisticMind is a 100% subsidiary of Rainbow Creative Crafts dealing in wellness and holistic healing. HolisticMind is acting as a platform between wellness holistic healers and the Users who would like to avail their products / services;

AND WHEREAS the Users are interested in availing of the products and/or services offered by HolisticMind, includes Mobile Application;

NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, HolisticMind and the User, intending to be legally bound, hereby agree as follows:

1. Definitions

a. “Account” means the account created upon registration at HolisticMind platform and includes the profile thereunder;

b. “Agreement” shall mean all this User Agreement and Privacy Policy collectively;

c. “Content” means all information, data, text, audio, graphics, video, messages, images, location, logos, advertisements, software code, design, and the collection, arrangement and assembly of content, contains Third Party Service Providers’ content;

d. “Dashboard” refers to the control panel page provided at HolisticMind.co to the users to manage profile, listing, events, posts, shop and more;

e. “Event” means the upcoming online and offline events as displayed under the Events section upon the website;

f. “Guest” means a normal visitor at this website, who accesses the website www.HolisticMind.co without registration;

g. “HolisticMind”, “Rainbow Creative Crafts” or “Company” refer to the website www.HolisticMind.co, which is an Intermediary under the Information Technology Act and Rules there under;

h. “Profile” or “User Profile” refers to your personal information appearing on your profile page;

i. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information;

j. “Registered User” means a user who has registered at HolisticMind.co;

k. “Registration Data” refers to the information to be provided in the registration form that includes name, email, location and contact and any other information provided later, which except the sensitive information may also form part of your User Profile;

l. “Return” means an action of giving back the product ordered at HolisticMind portal by the consumer;

m. “Sensitive Information” or personal data of a person means such personal information which consists of information relating to password, financial information, etc as defined under Information Technology Rules;

n. “Site”, “Website” refers to the website www.HolisticMind.co and equally applies to the use of the Mobile App;

o. “Terms” and “User Agreement” refers to the Terms of User Agreement contained herein below;

p. “User”, “you” and “your” refer to the registered user, who uses the HolisticMind services at HolisticMind.co;

q. “We”, “us” and “our” refer to the HolisticMind / Rainbow Creative Crafts and its management;

The other terms would have meaning as defined either under Information Technology Act, 2000 and rules made thereunder or otherwise generic words are to be interpreted as per English (U.K.) Dictionary.

2. Agreement

Before you decide to access the Website or avail the products or services made available through this Website by HolisticMind, please carefully go through these Terms and the accompanying documents referred herein below. These Terms, Privacy & other Policies referred herein together constitute a legal agreement between you and HolisticMind in connection with your visit to the Website and your use of the website to avail products/services. Compliance with these Terms of Use would entitle you to a personal, non-exclusive, non-transferable, limited privilege to access and transact on the Website.

Though you can browse through various products and services but in order to make proper use of the HolisticMind.co, you must be a registered user of the Site, which includes an option to subscribe to our Newsletter/News & Updates. In any case, you agree that, by the access to the HolisticMind.co website at any point or by completing the account registration process and clicking the “Submit” button, you will be bound by the following User Agreement. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. Furthermore:

a. HolisticMind.co services owned and operated by Rainbow Creative Crafts, Mumbai, India, and is provided to you under the terms and conditions of this User Agreement and any other operating rules or policies that may be published by us on the website from time to time.

b. All the terms set here are presented in English language and it is the sole responsibility of the user to understand these terms accurately in the language he understands. You must read, understand and agree with and accept all of the terms and conditions contained in these Terms, which include those terms and conditions expressly set out below and those incorporated by reference, before you use services or register at this website.

c. HolisticMind reserves the right to modify the User Agreement at any time by posting a new agreement on our site; you should always review them prior to using the Site. In case, any modification to the agreement is unacceptable to you, your only recourse will be to terminate this agreement. In case you continue to access any of our services after that time you will be deemed to have accepted any change.

d. HolisticMind reserves the right to modify this Agreement at any time by posting a new agreement on our site and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement. In case, any modification to the agreement is unacceptable to you, your only recourse will be to terminate this agreement. In case you continue to access any of our services after that time you will be deemed to have accepted any change.

3. HolisticMind Platform

a. HolisticMind is an online platform for your wellness and holistic needs. HolisticMind’s intention is to be of assistance to individuals as well as corporates to include a holistic approach in problem solving areas. HolisticMind is offering connective services between wellness holistic healers and the people who would like to avail their services and also selling related products at HolisticMind’s Shop. You can read more under the About Us section at HolisticMind.co.

b. HolisticMind authorizes you to view and access the content available on the Website solely for the purposes of availing the Products / Services, such as visiting, viewing, ordering, receiving, delivering and communicating only as per these Terms of Use. Further, in order to submit / manage posts, shop products, listings or event details, you need to register an account at the website as a registered user. HolisticMind accepts minimum details at the time of registration, kindly read Privacy Policy for further details.

c. The Shop at HolisticMind makes available holistic health related products at attractive prices for registered members. The orders can be placed online, before ordering you can check for the delivery date by entering Pin Code and go through product description. HolisticMind tries it’s best to get the ordered product delivered within the estimated time provided but on occasions it can get delayed due to unforeseen circumstances. Shipping Charges may apply on product orders over and above the price quotes. Users always have the option to enter coupon code and avail discounts and offers during festive seasons. The payment can be made through a secured payment gateway. Kindly refer to the Privacy Policy for further details as to information you input at the time of placing the order with us.

d. HolisticMind offers various online and offline wellness events to the users, wherein users can register directly with the event provider as per the details available upon the website. The users are advised to do due diligence at its end as to the event details, HolisticMind is just acting as a platform for third party events but does not take any responsibility of any kind as to third party events. Further, HolisticMind from time to time will also organize in-house events, for which you can register online and further specific terms and conditions, if any applicable, will be displayed with the event details. The payment would be processed through a secured payment gateway.

e. At HolisticMind, as a registered User, you can also post Articles, which should be your own copyrighted material with original/fresh content, that has not been published elsewhere. Further to get listed as a healer, you can provide details through your dashboard under listings. But all the submissions through the dashboard are subject to review by the website administrator.

f. HolisticMind does not endorse any views or opinions that may be included in the Website Content, or other information provided through our Services. Your order for our Products / Services or use of our website in any manner, does not constitute a professional relationship between you and HolisticMind.

g. The information on this Website is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice of your physician or other qualified healthcare professional with any questions you may have about your medical condition. KIndly refer to the Disclaimer below for further details.

h. These Terms of Use constitute an electronic record in terms of the Information Technology Act and Rules framed thereunder, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures. You further understand that the HolisticMind is just an Intermediary in terms of Information Technology Act 2000 and is liable to you in terms of Section 79 of Information Technology Act, 2000.

4. Pricing & Shipping Policy

a. For availing any products/services at HolisticMind, you need to have a registered account with us, unless otherwise specified. The services provided are listed upon the website that includes consultancy with professional healers, subscribing to events/courses, access to latest updates / articles, online shop and so on. The products/services have respective prices indicated against various products/services, or alternatively contact details for further information.

b. The payment made towards any order placed at this portal, either for any services or products, is collected online through duly approved secured Payment Gateway. Further, the payment can be deposited offline, in cash or cheque in special cases only.

c. In case of an enrollment for an event, the details will be delivered in your Inbox and/or a representative will get in touch with you, in case of further information. While in case of any products ordered at the shop, the same are dispatched within 24-48 hours of order. We have special arrangements with a local courier company to provide a speedy delivery of your order in case of physical products.

d. At HolisticMind.co, we do our best to ensure that you are completely satisfied with our products / services. Accordingly, we try to process the correct order and strive to service the products and services in the right conditions / without any damage every time a user places an order. But still situations may arise for you to return the product and demand a refund against the same, the following may apply to you.

5. Refund Policy

At HolisticMind.co, we strive our best to ensure that a customer is completely satisfied with our products and services. Accordingly, our team facilitates processing correct orders for products / services. Kindly note, that we are currently dealing mainly in digital products and the transaction is completed as soon as the products are delivered and no refunds are available against a digital product.

In case of any physical products, the situation may arise for you to return the product and demand a refund against the same. We are happy to issue a full refund based on the conditions listed below:

a. Product(s) delivered do not match your order;
b. Product(s) delivered were damaged in transit (do not to accept any product which has a tampered seal);
c. Received a defective item.

In other cases, in case of any special request/concern in this regard, the decision as to refund by the HolisticMind management will be final and binding. You can write to us at info@HolisticMind.co with proper details and supporting documents. Management may decide on the request received, after taking into consideration the facts and circumstances of the case.

B. User’s Account

6. User Eligibility

a. To be able to use any services offered by HolisticMind, you need to be competent to Contract in terms of Indian Contract Act, 1872. If you are a minor, i.e. below 18 years of age in India or below the majority age as per the laws of your country, you can use the services only for information and/or knowledge purposes. HolisticMind reserves the right to ask for proof in support of age or even terminate your membership, if it is brought to our notice that account was created by providing age falsely.

b. You confirm that any court, tribunal or any adept authority does not prohibit or impose any kind of restriction/conditions/order to enter this agreement or online services of nature and function similar to ours.

c. Lastly, you confirm that you are not violating any applicable law by entering this agreement. We reserve the right to terminate your services and refuse to provide access to the Site in case of any such violation.

7. Registered Users:

You understand that HolisticMind services are made available to you subject to registration upon the website in terms of these Terms of Use. Further,

a. You are liable to provide true, accurate, updated and complete profile at HolisticMind.co and regularly maintain and promptly update the Profile to keep it true, accurate, updated and complete, failing which your account can be deactivated/disabled;

b. You are free to conduct an independent due diligence with respect to any Products / Services made available through HolisticMind.co;

c. You are expected to comply with the applicable law of the land as well, as may be applicable in your jurisdiction;

8. Account Obligations

You agree:

a. You will use the HolisticMind services only for the purpose that are permitted by the aforesaid Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction;

b. Your HolisticMind account and the activity under it are subject to review from time to time by the HolisticMind. On the basis of the HolisticMind’s report, your account may be blocked or may become subject of deletion if found to be transmitting objectionable, obscene or offensive material or links to the same or otherwise found to be indulging in violation of the Code of Conduct, without any prior notice to you;

c. You are responsible for maintaining the confidentiality of the issued Username and Password at HolisticMind and for restricting access to the account, and further agree to accept responsibility for all activities that occur due to your use or under your account or password;

d. HolisticMind reserve the right to reject any information/data posted over the website without assigning any reason and make all such modifications/editing to the information submitted in order to fit into the database;

e. HolisticMind at its own sole discretion and at any time, may set limitations on the number of transmission you may send or receive through the Services or on the amount of storage space that can be used for the provision of this Service and as a result some features may be blocked or information deleted;

f. If your HolisticMind account is blocked in any circumstances including as provided under the terms, you may be prevented from accessing all the services available under this website. Further, you agree that you may not try to register under an anonymous name to get access to the site otherwise for any purpose whatsoever;

You must promptly notify HolisticMind of any breach of security related to the Services, including but not limited to unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.

9. Code of Conduct

You would not to host, display, upload, modify, publish, transmit, update or share any information that —

a. belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material;
b. is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. harm minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonate another person;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
j. Is false, defamatory or libelous, inaccurate, abusive, vulgar, bigotry, hateful, harassing, offensive, obscene, profane, threatening, promoting racism, promoting illegal activities, promoting physical harm of any kind against any group or individual, invasive of a person’s privacy, adult material including pornography, or otherwise in violation of any Indian or International Laws.

Further,
a. You agree not to indulge in any kind of Social Engineering or any act of data mining in a bid to find any information of the registered users at HolisticMind.co or build and distribute any data related to HolisticMind users in any other manner.

b. You will not rent, lease, trade or sell access to the Services or related information or data. Otherwise also sell, sponsor, or otherwise monetize HolisticMind user details or any other feature of the service, without our consent.

c. You agree to not (and permit anyone else to) copy, modify or extract the source code of the service or any part thereof. You further agree that you may not indulge in any kind of process, which may be termed as work of Reverse Engineer unless this is expressly permitted or required by law or unless you have been specifically told that you may do so by us, in writing.

d. You will not use the Service to distribute or upload any virus, trojan horses or do anything else that might cause harm to the Service, our systems or to other users’ systems in any way.

e. You agree to not use the platform for any kind of promotion or spam or chain letters, unsolicited messages or any other related activity through the use of HolisticMind services.

f. You will not solicit passwords or personal identifying information for any purposes from other users or try to crack the password of other users, which would be termed as a hacking attempt.

g. You agree that you will not engage in any activity that interferes with or disrupts the HolisticMind Services (or the servers and networks, which are connected to the Services).

10. Abuse Policy

a. The Services provided to you as a registered user by HolisticMind may only be used for lawful purposes. That is, when you sign up for HolisticMind, you agree not to use the account to post spam, distribute viruses, scam anyone or otherwise abuse the service, which is provided above as above.

b. The posting, transmission, storage, distribution or presentation of any Content through the HolisticMind platform in violation of any and all applicable laws is prohibited. In case any violation of either this User Agreement or Law otherwise is discovered, we may suspend the account and immediately initiate an investigation either internally or through any Government Agency, depending upon the circumstances of the case.

c. We may, at any and all times, in our sole and absolute discretion, during such an investigation, restrict your access in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, we may, at its sole discretion, restrict, suspend, or terminate a User’s account and/or pursue other legal remedies.

d. You agree to grant HolisticMind the rights to reveal your identity (or any other related information collected on this service) if required by law or in case of any legal action or complaint arising from any situation caused by your use of this site. In exercising this right, we may ask you to provide any documentary or other form of evidence supporting the Content you have stored/transmitted through HolisticMind. If you fail to produce such evidence, we may, in our sole discretion, block/terminate your access without notice.

e. HolisticMind may also randomly monitor the user accounts including dashboard. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner and may also help to detect any violations as stated above.

11. Termination

a. You are hereby informed that in case of non-compliance with the updated rules, user agreement including policies referred herein as posted on HolisticMind.co, administrator has the right to immediately terminate the access or usage rights of the users to the services and also remove non-compliant information;

b. You further agree that we, in our sole discretion, may terminate your HolisticMind account or password or use of any or all of the services, for any legal reason or complexities, including, without limitation, for improper use of any service or if we believe that you are not eligible to become a registered user. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice;

c. Further, at the time of registration at HolisticMind, if you provide any information that is untrue, inaccurate, not current or incomplete or we have a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement. We have the right to indefinitely suspend or terminate your access and refuse to provide you with access to the Website.

d. Lastly, you agree that HolisticMind shall not be liable to you or any third-party for any termination of your access to the Service in any of the above circumstances or due to any other unforeseen circumstance or legal complexities.

In any case, you may terminate your service at any point with or without cause by writing to us at info@HolisticMind.co.

12. Retention & Backup Policy

a. The logs and user data would be retained as a backup in HolisticMind server for at least 3 months (approx 90 days) from the date of its creation or for such a period as may be notified by the Government. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.

b. In case of any technical difficulty in the system, we will have backup available with us to restore the Data to the main Server. But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a HolisticMind user agree that in no case, HolisticMind can be held responsible for loss of data in any circumstances.

13. Monitoring and Support

a. To ensure users receive the highest possible level of service, HolisticMind may randomly monitor the HolisticMind services. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner.

b. In case of any Grievance with respect to any HolisticMind services, users can contact the grievance officer, whose details have been published later herein under these Terms of User Agreement.

c. You can obtain assistance with any technical difficulty that may arise in connection with user’s utilization of the HolisticMind Services by requesting assistance via email to info@HolisticMind.co. We reserve the right to establish limitations on the extent of such support, and the hours at which it is available.

d. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the HolisticMind Services and users shall be responsible for all charges related thereto.

C. Legal Statements

13. Governing Law

These Terms of Use are published in compliance with, and are governed by the provisions of Indian laws. User agrees to use the service in compliance with applicable law and this Agreement and the annexed documents. Further:

a. The Terms of Agreement and the relationship between you and HolisticMind shall be governed by the laws of India. The Courts of law at Mumbai, Maharashtra, India shall have exclusive jurisdiction over any disputes arising under this agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.

b. If any provision of the 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 agree that the other provisions of the Agreement remain in full force and effect.

c. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

d. Users/Visitors who choose to visit these websites from other jurisdictions do so, on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material and services contained herein.

e. The section titles in this Agreement and annexed documents are for convenience only and have no legal or contractual effect.

Third Party Legal Actions: It is our policy to respond with reasonable promptness to subpoenas and other legal processes served on HolisticMind that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address:

HolisticMind (Legal)
info@HolisticMind.co
Mobile:+91-8879797080

14. Intellectual Property

All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

a. Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.

b. Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by HolisticMind to the User, or by any disclosure of any Confidential Information to the User under this Agreement.

c. Users shall further ensure that by availing of any website services, he is not infringing upon any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. User acknowledges that HolisticMind cannot and does not check to see whether any services or the use of the services under this Agreement, infringes legal rights of others.

d. Without limiting the foregoing, copying or reproduction, for redistribution or other purpose, of the web site or any part thereof to any other server or location, including caching of any kind is expressly prohibited.

e. Further, the User agrees to indemnify HolisticMind against any and all liability, loss, damage, costs, legal costs, professional and other expenses, of any nature whatsoever incurred or suffered by the User or by the Third Party whether direct, indirect or consequential arising out of any dispute brought by the third party alleging infringement of his intellectual property rights by the Website, the Content or the Software.

f. Unless, you have been specifically permitted to do so or have a separate agreement with us, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

g. In case of any notice received under DMCA or otherwise for Intellectual Property violation. HolisticMind reserves the right to remove the content with or without issuing any notice to the User, depending upon the seriousness of the matter.

15. Linking to the Web Site

You may provide links only to the HolisticMind.co homepage, provided:

a. You do not remove or obscure, by framing or otherwise, any portion of the homepage;
b. You give prior notice of such link by sending an Email to HolisticMind and you discontinue providing links to this Web Site if requested by Provider.

16. Electronic Communications

a. Any notice or other communication required or permitted to be delivered to HolisticMind under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, when sent to our contact address specified on the Contact Page by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 18:00 hours local time, and otherwise on the next Business Day.

b. When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. And, by special permissions, you may opt for electronic communication in communicating with us by writing to info@mindclinic.co.

17. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, or access to the Service or it’s content.

18. Entire Agreement

This User Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The Agreement shall be governed by the Laws of India.

19. Grievance Officer

a. HolisticMind shall address any grievances of users, whether registered or not, with respect to website content or any other aspects connected therewith, in a time bound manner. For this purpose, HolisticMind has designated the following person as Grievance Officer in terms of Information Technology Act, 2000:

Mr.
Email: info@HolisticMind.co
Phone:
Hours: 12 – 5 p.m.

b. The appointed officer shall acknowledge the complainant within 36 hours electronically and resolve the matter within 30 days in terms of the Information Technology Law if it is received through a government agency or based upon court order (in accordance with order of Hon’ble Supreme Court of India). In other cases, HolisticMind would look into the matter and try to resolve as far as possible.

20. Confidentiality

The users agree to hold HolisticMind’s Proprietary or Confidential Information in strict confidence. Proprietary or Confidential Information shall also include any information which:

a. is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party;
b. was previously known to the receiving party or rightly received by the receiving party from a third party;
c. Is independently developed by the receiving party; or it is subject to disclosure under court order or other lawful process.

The users agree not to make each other Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this User Agreement. Notwithstanding termination or expiration of this Agreement, users acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period three (3) years from the termination.

21. Relationship of the Parties

Nothing contained in this agreement, and no action taken by the parties pursuant to this agreement, will be deemed to constitute a relationship between the parties of partnership, joint venture, principal and agent or employer and employee. Neither party has, nor may it represent that it has, any authority to act or make any commitments on the other party’s behalf.

22. Waiver

The waiver by either party of a breach or default of any of the provisions of this agreement by the other party shall not be interpreted as:

a. A waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise; or
b. A way to avail itself of any right, power or privilege that it has or may have under this agreement to operate as a waiver of any breach or default by the other party.

Otherwise also, should HolisticMind waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit HolisticMind to waive the same clause on any other occasion.

23. Disclaimer

HolisticMind authorizes you to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use. By the use of the online services at HolisticMind, you acknowledge and undertake that you are accessing the services and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. HolisticMind makes no representations about the quality, safety, morality of the products/services offered or the truth or accuracy of content posted. Users use the website at their own risk.

The information provided on the Website or through our services is intended for informational purposes only, and is not intended to diagnose, treat, cure or prevent any disease. The information on this Website is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice of your physician or other qualified healthcare professional with any questions you may have about your medical condition.

The service is provided by HolisticMind on an “as is” and “as available” basis. HolisticMind expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Further,

a) we make no warranty on any results obtained by the use of the service.
b) we make no warranty on accuracy or reliability of any information obtained by the use of service.
c) we make no warranty that the service will meet your requirements.
d) we make no warranty on any technical defects in the website will be corrected.
e) we make no warranty that the service will be persistent, timely, secure, error free.
f) we are neither responsible nor liable for any result that arises due to the use of service by any user or content posted or transmitted through the site by any user.
g) we do not assume any responsibility or liability for any illegal communication or Content posted or transmitted on the Site by any Customer, or any third party.

All liability, whether civil or criminal arising out of any Content that is hosted or transmitted through the servers (including but not limited to messages / communication of electronic or any other means) will be that Customer / third party who has Hosted such Content or communicated / transmitted such content or information. We reserve the right to claim damages from such Customer / Third party that it may suffer as a result of such Content Posted on the Site or transmission of information through communication of any kind.

Furthermore:

a). Risk Factors

The information at HolisticMind.co is not a substitute for professional medical advice or treatment for specific medical conditions. You are encouraged to confirm any information obtained from or through this web site with other sources, and review all information regarding any medical condition or treatment with your physician. As the information and statements regarding products, services, etc listed on websites have not been evaluated by any government authority and are not intended to diagnose, treat, cure, or prevent any disease. Please read product packaging carefully prior to purchase and use. The results from the products will vary from person to person. No individual result should be seen as typical. Never disregard professional medical advice or delay seeking medical treatment because of something you have read on or accessed through HolisticMind. If you have a medical emergency, call or visit your doctor immediately.

HolisticMind assumes no responsibility or liability from any loss incurred by any information presented online, either upon the website or otherwise. Users using the services herein are solely responsible for their actions. As we do not warrant the accuracy, completeness, or usefulness of any information presented therein. User expressly agrees that use of the service is at the user’s sole risk.

Further, as a HolisticMind user, you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the website, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:

a. HolisticMind shall be not responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographical errors, disruption, delay in operation or transmission, communications line failure, interruption or malfunction (including but not limited to any kind of technical aspects), deletion, defect of any information, reports, service stops functioning due to technical problems, certain features not functioning at any point in the web site or any part thereof;

b. Any material and/or data downloaded or otherwise obtained through the use of the HolisticMind is done at user’s own discretion and risk and that user will be solely responsible for any damage to user’s computer system or loss of data that results from the download of such material and/or data. In this respect, you agree that it is your responsibility to install an antivirus program locally on your computer and protect against any viruses, bugs or any other harmful computer routines;

c. HolisticMind is not liable for any result that may arise from your contact, communication in any form, coordination, relation or transaction; either with advertisers, sponsors, other websites or any resources that may be hyperlinked or any third party, and you are liable for any contract/term that may or shall be established by you, with these third parties, advertisers, sponsors, other websites or resources that may be hyperlinked in the web site or any part thereof;

d. HolisticMind has no control over other website or resources which are provided by companies or persons and is not liable for any loss or damage which may be incurred by you or by your use of service to any third party as a result of the availability of any information contained on site or external sites or resources or any advertisement or hyperlinks, etc. in the web site or any part thereof;

e. HolisticMind cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure and transmission of information over the Internet is susceptible to possible loss, misrouting, interception and misuse;

b) Limitation of Liability

In no event will HolisticMind be liable to the customer or any third party for any damages or other incidental, consequential or special damages arising out of the operation of or inability to operate the platform, even if HolisticMind has been advised of the possibility of such damages. Despite the best efforts of HolisticMind, if any errors occur in web page information, still at no time will HolisticMind be held responsible for accidentally including erroneous information, it’s liability cannot extend beyond correcting the error.

Further, you expressly understand and agree that HolisticMind, its subsidiaries and affiliates, shall not be liable to you or any third person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from, arising out of or any way related to:

a) the use or the inability to use the service;
b) any data, information, or services availed or messages received or transactions entered into through or from the service;
c) unauthorised access to or alteration of your transmissions or data;
d) statements or conduct of any third party on the service; or
e) any other matter relating to the service.
f) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services.

In terms of TRAI Regulations, If you are in Do Not Disturb (DND) subscriber list with any telecom operator / organization you need to intimate us. Further, you agree that you have no objection in receiving any messages by any means. We are not liable to any third party if it receives any kind of message / information (under any circumstances) by any customer using the service; even if you are in Do Not Disturb (DND) subscriber list, the sender / customer is solely responsible and liable for the delivery of message / information which is generated by him.

c) Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your breach of the Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

You hereby expressly release HolisticMind and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

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