Terms & Conditions of Use
BY VISITING ELEMENTAL SOUL MEDICINE YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to Elemental Soul Medicine. The term the “Site” refers to www.elementalsoulmedicine.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Services include mentoring and blended forms of coaching, movement classes and workshops, sound healing classes and workshops, one on one sessions, free resources about health, well-being, lifestyle, meditation practices, mindset, blog posts with information and resources.
Use of elementalsoulmedicine, including all materials presented herein and all online services provided by Elemental Soul Medicine, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to business and enterprise and other information are subject to change. Elemental Soul Medicine makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Elemental Soul Medicine disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
You may use the Site and Service for lawful purposes only. 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 shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS AND CHARGEBACK
No refunds are available once Client signs the contract between the Client and Elemental Soul Medicine. In the event that Client terminates services prior to the completion of the Services, Client shall be responsible for the entire fee set forth herein. To the extent that Client provides Company with Credit-Card information for payment on Client’s account, Company shall be authorized to charge Client’s Credit-Card for any unpaid invoices. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith.
We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Elemental Soul Medicine. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Elemental Soul Medicine remains yours to the extent that you have any legal claims therein. You agree to hold Elemental Soul Medicine harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Elemental Soul Medicine, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service
Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ELEMENTAL SOUL MEDICINE IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ELEMENTAL SOUL MEDICINE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ELEMENTAL SOUL MEDICINE CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM ELEMENTAL SOULD MEDICINE, AND IF NO PURCHASE HAS BEEN MADE BY YOU ELEMENTAL SOUL MEDICINE CUMULATIVE
LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Elemental Soul Medicine. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Elemental Soul Medicine pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Elemental Soul Medicine shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Elemental Soul Medicine.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: firstname.lastname@example.org
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
By participating in/reading my coaching service/website/blog/email series, you acknowledge that I am not a licensed psychologist or medical professional and my services do not replace the care of psychologists or other medical professionals. Coaching/mentoring is in no way to be construed or substituted as psychological counseling or any other type of therapy or medical advice. I will at all times exercise my best professional efforts, skills and care. However, I cannot guarantee the outcome of coaching/mentoring efforts and/or recommendations on my website/blog/email series and my comments about the outcome are expressions of opinion only. I cannot make any guarantees other than to deliver the coaching services purchased as described.
By participating in a consulting session over the phone/ web, you acknowledge that I am unable to conduct the extensive analysis that I would in an in-person setting. Therefore, the advice I provide during our consulting sessions is not intended nor implied to be a substitute for in-person consulting. The information provided in the consulting session should not be considered a substitute for in-person evaluation by a medical doctor, therapist or nutritionist to address your needs.
USE OF OUR SITE
You agree not to use this site for any of the following purposes:
- to break any laws or regulations;
- to do anything fraudulent, or which has a fraudulent effect;
- to harm or attempt to harm minors;
- to do anything with material that does not meet our content standards (these are listed below);
- to copy in any way or re-sell any part of our site;
- to interfere with or damage any part of our site, equipment, network, software or storage arrangements;
- for unsolicited advertising material (known as spam);
- to transmit any data or material that is harmful to other programs, software, or hardware.
Our content standards apply to all material that you contribute either to our site or to any social media groups you may gain access to through the purchase of any of our Services or Digital Products and to all our interactive services.
Your contributions must be accurate (if they are factual), genuine (if they state opinions) and within the law.
Your contributions must not be defamatory, obscene or offensive, likely to deceive, harass, annoy, threaten, or invade someone else’s privacy. Your contributions must not promote material that is sexually explicit, promote violence or discrimination based on race, sex, religion, nationality, age, disability, or sexual orientation, infringe anyone else’s intellectual property, be used to impersonate anyone, or misrepresent anyone’s identity or encourage or assist anything that breaks the law.
Where we provide use of interactive services, we will tell you clearly about the service, we will tell you what form of moderation we use for the site, we will try to assess risks on the site (especially for children) and will moderate if we think it is appropriate.
We are not however required to moderate our interactive service and we will not be responsible for any loss or damage to anyone who does not use our site according to our standards (whether or not we have moderated the service).
NOTICE FOR PARENTS
Our services are not intended for the use of minors under the age of 18. However, if you allow a child to use any of our interactive services, this will be subject to parental consent. If you permit your child to use the service we advise you to explain the risks as moderation is not always effective. Please contact us if you have a concern about moderation.
SUSPENSION AND TERMINATION
If we believe you are in breach of our Acceptable Use Policy, we will take whatever steps we think are necessary to address this, including stopping your use of the site temporarily or permanently, removing material you have put on the site or any of our social media groups, sending you a formal warning, taking legal action and/or telling the relevant authorities.
We will not be held liable for any of your costs arising from any actions we take to deal with any breach of this policy.