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ONLINE TERMS OF USE
Updated: July 2022
GenesisHolisticMedicine.com (this “Site”) is owned and operated by Genesis Holistic Medicine.
These Terms of Use of use include all general terms and conditions for:
PLEASE READ THE TERMS OF USE AGREEMENT CAREFULLY BEFORE ACCESSING SERVICES ON THE SITE.
In these Terms of Use, the following definitions apply:
1.1. “Services” means any information, video content, live sessions, photos, articles and services ordered and/or provided by the Company through or via the Site and all services offered as part of the membership subscription or when viewed as a Visitor. Any electronic information supplied to you by the Company will constitute part of a Service and any cancellation rights will apply and be interpreted accordingly.
1.2. “Site” means the Genesis Holistic Medicine website and related shared content sites including but not limited to Mighty Networks, Thinkific, Zoom, Vimeo, SurveyAnyplace.
1.3. “Visitor” means a person who visits and browses the Site.
1.4. “Member” means a person who has signed up to our online learning platform or Genesis Lifestyle online community.
1.5. “Subscriber” means a person who has joined our email distribution list
1.6. “Subscription” means an arrangement to receive a Service or Services by paying in advance.
2.1. This Agreement sets forth legally binding terms for your use of the Site. By using the Site, you agree to be bound by this Agreement, whether you are a Visitor or a Member.
2.2. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted.
3.1. Any breathwork, exercise, health and nutritional information in the form of videos, programmes and articles provided as part of the Site can be physically and emotionally demanding. The use of these Services requires a high level of responsibility and self-awareness in order to avoid injury.
3.2. Before commencing any of the Services offered, and before making changes to your existing exercise or nutritional program, you should consult your physician or other qualified Healthcare Provider in order to ascertain whether the programs are appropriate for you. You are responsible for your own safety.
3.3. Please stop immediately any form of Service when any physical discomfort occurs. Instructors may suggest a modified version, physical adjustment or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.
3.4. You expressly waive and release any claim that you may have at any time for injury of any kind against the Company, or any person or entity involved with the Company including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives. Please do not use the content and Services if you are not willing to accept this responsibility.
3.5. No Service provided through the Site or provided by the Company by email or in any manner whatsoever should be construed as medical and/or health advice. Always seek the advice of your physician or other qualified Healthcare Provider for answers to any questions you may have regarding a medical or health related condition. No Service is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read or seen on the Site.
3.6. There is no guarantee, representation, warranty or undertaking that your fitness, health or well-being will improve as a result of participating in the Services.
3.7. We try to make sure that all information posted on the Site is correct, and we will use reasonable care and skill in providing the Services to you. As long as we have done that, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this Site.
4.1. Unless the content is being offered for free, full payment in advance is required to access Services on the Site.
5.1. Subscription to our online learning platform is available to those who have paid in advance for access.
5.2. As part of the registration process you or we will create an online user account with us, which provides access to our learning platform.
5.3. Your login details are not transferable to any third party and are not shareable.
5.4. We reserve the right to terminate your access to the Members area if you fail to comply with any of the terms in this agreement.
5.5. At the end of your subscription, your account will be deactivated.
5.6. Your personal information will be stored in accordance with [Spanish] law.
6.1. Pre-paid Live Sessions
6.1.1. If you are not able to attend a pre-paid Live Session, for whatever reason, we will provide you with a recording so you can still view and partake in the Service.
6.1.2. If we cancel a pre-paid Live Session we will offer an alternative date, or refund if an alternative is not available.
6.2. Online Course
6.2.1. If you are not able to attend an online course, for whatever reason, we will try to accommodate them to join another time or where possible provide you with a recording and any supporting material so you can still view and partake in the Service.
6.2.2 If we cancel an online course we will offer an alternative date, or refund in full if an alternative is not available.
6.3. Subscription
6.3.1. You can cancel your subscription at any time from the Settings section of the members area.
6.3.2. If you cancel your subscription access will continue until the end of the paid period.
7.1. You may use the Site for personal and lawful use and in accordance with these Terms of Use.
7.2. All content is proprietary to the Company.
7.3. You are not allowed to copy, record, download or use any material from the Site for any purpose including any commercial purpose including for selling any goods or services.
7.4. The intellectual property rights in all Services of the Site and all Company brands, trademarks and logos (“Materials”) are owned by the Company. You acknowledge and agree that all Materials on the Site are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Site, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the Company’s prior written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Site or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
7.5. You must not use the Site to post, upload or otherwise transmit material or speech which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other website or damage or destroy the reputation of the Company or any third party.
7.6. The Company accepts no obligation to monitor the use of the Site. However, the Company reserves the right to do so and to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these Terms of Use or any breach of applicable law or regulation. The Company will also, in its absolute discretion, fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
8.1. All personal information that we may use will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
8.2. For complete details of our collection, processing, storage and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Notice: https://genesishealth.life/privacy.
9.1. The Company may suspend the operation of the Site for repair or maintenance work, or in order to update or upgrade the contents or functionality of the Site, from time to time.
9.2. Access to or use of the Site or any Sites or pages linked to it will not necessarily always be uninterrupted or error free.
9.3. The Company may terminate its Service to you immediately in the event you breach any of these Terms of Use, or if you are late in paying or do not pay any sums due
10.1. You may submit orders on this Site for Services provided but no contract will exist in relation to these Services until we (or one of our fulfilment partners) have confirmed to you by email the particulars of your order.
10.2. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these Terms of Use and to your statutory rights as a consumer.
11.1. These Terms of Use form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
11.2. If any provision of these Terms of Use are found to be unenforceable, this shall not affect the validity of any other provision. The Company may delay enforcing its rights under these conditions without losing them. You agree that the Company may sub-contract the performance of any of its obligations or may assign these Terms of Use or any of its rights or obligations without giving you notice.
11.3. If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to contact@genesisholisticmedicine.com
12.1. Articles on this site may be submitted by third parties and the Company is not able to confirm the accuracy or completeness of such content and is not liable for any such articles.