BEGIN TO HEAL, LLC IS NOT A HEALTHCARE PROVIDER. WE ARE AN ONLINE TECHNOLOGY PLATFORM. WE DO NOT PROVIDE TRADITIONAL MEDICINE OR ANY ALTERNATIVE THERAPIES. WE DO NOT PROVIDE HEALTHCARE ADVICE AND DO NOT REPRESENT ANY HEALTHCARE OR ALTERNATIVE MEDICINE PROVIDERS. WE MAKE NO PROFESSIONAL ENDORSEMENTS OF ANY PROVIDERS. OUR PLATFORM MAKES IT CONVENIENT FOR USERS TO FIND PRACTITIONERS WHO PROVIDE ALTERNATIVE THERAPIES SUCH AS ACUPUNCTURE, REIKI, HYPNOTHERAPY, LIFE COACHING, HEALING THERAPIES, AYUVEDA/NATUROPATHY/HERBOLOGY, MEDITATION, NUTRITION THERAPY AND YOGA. ALL PRACTITIONERS LISTED ON OUR PLATFORM ARE INDEPENDENT AGENTS.
These Terms of Service, including the Booking Form which by this reference is incorporated herein (this "Agreement"), is a binding agreement between Begin to Heal, LLC ("Company") and the person or entity identified on the Booking Form as the person or entity requesting a service from our registered third-party practitioners ("Registered User" and “You”) through the Company’s website the www.begintoheal.com.
BY UTILIZING THIS WEBSITE AND/OR BY CLICKING THE "ACCEPT" BUTTON, YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE 18 YEARS OF AGE OR OLDER; AND (II) IF THE REGISTERED USER IS A CORPORATION, GOVERNMENTAL ORGANIZATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE REGISTERED USER AND BIND THE REGISTERED USER TO ITS TERMS. IF THE REGISTERED USER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, THE COMPANY WILL NOT AND DOES NOT PROVIDE THE SERVICES AND YOU MUST NOT USE THE WEBSITE OR THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR THE REGISTERED USER'S ACCEPTANCE OF THIS AGREEMENT, THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING SERVICES THAT THE REGISTED USER DID NOT ACQUIRE LAWFULLY.
1.Services. The Website is a technology platform that enables users of the Company’s Website provided as part of the services (the “Services”) to find holistic therapy service providers and schedule and pay for services of such third-party providers of such services, under agreement with the Company (the “Third Party Providers”). YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT PROVIDE TRADITIONAL MEDICINE OR ANY ALTERNATIVE THERAPIES OR FUNCTION MEDICAL SERVICE PROVIDER.
2.Third Party Materials. The Website may display, include or make available content from Third Party Providers (including products, services and/or materials, data, information, and applications) or other third-parties or provide links to websites of Third Party Providers and other third-parties, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third- party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary's terms of service.
3.Your Use of the Services
(a) In order to use the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to the Company certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Company's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by the Company in writing, you may only possess one Account.
(b) The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive holistic therapy services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or get the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
(c) By creating an Account, you agree that the Company may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You agree that standard text messaging rates may apply, and you agree to pay any and all data charges resulting therefrom. You may opt-out of receiving text (SMS) messages from Company at any time by texting the word [STOP] to [NUMBER] from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
(d) the Company may, in the Company's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third-Party Provider's services, subject to any additional terms that the Company establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes:
(i) must be used for the intended audience and purpose, and in a lawful manner;
(ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by the Company;
(iii) may be disabled by the Company at any time for any reason without liability to the Company;
(iv) may only be used pursuant to the specific terms that the Company establishes for such Promo Code;
(v) are not valid for cash; and
(vi) may expire prior to your use.
(e) The Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that the Company determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
(g) You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Website and any updates thereto. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
(a) You understand that use of the Services may result in charges to you for the services or goods you receive from a Third-Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, the Company will facilitate your payment of the applicable Charges on behalf of the Third-Party Provider, as such Third-Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by the Company. You retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods. The Company will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good.
(b) All Charges are due immediately and payment will be facilitated by the Company using the preferred payment method designated in your Account, after which the Company will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that the Company may, as the Third-Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
(c) As between you and the Company, the Company reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in the Company's sole discretion. The Company will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. The Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third-Party Provider at any time prior to such Third-Party Provider's provision of such services or goods.
(d) This payment structure is intended to fully compensate the Third-Party Provider for the services or goods provided. Except with respect to Third Party Provider services requested through the Website, the Company does not designate any portion of your payment as a tip or gratuity to the Third-Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider.
(e) To the extent that your payment methods fail, and you are past due in a payment, You shall incur a late fee of $15 per month that you carry a past due amount. Past due amounts shall earn interest monthly at the highest legal rates. You agree to pay for all fees and costs, including but not limited to reasonable attorney’s fees, court courts, and collections costs incurred by The Company in collecting past due amounts.
(f) If you carry a past due amount, The Company may suspend your account and you may be prevented from further use of the Platform until your account has been brought back into good standing.
5.Appointment Cancellation. If You choose to cancel any appointment scheduled through the Platform more than twenty-four (24) hours before the appointment is scheduled to begin, You will not be charged and/or you will be fully refunded any amounts already paid.
You may not cancel an appointment with less than twenty-four (24) hours notice. This is a material term of this Agreement. You acknowledge that you have read and have agreed to this Cancellation Policy by agreeing to these Terms of Service and by utilizing the Begin to Heal Platform. Any appointment cancelled within twenty-four (24) hours of the appointment time shall be charged fully to You, and You agree to make payment in full.
6.Membership Rewards. Through use of the Company’s Platform, you may be eligible for Membership Rewards. Details on the Membership Rewards Program are provided at Exhibit A.
7.Term and Termination.
(a) The term of Agreement commences when you register for an Account and will continue in effect until terminated by you or Company as set forth in this Section Error: Reference source not found.
(b) You may terminate this Agreement by closing your Account.
(c) Company may terminate this Agreement at any time without notice if it ceases to support the Website, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i)all rights granted to you under this Agreement will also terminate; and
(ii)you must cease all use of the Website.
(e) Termination will not limit any of Company's rights or remedies at law or in equity.
8.Practitioner Liability. Through use of the Platform, You may choose to schedule an appointment with a Practitioner. You agree and understand that any interaction between You and the Practitioner is separate from the use of this Platform and that this Platform is solely available to schedule appointments and facilitate payment. You understand that the Company is not liable for actions or inactions taken by Practitioners that you interact with through the Platform.
You agree and hereby do hold harmless the Company from any and all liability whatsoever that did or could derive from your interaction with Practitioners through the Platform.
You understand and agree that Your sole remedy for any damages or issues encountered through Your interactions with Practitioners through the Platform shall be against Practitioners, and You hold harmless the Company from any such damages.
9.Disclaimer of Warranties. THE WEBSITE IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10.Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE WEBSITE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
11.Indemnification. You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Website or your breach of this Agreement. Furthermore, you agree that Begin to Heal, LLC assumes no responsibility for the content you submit or make available through this Website.
12.Export Regulation. The Website may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Website to, or make the Website accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Website available outside the US.
13.US Government Rights. The Website is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Website as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
14.Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
15.Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16.Court Costs and Attorney’s Fees. You agree to pay all court costs and reasonable attorney’s fees incurred by the Company for enforcing this Agreement.
17.Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19.Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
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