The following are the Terms and Conditions (the "Agreement") which govern your access and use of our online platform through which counseling may be provided (collectively the "Platform"). The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website www.healingclouds.com and its related apps and websites.
By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.
When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the "Company").
1. LICENSE TO USE WEBSITE
NOTE: IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE PRACTITIONERS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
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 a client using 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 only, 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 using our services, 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.
THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR EMOTIONAL SERVICE DOG CERTIFICATION. IN ADDITION, IT IS NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
YOU SHOULD NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
USE OF PLATFORM
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, or 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 firstname.lastname@example.org 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 be allowed to log in and check the personal information that we have collected about you.
You hereby confirm that you are at least 18 years old of age.
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.
You hereby confirm that you are legally able to enter into a contract.
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, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed 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.
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 to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that we will not be liable for any loss or damage incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree and confirm that your use of the Platform, including the Practitioner Services, are for your own personal use only and that you are not using the Platform or the Practitioner Services for or on behalf of any other person or organization.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Practitioners and us.
If you receive any file from us or from a Practitioner, 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. Healing Clouds will not be held liable for any spyware, malware or any other malicious program transferred through such a file exchange.
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 rights, including, without limitation, any intellectual property rights, publicity, confidentiality, property or privacy rights.
your communication, interactions and actions with the Practitioner(s) on our platform.
This clause shall survive the expiration or termination of this Agreement.
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 on a third party right including intellectual property rights;
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 agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.
You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment-related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means, you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.
If you have any concerns about a payment, please contact us immediately by sending an email to email@example.com. We will evaluate your issue on a case by case basis and, at our sole discretion, take steps to resolve any issue, including but not limited to issuing partial or full refunds when applicable.
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 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 the online distance healing and therapy services you practice, 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.
We may utilize social media buttons and/or plugins on this website that allows you to connect with your social network in various ways from time to time to help facilitate the advertisement of our services offered on our website. 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.
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;
reverse lookup, trace, or seek to trace any information on any other user of or visitor to this website,
reverse look-up, 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 the practitioner including but not limited to phone numbers, email addresses, Skype ID, Zoom ID, etc.;
use this website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact HEALING CLOUDS.
Healing Clouds supports the following Web Browsers and Operating Systems.
|Google Chrome Latest Version||Mozilla Firefox Latest Version||Safari Latest Version||Edge Latest Version|
|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
This website is provided “as is” without any representations or warranties, express or implied. Healing Clouds makes no representations or warranties in relation to this website or the information and materials provided herein.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
this website or our services will be constantly available, or available at all for you to conduct your healing services; or
the information on this website is complete, true, accurate or non-misleading.
BY ACCEPTING THESE TERMS, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE REASONABLE MECHANISMS TO SECURE AND PROTECT YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU WAIVE YOUR RIGHTS, NOT US, AND ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THIS WEBSITE TO CONDUCT DISTANCE OR ONLINE HEALING SERVICES.
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE PRACTITIONER SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY PRACTITIONER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT 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 THROUGH THE PLATFORM IN THE 1 MONTH PERIOD PRIOR TO THE DATE OF THE 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 to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this website or buyer/client:
for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
You expressly absolve and release HEALING CLOUDS from any claim of harm from a client/buyer resulting from the services you provide and claims that may arise from these services, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, and governmental restrictions
Additionally, by using this website, you agree to defend HEALING CLOUDS and any or all of HEALING CLOUDS ’ sponsors, members, affiliates, suppliers, promotional partners, agents and representatives (collectively, the “HEALING CLOUDS Entities”) against any demands, claims or actions arising out of or as a result of your breach or violation of this Agreement as a Client, including any violations of law and regulation, and/or claims of infringement, misappropriation or violation of the rights of others (“Claim”) and you shall indemnify and hold HEALING CLOUDS harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such claim. HEALING CLOUDS shall have the right, at any time, to assume the defense against any claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
This Agreement will not exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Agreement will exclude or limit the liability of Healing Clouds in respect of any:
fraud or fraudulent misrepresentation on our part; or
a matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. Prior to accepting these terms, if you disagree with the reasonableness of our exclusions and/or the limitation of liability, you agree to immediately cease from utilizing this website.
We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to firstname.lastname@example.org.
You accept that, as a limited liability entity, Healing Clouds has an interest in limiting the personal liability of our Members, Employees, and third parties. You agree that you will not bring any claim personally against Healing Clouds’ Members, Employees, and third parties affiliated with Healing Clouds in respect of any losses you suffer in connection with this website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Healing Clouds’ Members, Employees, agents, partners, subsidiaries, successors, assigns and sub-contractors.
Healing Clouds does not knowingly collect personally identifiable information from children under the age of eighteen. Therefore, you agree, that you will not take services from a practitioner on our website to people without parental consent if you are under the age of Eighteen years as on the day of you using our services on Healing Clouds.
Clients can request for a refund when the service provided by a practitioner is not up to satisfactory levels. In such a case, clients have up to 24 hours from the end of the session to claim for a refund. The refund request is reviewed on a case-to-case basis. After our review, we would either provide the client with a credit to the Healing Clouds online wallet which can be used to book another session or a full refund will be processed within 10 days from the date of completion of the session.
If any provision of this Agreement is found to be unenforceable under applicable law, it will not affect the enforceability of the other provisions of this Agreement.
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. In addition, we may 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.
Healing Clouds may, from time-to-time offer and advertise discounts and promotions to you as a client.
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 circumstances.
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.
This Agreement, which also encompasses policies, constitutes the entire agreement between you and Healing Clouds in relation to your use of this website, our services off of this website, and supersede all previous agreements in respect of your use of this website and our services.
This Agreement will be governed by and construed in accordance with the laws of the United Kingdom, and any disputes relating to this Agreement will be subject to this exclusive jurisdiction. If for some reason, the laws of this jurisdiction do not apply to a matter coming out of this Agreement, then the laws of the United Kingdom will apply.
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.
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 this Agreement. If you believe that you may have further queries, please contact Healing Clouds at: email@example.com.
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 August 2019.