Terms & Conditions
When you access this website, you agree to our Terms and Conditions, please take a few moments to read these Terms. By using this website you are entering into a legally binding contract. Please read the content carefully before you start to use the website, www.holistic-connections.com (the “Website”).
Overview
Holistic Connections is an online community hub for the North East of Scotland focusing on physical, emotional, social, spiritual and mental health and wellbeing through the provision of a dedicated website platform for members to share their services to "Customers" in a dedicated online space.
Holistic Connections operates the online community hub and implement the tools and technical means to enable this relationship, but any contract for sale undertaken through navigation of the online community hub is between the Customer and the Service. We do not have possession of any services offered for sale and are not directly involved in the transactions between Customers and Services. Holistic Connections is not part of the contract of sale between Customers and Services, nor any other contract concluded between Users of the Website. Holistic Connections accepts no liability for any issues which may arise during the conclusion of these contracts/provision of service.
Holistic Connections cannot give any undertaking, that products and/or services you purchase from Services through the Website will be of satisfactory quality, and this and any other such warranties (whether expressed or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against a Service.
1. General
1.1. These Terms of Use, together with the documents referred to
within, regulate the use of our Website and define the legally binding
terms on which you access, browse, register or otherwise use the
Website and receive the services, (the “Services”). The Terms of Use
apply to all users of the Website, (“Users”). The “Services” are the
contributors of any content, material, information, newsletter, blog
or services on the Website.
1.2. By using our Website in
any manner, you confirm that you accept these Terms of Use and that
you agree to comply with and be bound by them. You understand that
breach of any of these Terms of Use may result in your rights to use
the “Services” on the Website being restricted, suspended or
withdrawn.
1.3. If you do not agree to these Terms of Use, you must not access
the Website.
1.4. We may amend these Terms of Use at any
time by amending this page. Please check this page from time to time
to take notice of any changes we make, as they will be binding on you.
These Terms of Use were last updated on 1st July 2020.
2. Other Applicable Terms
These Terms of Use also refer to the following additional terms, which also apply to your use of our Website, as well as any other operating rules, policies or procedures that may be published from time to time on the Website, each of which is incorporated into these Terms of Use by reference and each of which may be updated by us from time to time: - As further detailed in clause 6 below, in respect of any payments made via the Website, STRIPE Terms and Conditions can be found here: https://stripe.com/docs/security/stripe - For every User of the Website, the Data Privacy Policy relating to the processing of personal data by the Company and the use of cookies on the Website, which accompany these Terms of Use and take precedence over them in the event of any conflict (the “Data Privacy Policy”).
3. About
The website is owned and operated by ‘Holistic Connections’ whose registered office is 23 Annesley Grove, Torphins, AB31 4HZ.
4. About The Website
4.1. The Website is an online community hub allowing users who comply
with our Terms of Use to create and manage, or simply join an online
community which is set up and organised by Holistic Connections in
order to promote trade of health and wellbeing services. Once
registered, users can create personal profiles and depending on the
level of their subscription use other services on the Website.
4.2. The purpose of Holistic Connections is to establish a
direct link between the suppliers of services, who wish to promote
their services through an alternative outlet to consumers.
4.3. Holistic Connections operate the platform and
implement the tools and technical means to enable this relationship.
We do not have possession of any services offered for sale and are not
directly involved in the transactions between users and services. The
Company is not part of the contract of sale between users and
services, nor any other contract concluded between Users of the
Website. The Company accepts no liability for any issues which may
arise during the conclusion of these contracts. 4.4. Holistic
Connections do not review Services’ offers or content on the Website.
We have no control over and do not guarantee the existence, quality,
safety or legality of Products advertised; the truth or accuracy of
Services offers, the ability of Services to provide the services. 4.5.
Holistic Connections cannot give any undertaking, that services you
purchase from Services through the Website will be of satisfactory
quality, and this and any other such warranties (whether express or
implied) are disclaimed by us absolutely to the fullest extent
permitted by law. This disclaimer does not affect your statutory
rights against a Service.
5. Accessing our Website and Services
5.1. Our Website is made available free of charge to all users, our
“Services” subscribe to be hosted on this website.
5.2. We
do not guarantee that our Website, any Content or any of the Services,
will always be available or be uninterrupted, or fault-free. Access to
our Website is permitted on a temporary basis and we may suspend,
withdraw, discontinue or change all or any part of our Website without
notice at any time. We will not be liable to any user of the Website
if for any reason the Website is unavailable at any time or for any
period. Please note that content on our Website may be out of date at
any given time and we are under no obligation to update it.
5.3. We do not guarantee that our Website, or any Content
on it will be free from errors or omissions.
5.4. You are responsible for making all arrangements necessary to have
access to our site and are responsible for ensuring that all persons
who access the Website through your internet connection are aware of
these Terms of Use and other applicable terms and conditions, and that
they comply with them.
6. Membership and Registration
6.1. Holistic Connections is available only to, and may only be used
by, individuals who are 16 years and older and who can form legally
binding contracts under applicable law. You represent and warrant that
you are at least 16 years old and that all registration information
you submit is accurate and truthful.
6.2. Services who
fulfil the requirements above and wish to join Holistic Connections
must first register an account to become a Member of the Website
(“Account”), in accordance with clause 6.3 below, by completing all
required fields on the Website registration form found here:
www.holistic-connection.com/join
Users and join in accordance with the terms set out in the Special
Conditions of Use, found here:
www.holistic-connections.com/terms
6.3. In order to register for an Account, you must provide
a full name, business details, email address, telephone number and a
secure password, which you may update at any time via the Website in
“My Profile”. It is at this point you are required to tick a box to
confirm to agree with our Terms Of Use and Privacy Policy. You are
solely responsible for keeping your log in details (including your
password) confidential and must not disclose it or share it with
anyone. In the event of theft, loss, fraud or unauthorized use of a
user’s password or account, you must contact us immediately at
support@holistic-connections.com In such circumstances, we reserve the right to take any
measures we deem appropriate.
6.4. Once registered for an Account, a member will then be able to
create their profile on the website in line with the level of
subscription they have subscribed to.
6.5. Where we have reason to suspect or believe that there has or is
likely to be a security breach or other misuse of the Website, we
reserve the right to require you to change your password. Failure to
do so may result in us suspending or deleting your account.
6.6. As a user, you:
6.6.1. Represent and undertake
that all Account information provided is accurate, up to date, honest
and not misleading;
6.6.2. Commit to updating your Account
information as and when it changes; and
6.6.3. accept sole
responsibility for any direct or indirect adverse consequences caused
by the inaccuracy of this information or failure to update this
information.
6.7. The information submitted to create or update an Account
constitutes a proof of your identity. We reserve the right to verify,
at any time, the accuracy of the information provided and to ask you
for any additional documentation or information for the purpose of
identity verification.
7. How to de-register
7.1. You can at any time decide to terminate your Holistic Connection
subscription/membership, however no refunds will be paid if you cancel
your subscription before its expiry date.
7.2. In addition, you can unsubscribe from the Website at any time by
sending an email to support@holistic-connections.com We will send you
confirmation that your account has been cancelled, after which point
you will no longer have access to the Services.
8. Payments on our Website
8.1. All payments made on the Website are processed by a third party
payment handler, STRIPE, a registered e-money company which provides
services for the issuing, use and management of e-money (“Payment
Service”). In Order to buy and sell Products advertised on a Hub,
Members must register and create an electronic wallet account
(“Electronic Wallet”), with the Payment Service.
8.2. By having an Account, users agree to be bound by the Terms and
Conditions of the Payment service which can be viewed at
https://stripe.com/docs/security/stripe. In the event of any conflict between the Terms and Conditions of
the Payment Service on the one hand, and these Terms of Use and/or the
Special Conditions of Use on the other, the latter will take
precedence, with the exception of where applicable law demands the
application of the Terms and Conditions of the Payment Service.
8.3.
The Payment service, STRIPE, is solely responsible for these
transactions.
9. Uploading Content onto our Website
9.1. Whenever you make use of a feature that allows the upload of
content of any nature (including written, visual, audio, video or
other content, including any offer of Products made by Producers)
(“Content”) to our Website, or make contact with other users of our
Website (such as via the public discussion space our social media),
you must comply with the rules set out in these Terms of Use.
9.2. You are solely responsible for the interaction with
others on the Website and for all Content you choose to upload to the
Website, which means that if you provide Content in breach of these
terms, you may be required to compensate anyone who suffers as a
result. Accordingly, you must ensure to respect the usual rules of
moderation, politeness, and cordiality with regard to any interaction
with other users or exchange of Content on the Website.
9.3. Please use common sense when uploading content onto
public spaces in particular when giving out personal details. For
example, do not send your bank or credit card details to anyone except
our payment processor.
9.4. You must not use the Website
to harass, threaten, intimidate, blackmail or otherwise abuse another
user and if someone asks you not to contact them again, you must not
contact them via the Website again.
9.5. You must not use messages to send unsolicited advertising or
promotions, requests for donations or “spam”, or pass on email
addresses or any other information on to third parties.
9.6. Users are expressly informed and agree that we may
access at any time, messages exchanged through the Message Space, and
use them, if necessary, to protect our rights in particular in the
context of legal proceedings.
9.7. You undertake to us that you possess all the rights and
authorisations necessary for the publication of any content uploaded
onto the Website and that the content does not infringe any third
party intellectual property rights. In the event that we receive a
complaint in respect of any content posted by you it shall be your
sole responsibility to deal with such a complaint and to compensate us
for any loss suffered. We reserve the right to remove any such content
immediately and/or provide your identity to any third party who is
claiming that any such content constitutes a violation of their
intellectual property rights, or rights to privacy.
9.8. You grant us a non-exclusive, perpetual, irrevocable,
royalty-free, fully sub-licensable and transferable right to use,
reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, and display such licence to use the Content you add
to our Website, throughout the world in any media, including, for
example, for our campaigning purposes or marketing materials.
9.9. You agree to allow the Company to store or re-format
your Content on the Website and display your content on the Website in
any way we choose. We will only use personal information in accordance
with our Data Privacy Policy.
9.10. You agree only to
publish Content that is lawful, does not harm public order, decency or
the rights of a third party, does not violate any law or regulation
and more generally, which is not likely to expose us to civil or
criminal liability.
9.11. We act only as a hosting service provider and have no knowledge
or control of the content published by users in the context of the
services. Views expressed by individuals on our Website do not
represent the views of the Company. We do not moderate, select, verify
or control in any way the content and we accept no liability for the
content posted by third parties. All complaints must be directed in
the first instance to the author of the content in question or the Hub
Host. You may, however notify us of any content related complaints at
support@holistic-connections.com
9.12. We reserve the
right to remove material posted on the Site or social media (or any
other public space on the Website) and to contact you in the event
that there are concerns about the content you have submitted. If we
believe that any material placed on the Site (or any other public
space on the Website) by you is unlawful we may contact the relevant
authority.
10. Prohibited Use of the Website
10.1. You must not use the Website for disseminating any of the
following Content (this list is not exhaustive): - Content which is
unlawful, harassing, pornographic, obscene, indecent, shocking,
abusive, threatening, inappropriate for family viewing, vulgar,
libellous, defamatory, injurious, violent, racist, xenophobic, or
Holocaust denying; - dishonest, misleading Content, or Content which
offers or promotes unlawful, fraudulent or dishonest activities; -
material that encourages conduct that constitutes a criminal offence,
results in civil liability or otherwise breaches any relevant laws,
regulations or code of practice; - Content which is harmful to the IT
systems of third parties (such as viruses, worms, Trojan Horses etc.);
or - more generally, Content which is likely to violate the rights of
a third party (including intellectual property rights, image rights,
etc.) or to be prejudicial to third parties, in any manner or form.
10.2. In addition, you must not use the Website for any of
the following purposes (this list is not exhaustive): - transmitting
material containing any form of advertising or promotion for goods and
services, junk mail, chain letters or “spam”; - gaining unauthorised
access to other computer systems; - interfering with any other
person’s use or enjoyment of the Website; - impersonating another
person or otherwise mislead as to the origin of Content; - the
carrying out of illegal or fraudulent activities, or any activity
violating the rights or safety of third parties; - the violation of
public Order or of applicable laws and regulations; - intrusion of a
third party’s IT system, or any activity likely to harm, control,
interfere with or intercept part or all of a third party’s IT system,
or to violate its integrity or safety; - the sending of unsolicited
emails, and/or marketing or commercial solicitation emails; -
manipulations aimed at improving the indexing of a third party
website; - the collection and aggregation of any information present
on the Website without the Company’s expressly given authorisation; -
the assistance or incitement, in any manner or form, of one or several
of the aforementioned acts and activities; or - more generally, any
practice aiming to divert the Services to purposes other than those
for which they have been created.
10.3. It is strictly
forbidden for Users to copy and/or divert for their own purposes or
those of a third party the concept, technologies or any other element
of the Website.
10.4. Equally strictly forbidden are:
(i) all behaviours likely to interrupt, suspend, slow or impede
the Services’ continuity;
(ii) all intrusions or attempts to
intrude into the Company’s systems;
(iii) all actions likely to
divert the resources of the Website;
(iv) all actions likely to
impose a disproportionate burden on the Website’s infrastructures;
(v) all violations of security or authentication measures;
(vi) all acts likely to violate the rights and financial,
commercial, or moral interests of the Company or of the Website’s
Users;
(vii) all actions aimed at suppressing, hiding or
displacing the advertisements or promotional messages found on the
Website; and
(viii) any breaches of these general terms and
conditions.
10.5. It is strictly forbidden to trade, sell or grant all or part of
the access to the Services or to the Website, as well as to the
information which is hosted and/or shared on it.
10.6. You
warrant that any Content you upload and your use of the Website
complies with the standards set out in these Terms of Use, and you
will be liable to us and indemnify us for any breach of that warranty.
If you are a consumer user, this means you will be responsible for any
loss or damage we suffer as a result of your breach of warranty.
11. Intellectual Property
1.1. We are the owner of all intellectual property rights in the
Website and any materials published on it. These rights are protected
by copyright laws and treaties around the world. All such rights are
reserved. You may only access and use the materials for personal use
and you may not otherwise reproduce, distribute, publicly perform,
publicly display, modify or create derivative works of the materials
(or authorise others to) for commercial gain, without a licence to do
so from us.
11.2. We own or are the licensee of all rights, titles, interests, in
and to the Website, including all rights under patents, copyrights,
data base rights, design rights, trade secrets, trademarks, and any
and all other proprietary rights, including all applications,
renewals, extensions and restorations thereof. Any disassembling,
recompilation, decryption, extraction, re-use, copying, or more
generally any act of reproduction, representation, transmission or use
of any of these elements, in part or in whole, without the
authorisation of the Company is strictly forbidden and may be subject
to legal action.
12. No Reliance
12.1. The Content on the Website is provided for general information
only and is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our
site, we make no representation, warranty or guarantee, whether
express or implied, that the content on our site is accurate, complete
or up-to-date and you acknowledge that any reliance on such
information will be at your own risk.
12.2. We have no
obligation to verify the content of such information or to edit any
such information provided by third parties.
13. Limitation of Liability
13.1. Nothing in these Terms of Use excludes or limits our liability
for death or personal injury arising from our negligence, or our fraud
or fraudulent misrepresentation, or any other liability that cannot be
excluded or limited by Scottish law.
13.2. To the extent
permitted by law, we exclude all conditions, warranties,
representations or other terms which may apply to our site or any
content on it, whether express or implied.
13.3. We will not be liable to any user 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. We will not be liable for any loss or damage caused by a virus,
distributed denial-of-service attack, or other technologically harmful
material that may infect your computer equipment, computer programs,
data or other proprietary material due to your use of our Website or
to your downloading of any content on it, or on any website linked to
it.
13.5. We assume no responsibility for the content of websites linked
on our Website. Such links should not be interpreted as endorsement by
us of those linked websites. We will not be liable for any loss or
damage that may arise from your use of them.
14. Viruses
14.1. We do not guarantee that our Website will be secure or free from
bugs or viruses.
14.2. You are responsible for configuring
your information technology, computer programmes and platform in order
to access our Website. You should use your own virus protection
software.
14.3. You must not misuse our Website by
knowingly introducing viruses, trojans, worms, logic bombs or other
material which is malicious or technologically harmful. You must not
attempt to gain unauthorised access to our Website, the server on
which our site is stored or any server, computer or database connected
to our Website. You must not attack our site via a denial-of-service
attack or a distributed denial-of service attack. By breaching this
provision, you would commit a criminal offence under the Computer
Misuse Act 1990. We will report any such breach to the relevant law
enforcement authorities and we will co-operate with those authorities
by disclosing your identity to them. In the event of such a breach,
your right to use our Website will cease immediately.
15. Linking to Our Website
15.1. 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.
15.2. 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 exists.
15.3. You must not establish a
link to our Website in any website that is not owned by you.
15.4. Our Website must not be framed on any other site,
nor may you create a link to any part of our site other than the home
page or a Hosts home page.
15.5. We reserve the right to
withdraw linking permission without notice.
15.6. The
website in which you are linking must comply in all respects with the
content standards set out in these Terms of Use.
15.7. If
you wish to make any use of content on our site other than that set
out above, please contact support@holistic-connections.com
16. Third Party Links
16.1. We can under no circumstances be held responsible for the
availability of third party websites from which you gain access via
the Website.
16.2. We accept no liability for content,
advertising, products and/or services available on such third party
websites and we are not responsible for any transaction occurring
between you and a third party website.
17. Advertising
We reserve the right to insert on any page of the Website or in any communication with users any form of advertising or commercial message. You understand that we may transmit any advertising content or promotional content on the Website and in its communication with you or other users.
18. Waiver
Any failure by us to require strict performance of any of your obligations under these Terms of Use, and any failure by us to exercise any of the rights or remedies to which we are entitled, shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
19. Severability
If any of these Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by Scottish Law.
20. Personal Data
The Company collects and processes Users’ personal data. For further details, every User is invited to read the Website’s Data Privacy Policy carefully (the “Privacy Policy”). Under current regulation, in particular the EU Regulation 2016/679 of 27th April 2016, known as the general data protection regulation (the “GDPR”), Users have a right to access, to rectification, to erasure and to portability of the data relating to them and shall also, on grounds relating to their particular situation, have the right to object to processing and, in the cases provided by law, the right to restriction of processing the data related to them. For them to exercise these rights, the Company asks Users to send an email to support@holistic-connections.com or a mail to the address mentioned in Article 3. For the avoidance of doubt, with the exception of Hosts, Services and our Payment Provider we DO NOT share your details with any other third parties.
21. Sanctions of Breaches
21.1. In the event of any breach of these Terms of Use or violation of
applicable laws or regulations, we reserve the right to take any
appropriate measure, including without limitation:
a) suspending
or terminating access to all or part of the Services of the User who
committed the breach or offence and any User who participated in any
such breach;
b) removing any content published on the Website;
c) publishing on the Website any notice that the Company deems
useful;
d) alerting all relevant authorities; and/or
e) taking legal
action.
21.2. Any suspension or termination shall take
full effect on the date we send the communication to the User and the
User’s account will be automatically cancelled without further notice,
without prejudice of any other rights and remedies we may have.
22. Complaints
Should you have any reason to complain please contact support@holistic-connections.com