- By using the Services or agreeing to these Terms, you consent to HolistaCare collection, use and disclosure of Your Content and Data as described in the following points.
- Sharing of your personal data is with your consent or as necessary to complete any transaction or provide any product you have requested or authorized. We also share data with HolistaCare affiliates and subsidiaries; with vendors working on our behalf; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect the rights or property of HolistaCare, its affiliates or subsidiaries.
- HolistaCare collects data to operate effectively and provide you the best experiences with our products. You provide some of this data directly, such as when you create an account, submit a search query, speak a voice command, upload a document, purchase HolistaCare subscription, sign up, or contact us for support. We get some of it by recording how you interact with our products by, for example, using technologies like cookies, and receiving error reports or usage data from software running on your device. We also obtain data from third parties.
- We uses cookies (small text files placed on your device) and similar technologies to provide our websites and online services and help collect data. Cookies allow us, among other things, to store your preferences and settings; enable you to sign-in; provide interest-based advertising; combat fraud; and analyze how our websites and online services are performing. We also use web beacons to help deliver cookies and gather usage and performance data. Our websites may include web beacons and cookies from third-party service providers.
- Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, display (and on HealthVault delete) Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. HolistaCare (all its affiliates and subsidiaries) cannot be held responsible for Your Content or the material others upload, store or share using the Services.
- You can view or edit your personal data online for many of HolistaCare products. How you can access or control your personal data will depend on which products you use. You may receive promotional email, SMS messages, telephone calls and postal mail from HolistaCare, affiliates, subsidiaries or our partners.
- With a HolistaCare account, you can sign into all of our products, as well as those of select Partners. Signing into your account can enable improved personalization, provide seamless and consistent experiences across products and devices, and help you access and use cloud data storage and other enhanced features and settings. When you sign into your account to access a product, we create a record of that sign in.
- I have read all of the information in the terms and agreement and I have had time to think about it.
- HolistaCare uses the data we collect to provide you the products we offer, which includes using data to improve and personalize your experiences. We also may use the data to communicate with you, for example, informing you about your account, security updates and product information. And we use data to help show more relevant ads, whether in our own products, or in products offered by third parties.
- I voluntarily agree to be part of any research study resulting from my data.
- I may freely choose to stop being a part of this study at anytime.
- I understood that my name will not appear on the materials published and there have been efforts to make sure that the privacy of my name is kept confidential although the confidentiality is not completely guaranteed due to unexpected circumstances.
- I have been offered the opportunity to read the manuscript and to see all materials in which I am included, but have waived my right to do so.
- All the published materials may be shared among the medical practitioners, scientists, researchers, journalist and any other person worldwide.
- All of my questions have been answered to my satisfaction.
- The materials may also be used in publications, book publications and accessed by many researchers and medical petitioners worldwide.
- I hereby agree and allow the materials to be used in other publications required by other publishers.
- Sample pictures will not be used in publications and other mediums.
- To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve HolistaCare products and services, you grant to HolistaCare a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service.
- By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules: Don’t do anything illegal; Don’t engage in any activity that exploits, harms, or threatens to harm children; Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages; Don’t publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity); Don’t engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments); Don’t circumvent any restrictions on access to or availability of the Services; Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, communicating hate speech, or advocating violence against others); Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs); Don’t engage in activity that violates the privacy of others; Don’t help others break these rules.
- If you violate these Terms, we may stop providing Services to you or we may close your account. We may also block delivery of a communication (like email or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, HolistaCare reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
- By using the Services, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help before you create a HolistaCare account. If you are the parent or legal guardian of a minor that creates a HolistaCare account, you accept these Terms on the minor’s behalf and are responsible for all use of the account, or Services, including purchases, whether the minor’s account is now open or created later.
- You’ll need a HolistaCare account to access many of the Services. Your account lets you sign in to products, websites and services provided by us and some of our partners. You can create a HolistaCare account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your account. In some cases, a third party, like your Internet service provider, may have assigned a HolistaCare account to you. If you received your HolistaCare account from a third party, the third party may have additional rights over your account, like the ability to access or delete your account. Please review any additional terms the third party provided you, as HolistaCare has no responsibility regarding these additional terms. If you create a HolistaCare account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your account to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your account.
- You must use your account to keep it active. This means you must sign in at least once in a five-year period to keep your account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your account is inactive and will close it for you. If we reasonably suspect that your account is being used by a third party fraudulently (for example, as a result of an account compromise), we may suspend your account until you can reclaim ownership. If you are having trouble accessing your account, please send us email at help@holista.care.
- You can cancel specific Services or close your HolistaCare account at any time and for any reason. To close your account, please visit your workspace or email at close@holosta.care. When you ask us to close your HolistaCare account, we will put it in a suspended state for 60 days just in case you change your mind. After that 60 day period, your account will be closed. Logging back in during that 60 day period will reactivate your HolistaCare account.
- To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
- When there’s something important to tell you about a Service you use, we’ll send you Service notifications to the email associated with your account. If you authorized use of your phone number for your account, then we may send Service notifications to you via SMS (text message). Data or messaging rates may apply when receiving notifications via SMS.
- Customer support for the Services is available at help@HolistaCare.com.
- If your Services are cancelled or your HolistaCare account is closed (whether by you or us), a few things happen. First, your right to use the Services stops immediately and your license to use the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your account or will otherwise disassociate it from you and your account (unless we are required by law to keep it). You should have a regular backup plan as we won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to material or products you’ve acquired.
- The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and HolistaCare (its affiliates or subsidiaries) is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content that you store on the Services or store using Third-Party Apps and Services.
- If you purchase a Service, then these payment terms apply to your purchase and you agree to them. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location.
- Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes, including those that prevent you from accessing the Services, playing counterfeit games, or using unauthorized hardware peripheral devices. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. HolistaCare isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system for which you licensed the software.
- Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods or applications previously purchased. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work.
- Our Services may allow you to access or acquire products, services, websites, links, content, material, games or applications from third parties. Many of our Services also help you find Third-Party Apps and Services, and you understand that you are directing our Services to provide Third-Party Apps and Services to you. The Third-Party Apps and Services may also allow you to store Your Content or Data with the publisher, provider, or operator of the Third-Party Apps and Services. The Third-Party Apps and Services may present you with a privacy policy or require you to accept additional terms of use before you can install or use the Third-Party App or Service. You should review any additional terms and privacy policies before acquiring or using any Third-Party Apps and Services. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. HolistaCare does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible for information provided by third parties.
- Unless accompanied by a separate license agreement, any software provided by us to you as part of the Services is subject to these Terms.
- If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by HolistaCare. Notices, if any, for the third-party code are included for your information only.
- The software is licensed, not sold, and HolistaCare reserves all rights to the software not expressly granted by HolistaCare, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
- circumvent or bypass any technological protection measures in or relating to the software or Services;
- disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
- separate components of the software or Services for use on different devices;
- publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless HolistaCare expressly authorizes you to do so;
- transfer the software, any software licenses, or any rights to access or use the Services;
- use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
- enable access to the Services or modify any HolistaCare-authorized device by unauthorized third-party applications.
- We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your HolistaCare account and, if you are a parent or guardian, help your minor child close his or her account.
- By providing HolistaCare with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize HolistaCare to charge you for the Services or available content using your payment method; and (iii) authorize HolistaCare to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
- To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the account management available in your workspace. Additionally, you agree to permit HolistaCare to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to keep your billing account and contact information current at all times. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
- When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to HolistaCare by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated by you or by us. By authorizing recurring payments, you are authorizing HolistaCare to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, HolistaCare or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
- Provided that automatic renewals are allowed in your location, we will inform you by email before automatically renewing your Services, unless purchased on a subscription basis. Once we have informed you that the Services will be automatically renewed, we may automatically renew your Services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
- HolistaCare will provide you with an online billing statement on the account management available in your workspace, where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won’t be required to correct the error or provide a refund. If HolistaCare has identified a billing error, we will correct that error within 90 days.
- We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
- If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).
- Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that HolistaCare has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
- From time to time, we may offer Services for a trial period during which we will not charge you for the Services. HolistaCare reserves the right to charge you for such Services (at the normal rate) in the event that HolistaCare determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
- HolistaCare does not provide medical or any other health care advice, diagnosis, prognosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition, diet, fitness, or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Services. Any information available on HolistaCare website is for information purposes only.
- If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
- You and we irrevocably consent to the exclusive jurisdiction and venue of the Malaysian state or courts, for all disputes arising out of or relating to these Terms or the Services that are heard in court.
- You may cancel a Service at any time, with or without cause. To cancel a Service and request a refund, if you are entitled to one, visit the account management in your workspace. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you cancelled.
- HolistaCare, and our affiliates, resellers, distributors, and vendors make no warranties, express or implied, guarantees or conditions with respect to your use of the services. You understand that use of the services is at your own risk and that we provide the services on an “as is” basis “with all faults” and “as available”. You bear the entire risk of using the services. HolistaCare doesn’t guarantee the accuracy or timeliness of information available from the services. To the extent permitted under your local law, we exclude any implied warranties, including our merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. You may have certain rights under your local law. Nothing in these terms is intended to affect those rights, if they are applicable. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the services will be uninterrupted, timely, secure, or error-free or that content loss won’t occur, nor do we guarantee any connection to or transmission from the computer networks.