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Please read this Agreement
DO NOT USE THE HOLISTIC.SERVICES WEBSITE FOR MEDICAL EMERGENCY SERVICES. FOR EMERGENCIES CALL 000 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
Holistic.Services shall have
no liability for your interactions with other Users, or for any User’s
action(s) or inaction(s).
If you do not agree to these
terms, you must not use our Website.
We recommend that you print
a copy of these terms for future reference.
WHAT IS HOLISTIC.SERVICES
(A) The Company operates the Holistic.Services
Marketplace Website (www.holistic.services) (“the Website”) where third party
Sellers can list and sell services or products to buyers around the world.
(B) The Company is not a party to or
directly involved in the transactions between the Seller and Buyer. The Company is neither the Seller or Buyer of
(C) The Company cannot guarantee the
true identity of the Buyer, Seller or user and you acknowledge by using the
Website that the Company is not responsible or liable for any content posted on
the Website by you or others and you use the Website at your own risk.
(D) Whilst the Company helps facilitate
transactions, the Company has no control over the quality, supply, safety or
legality of any Products listed on the Website.
(E) The Company cannot and does not
transfer legal ownership of the Products from the Seller to the Buyer.
(F) The Seller is responsible for the
sale of the Products and for dealing with the Buyer in connection with any
issues arising out of or in connection with the contract.
(G) Accordingly, the contract formed at
the completion of sale is solely between the Seller and Buyer.
(H) Listings are merely hosted by the
Company and are posted solely at the direction of the Seller who can be
contacted via their [Seller Profile link] on the Seller’s listing pages.
(I) The Company cannot ensure the
Seller or Buyer will complete a transaction.
(J) The Website is managed and operated
for Australia and the Company makes no representations that the Website is
appropriate or available for use in other countries or jurisdictions.
(K) Use of the Website is entirely at
your own risk.
(L) The Website is not intended for
users who are under 18 years of age.
(M) The Website is not available to Users
previously prohibited to use the Website by the Company.
(N) Access to our Website is made free
NOW IT IS HEREBY AGREED as follows:-
- If you are browsing this Website, you may access material displayed on the Website for your non-commercial, personal use only and subject to the Website Terms and Conditions stated below.
- If you are browsing this Website you may access or download material displayed on the Website only in accordance with the Website Terms and Conditions stated below. This permission is specifically conditioned on you maintaining all copyright, trade mark and other proprietary notices contained on the materials and keeping all such material intact and in the same form as presented on the Website. Additionally, you may not:
- distribute or transmit, modify, reuse, republish, frame, upload to a third party, report, or use the contents of the Website for public or commercial purposes, including the text, images, audio, and video without the Company’s prior written permission; or
- use any meta tags or any other “hidden text” or use any sponsored or paid Google or other search engine sponsored search results / sponsored links that utilise keywords that directly relate to the Company’s name, trade indicia, trade mark, logo, product or brand without the Company’s prior written permission.
- The law applicable to use of the material and to disputes arising out of the material is the state of New South Wales, and the Commonwealth of Australia.
The definitions and rules of interpretation in
this clause apply in this Agreement.
means users of the Website that purchase Products from Sellers;
means Holistic.Services (Business Registration No
ABN 408 200 223 24);
Means sums payable by the Seller to the Company;
“Holistic.Services Website / Marketplace”
means the Company's website at any time and from
time to time, currently called Holistic.Services Marketplace and at www.holistic.services
and including all databases, software, domain names and infrastructure that the
Company markets for use by users to shop for Products. The Website includes all
future versions and replacements of, and successors to, the Website;
“Holistic.Services Marketplace / Seller Account”
means an account held by a Seller to list and
sell Products and Services on the Website;
“Intellectual Property Rights”
means all patent rights, copyright rights,
trademark, trade secrets, and other intellectual property rights that now exist
or come into existence with the laws of any country or jurisdiction;
“Products” and/or “Services”
means all products and/or services of the
Website, including, but not limited to health and wellbeing products & services
such as healings, treatments, programs, classes, supplements etc that are not
means activities listed, or similar to, those, at
clause 18 which can result in the Company removing the Seller’s Account from
the Website without notice or prior warning;
(a) chance listings that promote giveaways, random drawings, raffles or prizes;
firearms, knives and offensive weapons;
replicas, counterfeit and unauthorised copies;
items of an illegal or sexual nature;
items infringing intellectual property rights;
means third party seller(s) that lists and/or
offers to sell Products and/or Services to Users/Buyers on the Website;
means buying Products/Services with the intent to artificially increase the price or desirability of Products/ Services or improve the Products’/Services search standing;
means all other users of the Website that are
neither a Seller or a Buyer;
means the Australian Goods and Services Tax (GST)
in A New Tax System (Goods and Services Tax) Act 1999 (Cth).;
means sales where the Seller lists Products/Services
at a fixed price; the Seller is obliged to sell the Products/Services at the listed
price to Buyers who meet the Seller’s terms.
2. WHO WE ARE AND HOW TO CONTACT US
www.holistic.services is a Website operated by Holistic.Services
Marketplace ("We"). We are registered in Australia under business
number 408 200 223 24 and have our registered office at 542/46 Baywater Drive,
Wentworth Point, Sydney NSW 2127 (“the Company”).
2.2 To contact us, please email [email@example.com]
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
This Agreement refers to the following additional
terms, which also apply to your use of our Website:
personal data we collect from you, or that you provide to us. By using our
Website, you consent to such processing and you warrant that all data provided
by you is accurate.
4. COMPANY'S OBLIGATIONS
The Company shall provide the Holistic.Services
Marketplace for third party sellers (“Sellers”) to offer to sell Products/Services to
The Company is not involved in the actual
transaction between the Seller(s) and Buyer(s). The Company receives payment
from the Buyer and pays the Seller according to our Seller Terms and
Conditions, and once the Seller has dispatched the Products sold to the Buyer,
the funds are released maximum of 5 days after the Purchase date from the Company. This
release of funds period may be amended from time to time if the Company feels
it is necessary.
The Company reserves the right to amend these
view on the Website.
Every time you wish to use our Website, please
apply at that time.
Your use of the Website after any such change
[10th February 2021]
6. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE
6.1 We do not guarantee that our Website, or any
content on it, will always be available or be uninterrupted. We may permanently
or temporarily terminate, suspend, withdraw or restrict the availability of all
or any part of our Website without notice and liability, for any reason.
6.2 We will try to give you reasonable notice of any
7. COMPANY’S RIGHTS
The Company retains the right to determine the
content, appearance, design, functionality and all other aspects of the Website
and to delay or suspend listing of, or to refuse to list, or to de-list, or to
require the Seller not to list, any or all Products in the Company’s sole
The Company may in its sole discretion withhold
for investigation, refuse to process, restrict and/or cancel any transactions.
The Company has the right, but not the
obligation, to at its absolute discretion monitor activity and content on the
Website and take any action that it deems appropriate.
Such action may include but not limited to:
issuing warnings, suspension or termination of service;
denying access to the Website; and
removal of any materials on the Website, including listings.
8. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you will
provide to us:
to share with the Seller to fulfil the delivery process;
to process your payment for the Product(s) and/or Service(s); and
if you agree to this during the order process, to give your information
you may stop receiving this at any time by contacting us at [firstname.lastname@example.org].
We will only give your personal information to
third parties where the law either requires or you allow us to do so.
9. HOW YOU MAY USE MATERIAL ON OUR WEBSITE
We are the owner or the licensee of all
intellectual property rights on our Website, and in the material published on
it. Those works are protected by copyright laws and treaties around the world.
All such rights are reserved. All goods and company names and logos featured on
this Website are the trademarks, service marks or trading names of their
respective owners, including us. No licence or consent is granted to you to use
these marks in any way without our prior written consent or the relevant third-party
owner's consent (as applicable).
You may print off one copy, and may download extracts,
of any page(s) from our Website for your personal use and you may draw the
attention of others to content posted on our Website.
You must not modify the paper or digital copies
of any materials you have printed off and you must not use any illustrations,
photographs, video or audio sequences or any graphics separately from any
Our status (and that of any identified contributors)
as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our
Website for commercial purposes without obtaining a licence to do so from us or
- If you print off, copy or download any part of our Website in breach of this Agreement, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction or publication tools on this Website (including without limitation for the purposes of establishing, maintaining, advancing or reproducing information contained on our Website on your own website or in any other publication), except with the Company’s prior written consent.
10. DO NOT RELY ON INFORMATION ON OUR WEBSITE
content on our Website is provided for general information only. It is not
intended to amount to advice, diagnosis or treatment on which you should completely rely on. Always obtain advice from your qualified health professional or specialist before taking, or refraining from, any action
on the basis of the content on our Website if you have any concern about your health.
10.2 We make
no representations, warranties or guarantees, whether express or implied, that
the content on our Website is: accurate, complete, up to date, Products/Services being
of a satisfactory quality, fit for a particular purpose, are non-infringing,
available at any particular time or free of viruses.
10.3 We do not examine, determine or warrant the certification and/or licensing, qualifications, competence, solvency or information of any professional or treatment facility listed on our Website. We rely on the professionals or service providers listed on our Website to provide accurate information and assume no responsibility for verifying the information provided.
11. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
11.1 Where our
Website contains links to other websites and resources provided by third
parties, these links are provided for your information only. Such links should
not be interpreted as approval by us of those linked websites or information
you may obtain from them.
11.2 We have
no control over the contents of those Websites or resources.
12. USER-GENERATED CONTENT IS NOT APPROVED BY US
Website may include information and materials uploaded by other users of the
site, including to bulletin boards and chat rooms. This information and these
materials have not been verified or approved by us. The views expressed by
other users on the Website do not represent our views or values.
12.2 If you
wish to complain about information and materials uploaded by other users please
contact us on email@example.com.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents and for fraud or fraudulent misrepresentation.
exclude all implied conditions, warranties, representations or other terms that
may apply to our Website or any content on it.
We will not be liable to you for any loss or
damage, whether in contract, tort (including negligence), breach of statutory
duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Website; or
use of or reliance on any content displayed on our Website.
13.4 In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
13.5 Use of our Website to engage a professional or service provider is wholly voluntary and, to the extent permitted by law, in no event will we be liable for neither damages to any user of our Website for the selection of a professional or service provider and the services provided by those listed, or for any other loss or damage which may occur as a result. We recommend that you check the certification and/or licensing of any professional or service provider with the applicable licensing Board or authority.
14. RISKS ABOUT UPLOADING CONTENT TO OUR WEBSITE
you make use of a feature that allows you to upload content to our Website, or
to make contact with other Users of our Website, you must comply with the
content standards set out in these Terms and Conditions.
warrant that any such contribution does comply with those standards, and you
will be liable to us and indemnify us for any breach of that warranty. This
means you will be responsible for any loss or damage we suffer as a result of
your breach of warranty.
14.3 You are
solely responsible for any content that you upload, link to or otherwise make
available (“post”) on the Website and you agree that we are only acting as a
content you upload to our Website will be considered non-confidential and
non-proprietary. You retain all of your ownership rights in your content, but
you are required to grant us and other users of the Website a limited licence
to use, store and copy that content and to distribute and make it available to
third parties. The rights you license to us are described in Rights you are
giving us to use material you upload (clause 25).
14.5 If making
any reference to third party intellectual property rights, you must ensure
these are in accordance with intellectual property law.
14.6 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make
on our Website if, in our opinion, your post does not comply with the content
standards set out in this Agreement.
You are solely responsible for securing and
backing up your content.
No hidden links can be submitted when creating
content on the Website, no links can be directed to the Seller’s or other third-party
websites only if the link goes to the Product/Service listing. If this happens this may
constitute fee avoidance and your Seller’s Account may be terminated pursuant
to clause 10 without notice.
15. PURCHASE CONDITIONS
When buying an item, you agree:
- You are responsible for reading the full item listing before making a commitment to buy.
- You enter into a legally binding contract
to purchase an item when you commit to buy an item, or your offer for an item
We do not transfer legal ownership of items from
the Seller to the Buyer.
You may purchase goods or services on this Website by
selecting and placing your order through this Website in accordance with these
Terms and Conditions. You must be aged 18 years or older and possess a valid
credit or debit card issued by a bank acceptable to us in order to contract with us. Any order placed through this Website for
any goods advertised on this Website is an offer by you to purchase the goods
for the price (including postage, packaging and any other applicable charges
and taxes) notified to you at the time you place the order. We retain the right
to refuse any offer made by you. All orders are subject to availability and
confirmation of price.
Any order placed by you through a Stripe or other facility accessible via this Website will be subject to the
terms and conditions of those providers.
When you place an order through this Website, you
will receive an acknowledgement email confirming receipt of your order - this
email will only be an acknowledgement and will not constitute acceptance of
your order. A contract between us will not be formed until we send you
confirmation by email that the order has been confirmed. Only those products/services
listed in the confirmation email sent will be included in
the contract formed. Each order for goods/services placed through this Website that we
accept and confirm with you by email constitutes a separate binding contract
between you and us for the supply of the goods/services the subject of the order.
When a Buyer places an order you will need to
provide your debit or credit card details, including but not limited to the
name on the card, card number, card expiry date, and CVV number on the card, or
use your PayPal, Stripe or Afterpay account if applicable. The debit or credit card used to make a
purchase through this Website must be Visa, Mastercard, AMEX, Union Pay, or
your PayPal account (together Payment Method). You will also need to
apply a coupon code in order to purchase the goods/services at the applicable discounted
price. We may also require you to provide additional details to those supplied
at time of registration or confirm your user account details to enable us to
process any orders placed through this Website.
You undertake that all details you provide to us
when placing an order are current, correct and complete, that you are an
authorised user of the Payment Method used to place your order and that your
nominated credit or debit card will cover the full cost of the goods. The cost
of the goods may fluctuate and all prices advertised are subject to such
changes. Unless otherwise stated, all prices are inclusive of the Australian
Goods and Services Tax (GST) and you acknowledge and agree that GST is
automatically included to each order placed unless otherwise stated.
17. CANCELLATIONS, RETURNS, REFUNDS AND EXCHANGES
For all cancellations, returns, refunds and
exchanges, Buyers should refer to individual Seller Terms and Conditions. If Buyer and Seller fail to resolve a dispute, Buyer
must notify the Company in writing within 14 days of any such payment. Failure
to notify the Company within 14 days shall result in the waiver by the Buyer of
any claim relating to any such disputed payment.
Sellers should familiarise themselves with the
laws of their own country and those of the Buyers’ countries, and ensure,
compliance with such laws.
If the Seller is unable to complete a
transaction, the Seller must notify the Buyer via the Buyer’s email address and
cancel the transaction.
If the Buyer has already submitted payment, the
Seller must issue a full refund to the Buyer within 14 days.
Proof of refunds should be kept in case a dispute
Sellers and Buyers are responsible for complying
with all laws and regulations applicable to the international sale, purchase,
and shipment of items.
The Seller may cancel a Transaction under the
(a) the Buyer did not pay;
(b) the Buyer
and Seller agree to cancel the Transaction and the Seller has issued a full
refund including any additional charges;
Buyer did not receive the Product(s) or Service(s) ordered and the Seller has issued a full
refund including any additional charges;
(d) the Buyer
and Seller agree the Buyer could cancel the Product/Service for a refund, the Seller
has cancelled the transaction and issued a full refund to the Buyer;
Seller must refund the agreed amount to the Buyer subject to the Seller’s terms
which should be easily accessible to the Buyer.
18. PROPRIETARY RIGHTS AND RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to our Website
(“User Content”), you grant us the following rights to use that content:
a) You retain all your ownership rights in your User Content.
b) By posting any User Content on the Website, you
expressly grant and you warrant that you have a right to grant the Company a
royalty-free, transferrable, irrevocable, non-exclusive, worldwide licence to
use for the purpose of marketing activities, reproduce, modify, publish, edit,
distribute your User Content, in whole or in part, and in any form.
You also hereby grant each User a non-exclusive
licence to access your User Content as permitted through the functionality of
the Website and under this Agreement.
Each party undertakes that it shall not at any
time during this Agreement, and for a period of five years after termination of
this Agreement, disclose to any person any confidential information concerning
the business, affairs, customers, clients or suppliers of the other party or of
any member of the group of companies to which the other party belongs, except
as permitted by clause 26.2.
Each party may disclose the other party's
(a) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this Agreement who have confidentiality obligations no less restrictive than set out hereon in. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 26; and
as may be required by law, a court of competent
jurisdiction or any governmental or regulatory authority.
Each party will protect the confidential
information with no less reasonable care than it protects its own confidential
No party shall use any other party's confidential
information for any purpose other than to exercise its rights and perform its
obligations under or in connection with this Agreement.
Neither party shall be responsible for any loss,
destruction, alteration or disclosure of Confidential Information caused by any
This clause 26 shall survive termination of this
Agreement, however arising.
You agree to indemnify the Company against all
liabilities, costs, expenses, damages and losses (including but not limited to
any direct, indirect or consequential losses, loss of profit, loss of
reputation and all interest, penalties and legal costs (calculated on a full
indemnity basis) and all other professional costs and expenses) arising out of
your breach of this Agreement.
21. NO GUARANTEE
21.1 The Company does not guarantee continuous or uninterrupted access to the Holistic.Services Marketplace or that the Holistic.Services Marketplace will not be free from interference from factors outside of the Company’s control.
21.2 The Company makes no guarantee of any sales to Seller's promoted through our Website or social media pages and takes no responsibility for the number (or lack thereof) of sales the Seller receives.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST
NOT INTRODUCE THEM
The Website is provided without warranties of any
guarantee that the Website will be secure or free from bugs, errors, omissions,
viruses, Trojans or the like.
You are responsible for configuring your
information technology, computer programmes and platform to access our Website.
You should use your own virus protection software.
23. RULES ABOUT LINKING TO OUR WEBSITE
You may link to our home page, provided you do so
in a way that is fair and legal and does not damage our reputation or take
advantage of it.
You must not establish a link in such a way as to
suggest any form of association, approval or endorsement on our part where none
You must not establish a link to our Website in
any website that is not owned by you.
Our Website must not be framed on any other site,
nor may you create a link to any part of our Website other than the home page or the Seller's own listings.
We reserve the right to withdraw linking
permission without notice.
The website in which you are linking must comply
in all respects with the content standards set out in in this Website.
If you wish to link to or make any use of content
on our Website other than that set out above, please contact firstname.lastname@example.org.
If you access a third party website from the
Website you do so at your own risk and you undertake that this Agreement and
24. LIMITATION OF LIABILITY
We do not exclude or limit our liability to you
where it would be unlawful to do so.
clause 24 sets out the entire financial liability of the Company (including any
liability for the acts or omissions of its employees, agents and
(a) arising under or in connection with this Agreement; and
respect of any representation, misrepresentation (whether innocent or
negligent), statement or tortious act or omission (including negligence)
arising under or in connection with this Agreement. Except as expressly and
specifically provided in this Agreement, all warranties, representations,
conditions and all other terms of any kind whatsoever implied by statute or
common law are, to the fullest extent permitted by applicable law, excluded
from this Agreement.
Nothing in this Agreement excludes the liability
of the Company:
(a) for death or personal injury caused by the Company's negligence;
(b) for fraud
or fraudulent misrepresentation; or
breach of your legal rights.
The Company tries to keep our Website safe,
secure, and functioning properly, but we cannot guarantee the continuous
operation of or access to our Website.
You agree that you are making use of our Website
at your own risk, and that they are being provided to you on an "AS
IS" and "AS AVAILABLE" basis. Accordingly, to the extent
permitted by applicable law, we exclude all express or implied warranties,
terms and conditions including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by
applicable law, we (including our parent, subsidiaries, and affiliates, and our
and their officers, directors, agents and employees) are not liable, and you
agree not to hold us responsible, for any damages or losses (including, but not
limited to, loss of money, goodwill or reputation, profits, other intangible
losses, or any special, indirect, or consequential damages) resulting directly
or indirectly from:
- the non-delivery or damage of any Product/Service purchased on our Website;
- the content you provide (directly or indirectly) using the Website;
- your use of or your inability to use our Website;
- pricing, shipping, format, or other guidance provided by the Website;
- delays or disruptions on our Website;
- viruses or other malicious software obtained by accessing or linking to the Website;
- glitches, bugs, errors, or inaccuracies of any kind in our Website;
- damage to your hardware device from the use of the Website;
- the content, actions, or inactions of third parties, including items listed using our Website or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of this Agreement;
- the duration or manner in which your listings appear in search results; or
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
The Company takes no responsibility and assumes
no liability for any User Content that you or any other User or third party
The User shall be responsible for their own User
Content and the consequences of posting or publishing it.
The User understands and agrees that any loss or
damage of any kind that occurs as a result of the use of any User Content is
solely the User’s responsibility.
Under no circumstances will the Company be
responsible for any damage or loss due to hacking or other unauthorised access
or use of the Website or the information contained therein.
If you have a dispute with one or more users, you
release us (and our affiliates and subsidiaries, and our and their respective
officers, directors, employees and agents) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes. In entering into this
release you expressly waive any protections (whether statutory or otherwise)
that would otherwise limit the coverage of this release to include only those
claims which you may know or suspect to exist in your favor at the time of
agreeing to this release.
25 CONSEQUENCES OF TERMINATION
On termination of this Agreement for any reason:
all licences and benefits granted under this Agreement shall immediately
terminate (save for as set out below) ;
each party shall return and make no further use of any equipment,
property, materials and other items (and all copies of them) belonging to the
the accrued rights of the parties as at termination, or the continuation
after termination of any provision expressly stated to survive or implicitly
surviving termination, shall not be affected or prejudiced;
the above licensing terminates within a commercially reasonable period
of time after you remove or delete your User Content from the Website; and
you understand and agree, that the Company may retain, but not display,
or distribute further copies of User Content that may have been removed or
deleted from the Website.
26 FORCE MAJEURE
Neither party shall be in breach of this Agreement nor liable for delay
in performing, or failure to perform, any of its obligations under this
Agreement if such delay or failure result from events, circumstances or causes
beyond its reasonable control. In such circumstances the affected party shall
be entitled to a reasonable extension of the time for performing such
failure or delay by a party to exercise any right or remedy provided under this
Agreement or by law shall constitute a waiver of that or any other right or
remedy save for where expressly set out in this Agreement. Nor shall it prevent
or restrict the further exercise of that or any other right or remedy. No
single or partial exercise of such right or remedy shall prevent or restrict
the further exercise of that or any other right or remedy.
28 LEGAL COMPLIANCE AND TAXES
You shall comply with all applicable domestic and international laws and
regulations regarding your use of the Website.
You will also be responsible for paying any and all taxes applicable to
any purchases or sales you make on the Website.
29 RIGHTS AND REMEDIES
The rights and remedies provided under this Agreement are in addition
to, and not exclusive of, any rights or remedies provided by law.
If any provision or part-provision of this Agreement is or becomes
invalid, illegal or unenforceable, it shall be deemed modified to the minimum
extent necessary to make it valid, legal and enforceable. Any modification to
or deletion of a provision or part-provision under this clause shall not affect
the validity and enforceability of the rest of this Agreement.
31 ENTIRE AGREEMENT
This Agreement together with any amendments and any documents or
policies referred to hereon in shall constitute the entire agreement between
the parties and supersedes and extinguishes all previous agreements, promises,
assurances, warranties, representations and understandings between them,
whether written or oral, relating to its subject matter.
Each party agrees that it shall have no remedies in respect of any
statement, representation, assurance or warranty (whether made innocently or
negligently) that is not set out in this Agreement. Each party agrees that it
shall have no claim for innocent or negligent misrepresentation or negligent
misstatement based on any statement in this Agreement.
Nothing in this clause shall limit or exclude any liability for fraud.
This Agreement, and any rights and licences granted herein under, may
not be transferred or assigned by you without the prior written consent of the
The Company may at any time assign, transfer, mortgage, charge,
subcontract, declare a trust over or deal in any other manner with any or all
of its rights or obligations under this Agreement.
33 NO PARTNERSHIP OR AGENCY
Nothing in this Agreement is intended to, or shall be deemed to,
establish any partnership or joint venture between any of the parties,
constitute any party the agent of another party, nor authorise any party to
make or enter into any commitments for or on behalf of any other party.
The Company reserves the right to modify or terminate the Website for
any reason, without notice, at any time.
The Company reserves the right to alter this Agreement or Website
policies at any time. If the Company
makes any changes they will notify you by means of a notice on the Company’s
35 THIRD PARTY RIGHTS
35.1 A person who is not a party to this Agreement
shall not have any rights to enforce any term of this Agreement.
The Company may provide notifications whether required by law, some
other business related purpose connected with this Agreement.
The Company reserves the right to determine the form and means of
providing notifications to Users and is not responsible for any filtering you
or your network provider may apply to email notifications we send to the email
address you provide us.
37 INTELLECTUAL PROPERTY INFRINGEMENT
The Company respects the intellectual property of others. If you consider your intellectual property
rights are being infringed, please complete our notice here.
38.1 As a result of viewing this Website some information may become stored on your computer. This information may be in the form of a 'cookie' or similar file which may help us in many ways, for instance to improve the content of this Website or to improve the matching of users interests or preferences. If you do not want a cookie to be stored on your computer, most Internet browsers have functions to erase cookies from the computer's hard drive, to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing this Website you consent to our use of any information gathered for the purposes mentioned above. Cookies are however required to use password protected parts of this Website.
Please read this Agreement
This Seller Terms and
Conditions explains the terms by which you may use the Holistic.Services
Marketplace Website as a Seller. If you are a Seller, in addition to these Seller
By accessing or using our
Website, you confirm that you have read, understood and agreed to and be bound
additional terms and conditions or policies referred to herein or on the
Website (altogether the “Agreement”).
Holistic.Services shall have
no liability for your interactions with other Users, or for any User’s
action(s) or inaction(s).
If you do not agree to these
terms, you must not use our Website.
We recommend that you print
a copy of these terms for future reference.
1 SELLER’S ACCOUNTS
1.1 When creating a Seller’s Account
(and for ID verification purposes), you may be asked to provide accurate and
complete information including:
(a) your full business name and any
(b) company registration number (if
(c) current registered address and trading
address (if different);
(d) valid email address;
(e) telephone number;
(f) your bank account details;
(g) your GST / Tax registration
(h) the Seller’s Policy (including
delivery, returns and money back guarantee).
1.2 The Seller is responsible for
maintaining the confidentiality of their account and all activities on their
1.3 The Seller must notify the Company
immediately if there has been any unauthorised use of their Seller’s Account or
they have reason to believe their password has become known to anyone else.
1.4 By providing the Company with your
email address you accept the Company to using the email address provided for
1.5 The Seller may cancel their Seller’s
Account at any time online providing all Transactions have been fulfilled or a
full refund has been provided.
1.6 Sellers may only hold one Seller’s
Account at any one time which must only
be operated by the Seller.
1.7 If a Seller requires a second
Seller’s Account the Seller must obtain prior written permission from the
1.8 The Seller cannot sell or transfer the
Seller’s Account without prior written permission from the Company.
2 SELLERS ACCOUNT DETAILS MUST BE KEPT SAFE
2.1 If provided with, a seller
identification code, password or any other piece of information as part of our
security procedures, you must treat such information as confidential. You must
not disclose it to any third party.
2.2 We have the right to disable any
user identification code or password, whether chosen by you or allocated by us,
at any time, if in our reasonable opinion you have failed to comply with any of
the provisions in this Agreement.
2.3 If you know or suspect that anyone
other than you knows your user identification code or password, you must promptly
notify us at email@example.com.
3 SELLER’S OBLIGATIONS
3.1 The Seller may list any Products/Services on
the Website that is not a Restricted Product/Service or otherwise prohibited by law.
3.2 Further without limitation, the
Seller may not list any Product/Service or link or post any related material that:
(a) infringes any third-party
intellectual property rights (including copyright, trademark, patent and trade
secrets) or other proprietary rights (including rights of publicity or
(b) constitutes libel or slander or is
3.3 The Seller will accurately describe
the Products and Services for sale.
3.4 As a Seller, you use the Website at your own risk.
3.5 By listing a Product or Service you represent
and warrant to Buyers that you have the right and ability to sell, the listing
is accurate, current and complete and is not misleading or otherwise deceptive
and is of satisfactory quality.
3.6 The Seller will determine the
purchase price for each Product/Service the Seller lists on the Website.
3.7 The Seller agrees by posting a
listing for a purchase price the Seller agrees to complete the transaction as
detailed in this Agreement. The Seller
acknowledges that by not fulfilling these obligations, their action or inaction
may be legally actionable.
3.8 The Company reserves the right to
refuse access to the Seller’s Account, remove or edit content without notice if
the Company in its sole discretion considers this Agreement or laws are being
breached or have been breached.
3.9 The Seller agrees by selling on the
Website that the Seller will:
(a) provide honest, accurate and not
(b) accurately represent their products in
listings and listing photographs;
(c) comply with the Intellectual
Property of others;
(d) not upload content that is
abusive, threatening, defamatory, harassing, obscene or vulgar;
(e) violate someone else’s privacy;
(f) false, deceptive or misleading.
3.10 The Seller shall comply with all
applicable laws and regulations with respect of its activities under this
Agreement and to its business.
4 PROHIBITED ACTIVITIES
4.1 You are solely responsible for your
conduct, uploads, posts, content and submissions (“Activities”) on the Website
and must not engage in any Prohibited Activities, which includes, but is not
- the listing and/or selling of Restricted Products/Services.
- providing false, inaccurate or misleading information;
- fraudulent activity;
- impersonating any person or entity;
- furnishing false data including false names, addresses and contact details;
- fraudulent use of credit/debit card numbers;
- sale of illegal, counterfeit or stolen products;
- infringement of any third party intellectual property rights;
- breaching rights of publicity or privacy;
- breaches of this Agreement, any additional terms and conditions or policies referred to herein or on the Website;
- breaches of domestic or applicable international laws;
- extortion; attempt to manipulate reviews through threats, intimidation or bribery.
- any attempt to manipulate reviews;
- offering products, goods, services or compensation in exchange for a positive review;
- drop shipping;
- listing and selling food products not stored or delivered according to their packaging, in packaging that is not intact, opened or tampered with in any way;
- food items that have expired or subject to recall by the Food Standards Agency;
- products intended for use in the diagnosis, treatment, cure or prevention of disease;
- products with drug or medicinal claims;
- food items not properly packaged and/or sealed to ensure the Buyer can tell if they have been tampered with.
5 CUSTOMER SERVICE
5.1 The Company expects Sellers to provide
high levels of customer service to Buyers and Users.
5.2 Sellers agree:
(a) to honour, advertised shopping and
(b) to complete transactions with Buyers
in a prompt manner;
(c) to respond to feedback in a timely
(d) to honour commitments you make in
(e) to resolve disagreements or disputes
directly with the Buyer in a timely and professional manner;
(f) if you are unable to complete a
Transaction you must notify the Buyer and cancel the Transaction and make a
5.3 If a dispute arises in
relation to the sale of a Product on the Website, the Seller is required to
resolve the dispute with the Buyer. If Buyer and Seller fail to resolve a
dispute, Seller must notify the Company in writing within 14 days of purchase
by the Buyer. Failure to notify the Company within 14 days shall result in the
waiver by the Seller of any claim relating to any such disputed payment.
6 FEES AND PAYMENT
6.1 The Website operates on a
Subscription Model. Please refer to ‘Pricing’ page at https://holistic.services/pricing, to view current Subscription prices and plans. Subscriptions are offered on a monthly or
annual basis (365 calendar day duration).
6.2 The Seller can cancel their Subscription anytime. The Company holds a strict no refund policy on any Subscription payments made by the Seller.
6.3 The Website acts as a
marketplace for the sale of goods and services in which a Seller lists a
product for sale, and upon the Buyer purchasing a Product, the Company software
facilitates the collection of payment.
The Company uses the Stripe Payment System to make payments to the Seller's nominated bank account. Where payment is processed through the Company site, the
Seller should expect to receive funds no later than 5 business days following
the purchase transaction.
6.4 The Company acknowledges and agrees
that no payments are due to it under this Agreement otherwise than as expressly
set out in this Agreement.
6.5 Contribution to marketing (where applicable), is a percentage of the net sales price including delivery charges and GST (or local applicable sales tax).
6.6 Payments will be made
to the Seller via Stripe, it is a requirement for the Seller to enter legitimate bank account details in the Seller's profile payment details.
7.1 By listing a Product or Service on the Website you
warrant that you may legally sell the Product or Service and will comply with the terms of
this Agreement and any additional terms and conditions or policies referred to
hereon in or on the Website.
7.2 All Products and Services must:
(a) be clearly and accurately described and be of
(b) free from fault;
(c) undertaken with reasonable skill and care;
(d) comply with all applicable statutory
and regulatory requirements relating to the manufacturer, labelling, packaging,
storage, handling and delivery of the Products, and any regulatory bodies or associations for Services;
(e) listed appropriately in categories;
(f) all prices are clearly listed in Australian Dollars (AUD) showing the rate of GST (or local sales tax) applicable with any additional charges unless clearly marked otherwise;
(g) state available time(s);
(h) available or has an end date for enrolments, or clearly state if no longer available or be removed from the Website;
(i) properly packed as to enable the
Products to reach the destination in good condition;
(j) food products listed showing their
(k) delivered to the delivery location
during normal business hours or as instructed by the Buyer.
7.3 The Seller, at all times, has and
maintains all the licences, permissions, authorities, consents and permits that
it needs to sell Products/Services to the Buyer.
7.4 The Seller is responsible for the
stock, handling and shipping of the Products to the Buyer.
7.5 All deliveries must be made within the
Seller’s quoted delivery time.
7.6 Sellers may charge reasonable shipping
and delivery fees to cover the costs for packing and delivering the
Products. Such fees must be clearly
stated near to the Product price and in the Basket.
8 LISTING FEES AND PAYMENT
8.1 If the Company increase their fees the
Company will notify the Seller with 30 days’ prior notice where possible.
8.2 All Fees are quoted in AUD.
8.3 The Seller is responsible for paying
all Fees and applicable taxes associated with using the Website.
8.4 All Fees are deducted at the point of
8.5 Your account may be suspended or
terminated without prior notice in the event Fees are unpaid.
8.6 Payment will be made to the Seller
pursuant to clause 6.
8.7 The Company may add new features or
content to the Website for additional fees and charges or amend content, fees
and charges for existing services, at any time in its sole discretion.
9 FEE AVOIDANCE
Sellers must not alter Product or Service prices after a sale or encourage Buyers to purchase Products or Services outside of the Website.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorised by us. More specifically, unless explicitly authorised in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorised COMPANY representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Your purchase is for personal use only. Sharing of purchases is not permitted and will be considered unauthorised, an infringing use of our copyrighted material, and may subject violators to liability.
If payment for a course is declined, our system will automatically disable access to our premium materials. (We understand. This usually happens because a credit card expires.) We want to help restore your access, so we’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we’ll restore access.
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorised access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
COMPANY may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centres for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
We occasionally include access to an online community as part of our programs. We want every single member to add value to the group. Our goal is to make your community the most valuable community you’re a member of. Therefore, we reserve the right to remove anyone at any time. We rarely do this, but we want to let you know how seriously we take our communities.
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS COMPANY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALISED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.
WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.
WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
YOU acknowledge and agrees that no representation has been made by COMPANY OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in THIS PROGRAM.
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.
The Copyright Tribunal of Australia provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the Australian Copyright Act 1968. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorised to act on its behalf that fails to comply with requirements of the Act shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Act permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the Copyright Tribunal of Australia. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: firstname.lastname@example.org
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries
Although it is highly unlikely, This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website.
Disclaimer: No Earnings Projections, Promises Or Representations
You recognise and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of Holistic.Services products, and that we have not authorised any such projection, promise, or representation by others.
Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).
There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings”.
(i) The Economy. The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by Holistic.Services products.
(ii) Your Success Or Lack Of It. Your success in using the information or strategies provided by Holistic.Services depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings (whether monetary or advertising credits, whether convertible to cash or not), at all.
Internet businesses and earnings derived therefrom, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase Holistic.Services products, and/or any monies spent setting up, operating, and/or marketing Holistic.Services products, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not).
(iii) Forward-Looking Statements. MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
(iv) Due Diligence. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of professional advice. Nothing contained on the website or in materials available for sale or download on the website provides professional advice in any way. You should consult with your own accountant, lawyer, or professional advisor for any questions you may have.
We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.
(v) Purchase Price. Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for Holistic.Services products has been arbitrarily set by us. This price bears no relationship to objective standards.
Website & Software Terms & Conditions
Our website address is: https://holistic.services
The Company operates the Website (www.holistic.services) (“the SITE”) where users can create and host websites and sales landing pages for their own personal or business use.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorised access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILISED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
14. This agreement shall be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the Australian courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
16. Live Chat terms of service. Livechat is generally available 8AM-6PM AEST, Monday to Friday. Live Chat is not available when Holistic.Services offices are. We aim to respond to each new Live Chat within 24 hours. Agents cannot answer coding or development questions, advanced troubleshooting, billing questions, or setup a custom domain via the Live Chat feature. Members may be banned without warning temporarily or permanently from Live Chat for inappropriate language, misuse, or abuse of Company employees using Live Chat.
What personal data we collect and why we collect it
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
Your contact information
We will not share your personal or financial data with any other party.