Non-Disclosure Agreement and Terms of Use
This Non-Disclosure Agreement ("Agreement") is entered into by and between HolisticAcademy.co (Legal Name: Light Digital Media LTD) ("Company") and the client ("Client"). This Agreement applies to all Company Services, including all current and future products, programs, content, and offerings.
Definition
"Company Services" refers to any offering by HolisticAcademy.co including but not limited to courses, coaching, programs, digital products, events, live and recorded sessions, community access, and related services—whether free or paid.
Scope of Agreement
This Agreement applies to all participation in or use of Company Services, across all delivery methods and platforms, now and in the future.
1. Confidential Information
The Client acknowledges that all content, materials, and information provided by the Company are confidential and proprietary.
The Client agrees not to disclose, reproduce, distribute, or otherwise share the Company's content without prior written consent from the Company.
The Client is explicitly prohibited from copying, imitating, or replicating the Company's modality, methods, or processes in any form.
2. Use of Information
The Client agrees that the information and content provided by the Company are for personal and educational purposes only. The content is also intended for entertainment purposes and should not be considered professional advice.
The Client shall not resell, redistribute, or exploit the content for commercial purposes.
All digital files, including but not limited to MP3s, meditations, and recordings, are licensed for personal, non-commercial use only. The Client may not copy, modify, distribute, upload, stream, or otherwise share this content in any format. Ownership of the original work remains with the Company.
3. Affiliate Program
The Client is encouraged to join the Company's affiliate program to earn commissions by promoting the Company's services.
Details of the affiliate program, including commission rates and payment terms, are provided separately.
4. No Guarantee of Results
The Company makes no guarantees regarding the results or outcomes of using its content and services.
The Client acknowledges that results depend on the Client's readiness, effort, and other factors beyond the Company's control.
The Company is not liable for any outcomes or lack thereof resulting from the use of its content and services.
5. Term and Termination
This Agreement shall commence immediately and remain in effect indefinitely, covering all current and future products offered by the Company.
Upon termination, the Client must cease all use of the Company's content and return or destroy any copies.
The Company reserves the right to exclude any client from the program at any time for any reason if it determines the client is not a good fit to continue.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.
7. Client Responsibility
The Client acknowledges and accepts full responsibility for their own physical, mental, and emotional well-being. You're in charge of your well-being and choices using these products.
The Client agrees to disclose any medical conditions that may require attention and understands it is their obligation to consult with and adhere to the guidance of their healthcare provider.
The Company shall not be held liable for any medical or psychological issues that arise during or after participation in the Company's programs.
The Client understands that the Company's services are not a substitute for professional medical advice, diagnosis, or treatment. The Client is encouraged to seek the advice of their physician or other qualified health provider with any questions regarding a medical condition.
The Company disclaims any liability for outcomes related to the Client's health or medical conditions. The Client is responsible for consulting with their healthcare provider before making any health-related decisions based on the Company's services.
In the event of a medical emergency, the Client is advised to contact their healthcare provider or emergency services immediately.
The Client acknowledges that their individual progress is dependent on their active participation, comprehension, and adherence to the guidance provided. The Client agrees to commit to the practices and recommendations to achieve the desired results.
The Client also consents to The Company using necessary treatments and techniques during any of the sessions, products or services provided by the company.
8. Limitation of Liability
The Company's liability to the Client for any claim arising out of or in connection with this Agreement shall be limited to the amount the Client has paid to the Company for its services.
9. Dispute Resolution
In the event of a dispute arising from this Agreement, the parties agree to attempt to resolve the matter through mediation before initiating any legal proceedings.
10. Intellectual Property Rights
All intellectual property rights in the Company's content and services shall remain the exclusive property of the Company.
The Client acknowledges that the Company's methodologies, processes, and systems are proprietary and unique, and agrees not to use them beyond the scope of personal or educational purposes.
The Client is prohibited from creating derivative works or using the Company's methodologies to develop competing products or services.
11. Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.
12. Force Majeure
The Company shall not be liable for any failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to natural disasters, war, or other unforeseen circumstances.
13. Indemnification
The Client agrees to indemnify and hold the Company harmless from any claims, damages, liabilities, costs, and expenses arising from the Client's breach of this Agreement or misuse of the Company's services.
14. Assignment
The Client may not assign or transfer their rights or obligations under this Agreement without the prior written consent of the Company.
15. Notices
All notices or other communications required or permitted under this Agreement shall be in writing and delivered via email to hello@holisticacademy.co.
16. GDPR and Data Protection
The Company utilizes Heartbeat.chat, a third-party system, to manage data in compliance with GDPR. Heartbeat.chat's Data Processing Addendum and security measures can be reviewed at https://www.heartbeat.chat/legal-docs/dpa.
Clients are encouraged to review Heartbeat.chat's Privacy Policy and Terms & Conditions at https://www.heartbeat.chat/privacy and https://www.heartbeat.chat/terms respectively.
The Company acts as a data controller while Heartbeat.chat acts as a data processor. The Company ensures that all data processing is conducted in compliance with applicable data protection laws.
The Company also utilizes Vbout for email marketing purposes both before and after clients become customers. Vbout's Terms of Service and Privacy Policy can be reviewed at https://www.vbout.com/terms-of-service/ and https://www.vbout.com/privacy-policy/ respectively.
16.1 Explicit Data Consent
By agreeing to this Wellness Agreement, the Client consents to the collection, processing, and storage of their personal data in accordance with GDPR and as outlined in this Agreement.
16.2 Client Rights Under GDPR
The Client has the right to:
- Access and review their personal data
- Request correction or deletion of their data
- Request data portability
- Object to or restrict data processing
- Lodge a complaint with a data protection authority
To exercise any of these rights, the Client may contact the Company at hello@holisticacademy.co.
16.3 Marketing Consent
The Company may occasionally send marketing emails related to new services, content, or events. The Client may choose to opt in to receive these communications separately and can unsubscribe at any time via the link provided in each email.
17. Miscellaneous
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.
The Company reserves the right to amend this Agreement at any time. Clients will be notified of any changes, and continued use of the Company's services constitutes acceptance of the revised terms. Clients who do not agree to the updated terms may terminate their subscription.
Nothing in this Agreement creates a joint venture, agency, employment, or fiduciary relationship between the parties.
18. Recording of Video Meetings
All video meetings conducted by the Company may be recorded for training and educational purposes, as well as for the creation of marketing materials.
The Company assures the Client that no personal information or spoken words of the Client will be disclosed without obtaining verbal consent.
Marketing materials typically feature content spoken by the instructor. Should there be any specific sections where the Client shares information, the Company will seek explicit permission before using these parts of the recording.
The Client's privacy and comfort are of utmost importance to the Company, and all measures are taken to ensure a safe environment for sharing personal information during recorded sessions.
19. Payment Processing
The Company uses Stripe as a third-party payment processor to handle payments. By making a purchase, the Client agrees to Stripe's Terms of Service and Privacy Policy, which can be found at https://stripe.com/legal and https://stripe.com/privacy respectively.
The Company does not store or have access to the Client's full payment information outside of the secure systems provided by Stripe and Heartbeat.chat.
The Client agrees to provide accurate and complete payment information and authorizes the Company to charge the specified amount for the services purchased.
In case of any payment disputes or issues, the Client is encouraged to contact the Company for resolution.
20. Refund Policy
All sales are final unless otherwise specified. Refund terms, where applicable, will be clearly stated per product or program.
21. Non-Compete Clause
The Client agrees not to use the Company's methodologies, processes, or systems to create competing products or services indefinitely.
22. Enforcement and Remedies
In the event of a breach of this Agreement, the Company reserves the right to seek legal action, financial penalties, or other remedies deemed appropriate.
23. Age Confirmation
By using the services provided by the Company, you acknowledge and agree to abide by the terms and conditions outlined in this Agreement, and confirm you are over 18 and entering this Agreement willingly.