SERVICES TERMS AND CONDITIONS
Welcome to Healing Presents! Healing Presents S.A.S. (“Healing Presents”) provides relaxation and self-improvement services accessible from our website www.healingpresents.co (the “Site”) and our app for mobiles (“App”). To facilitate the reading of these Terms and Conditions (“Terms”), we will refer to the Site, the App and our services together as the “Services”. Please read them carefully.
ACCEPTANCE OF TERMS
The application offers meditation sessions and music for relaxation and meditation purposes.
SERVICE TERMS CHANGES
We may change the Terms at any time, at our sole discretion. If we do so, we will let you know by publishing the modified Terms on the Site, or through any other type of communication. It is important that you check the Terms when we change them. If you continue to use the Services after we have published the changed version of the Terms on the Site, we will understand that you accept the Terms and their changed version. If you do not accept the changed version of the Terms, you may not have access to the Services. Since the Services we offer are in constant evolution and modification, we can change or discontinue them at any time, without prior notice.
YOUR INFORMATION AND REGISTRATION
When you decide to use the Services, you must have an account (“Account”) through the App or the Site, or your account in a third-party social media service authorized by us, such as Facebook (each, a “SNS Account”). If you choose to use your SNS Account, we will create your Account by using some of your personal data from your SNS Account, such as your name and email address, and the personal information that your privacy settings on the SNS Account allow us to know. It is important that you provide us with accurate, true, complete and updated information about your Account, and that you agree to update it when necessary to keep it current. If you do not agree, we may suspend or delete your Account. You agree not to disclose your Account password to anyone, and must notify us immediately of any unauthorized use of your Account. You are responsible for all activities carried out through your Account.
USING THE SERVICES
Through the Services, users can choose a variety of options to create meditation sessions. You can also use the paid function of the Services to access other enhanced features. You understand and agree that the Services and any other information obtained from Healing Presents is not directed, designed or in any way aimed at diagnosing, preventing, or treating any type of condition or disease, issue medical intervention prognosis or health outcomes, qualify the state of your health, or substitute for professional medical treatment. Do not use the Services while driving, operating heavy machinery, or carrying out other activities that require active attention and concentration. You voluntarily use the Services, since the Services are intended to accompany your process. You may experience anxiety or stress at the time of use or with its use, in such cases it will be advisable to inform your doctor and suspend the use. In addition, if you have a personal history or suffer from any mental illness or disorder that may or may not be associated with anxiety, we recommend using the Services under the supervision and guidance of mental health staff. Under no circumstances the Services substitute for or are alternatives to medical treatment. You understand and accept that you are solely responsible for your use of the Services. The medical information provided by you, and the information you provide through interaction with the Services, may be used for statistical studies and scientific research that later may be used to promote the dissemination, learning, study and development of body mind therapies through knowledge generated by the Healing Presents APP, and in no event to diagnose or give an opinion of medical nature.
Healing Presents offers certain enhanced and / or complementary features of the Services, that you may purchase in addition to the Basic Services, through a monthly, quarterly or annual subscription (“Subscription”). A description of the features associated with the Subscriptions is available through the Services. When you purchase a Subscription (each one, a “Transaction”), we may ask you to provide additional information for your Transaction, such as credit card number, credit card validity date and your billing and delivery address (es) (such information, “Payment Information”). You declare and guarantee that you have all the corresponding powers to use all the payment methods associated with your Payment Information. The amounts to be paid for a Transaction through the Services will be presented to you before placing your order. If you choose to start a Transaction through the Services, you authorize us to provide your Payment Information to third party providers to complete your Transaction, and you accept: (a) to pay applicable taxes and costs; (b) that Healing Presents may charge payments to your credit card or accounts with third party payment processors, including, but not limited to, your account with the app store or distribution platform (such as Apple App Store, Google Play or Amazon App store) in which the App is available (each, “App Provider”), for the purpose of verification, pre-authorization and payment; and (c) to assume any additional charges that your App Provider, bank or other financial services provider may assign to you, as well as any taxes or fees that may apply to your order. You will receive a confirmation email once we verify your order payment. Your order will not be mandatory for Healing Presents until it is accepted and confirmed by Healing Presents.
All payments are non-refundable and non-transferable, except as expressly provided otherwise in these Terms. If you have comments or objections regarding charges, you agree to contact us first, and agree not to cancel or refuse any payment by credit cards or third party payment processors, unless you have made a reasonable attempt to solve the problem directly with Healing Presents. Healing Presents has the right not to process or cancel your order under certain circumstances. For example, if your credit card was declined, if we suspect that the requisition or order is fraudulent, or any other circumstances that Healing Presents deems appropriate, at its sole discretion. Healing Presents also has the right, to its sole discretion, to do whatever necessary to verify your identity in relation to your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Healing Presents may not charge or reimburse charges for orders that we do not process or cancel.
SUBSCRIPTIONS ARE AUTOMATICALLY RENEWED UNTIL THEIR CANCELLATION & HOW TO CANCEL YOUR SUBSCRIPTION
All amounts are payable and charged: (i) ** for monthly, quarterly or annual Subscriptions, at the beginning of the Subscription, and since each Subscription is automatically renewed for equal periods of time until the moment you cancel it, at the time of each renewal until you cancel it, ** using the Payment Information you provided, you must cancel your monthly, quarterly or annual Subscription before your renewal to avoid charges for the following Subscription period.
If you purchase a Subscription through the Site, ** you may cancel the renewal of your Subscription at any time ** by contacting us via firstname.lastname@example.org. If you purchase your Subscription through an App Provider, ** you may cancel the renewal of your Subscription at any time ** with the App Provider. You will not receive refunds of the amounts already paid for the current Subscription period, and you will continue to receive the requested Services until the end of your Subscription period.
CHANGES TO SUBSCRIPTION PRICE TERMS
Healing Presents has the right to change the terms of the prices for Subscriptions at any time and Healing Presents will notify you in advance of the effective date of such changes. Changes to price terms will not apply retroactively and will only apply to Subscription renewals after such changes in price terms have been informed to you. If you do not agree with the changes to the Healing Presents price terms, you may choose not to renew your Subscription pursuant to section “Subscriptions Renew Automatically Until Your Cancellation & How to Cancel Your Subscription”.
You agree that your purchases are not conditioned on the delivery of any future functionality or features, nor are they dependent on any public written or oral comments by Healing Presents regarding future functions or features.
We appreciate your comments and suggestions for improvements of the Services or Products (“Comments”). You can submit your Comments via email to email@example.com. You grant us a non-exclusive, worldwide, perpetual, irrevocable, free, royalty-free, sub-licenseable and transferable license under all types of intellectual property rights that you may have, to use, copy, modify, create derivative works based on the Comments, or use them in any other way for any purpose.
CONTENTS AND RIGHTS ON THE CONTENTS
For the purposes of these Terms, (i) “Contents” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or any other materials that are published, generated, provided or otherwise made available through the Services; and (ii) “User Content” means Content that users (including you) provide to make available through the Services. Content includes without limitation User Content. Healing Presents does not claim any ownership of User Content and nothing in these Terms will be construed to restrict any rights you may have to use and exploit your User Content. Subject to the foregoing, Healing Presents and its licensors exclusively own all rights, titles and interests in and about the Services and Contents, including all related intellectual property rights. You declare to know that the Services and Contents are protected by copyright, trademarks, and other laws in the respective countries. You agree not to remove, alter or obscure any notice of copyright, trademarks, service details or other notice
regarding property rights incorporated into or accompanying the Services and Contents.
RIGHTS ON THE DATA
By submitting your information (Name, Email, age, type of cancer, among others) with the Subscription and interaction with the Services, you grant Healing Presents the right to use them for the medical and research purposes.
RIGHTS ON CONTENTS GRANTED BY HEALING PRESENTS
Subject to your compliance with these Terms, Healing Presents grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and execute the contents only in relation to your permitted use of the Services and only for your personal and non-commercial use.
APPS RIGHTS AND TERMS
RIGHTS ON APPS GRANTED BY HEALING PRESENTS
Subject to your compliance with these Terms, Healing Presents grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer you own or under your control, to execute said copy of the App only for personal and non-commercial use. Healing Presents reserves all rights in and on the App that are not expressly granted to you through these Terms. You must not copy the App. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease or lend the App to any third party; (iiii) do reverse engineering, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.
ADDITIONAL TERMS FOR APPS FROM APP STORES
If you had access to or downloaded the App from the Apple Store, you agree to use the App only: (i) on an Apple product or device that uses iOS (Apple’s proprietary operating system); and (ii) as permitted by the “Rules of Use” determined in the Apple Store Terms of Service. If you had access to or downloaded the App from an App Provider, you know and agree that:
- These Terms are entered into by you and Healing Presents, and not an App Provider, and that, regarding the App Provider and Healing Presents, Healing Presents is only responsible for the
- The App Provider has no obligation whatsoever to provide maintenance and support services regarding the
- In case of failure of the App with respect to any applicable warranty, you may notify the App Provider and the App Provider will refund the purchase price for the App (if applicable) and, to the maximum extent possible under applicable law, the App Provider will have no other warranty obligation regarding the
- The App Provider is not responsible for any claims you make or any type of claims from a third party related to the App or your possession and use of the App, including, but not limited to: (i) claims for liability derived from the service;
(ii) any claim based on the lack of capacity of the App to comply with any legal or regulatory requirement; and (iii) claims originated under consumer protection legislation or similar.
- In the event of third party claims based on the fact that the use or possession of the App infringes the intellectual property rights of third parties, Healing Presents will be solely responsible for the investigation, defense, agreement and discharge of any claim for violation of intellectual property rights according to what is required by these
- The App provider and its subsidiaries are third-party beneficiaries of these Terms in relation to their license on the App, and, upon acceptance of the terms and conditions of these Terms, the Apps Provider will have the right (and will be construed as having accepted the right) to execute these Terms in relation to your license on the App as a third party
- You also must comply with all applicable third-party terms of service when using the
You agree not to do the following:
- Publish, upload, post or transmit any Content that: (i) infringes, or violates patents, copyrights, trademarks, trade secrets, moral rights or any other intellectual property rights or advertising, or privacy rights of third parties; (ii) violates, or encourages any conduct that may violate any applicable law or regulation or that may give rise to civil liability; (iii) is fraudulent, false or misleading; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, racism, hate, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes harmful activities or substances;
- Use, display, imitate or frame the Services or any individual element of the Services, the name of Healing Presents, any brand of Healing Presents, logo
or other information, or the design of any website or form contained in a website, without the express written consent of Healing Presents;
- Access, manipulate, or use non-public areas of the Service, Healing Presents computer systems, or the technical delivery systems of Healing Presents providers;
- Try to test, scan, or test the vulnerability of any Healing Presents system or network, or violate any security or authentication measure;
- Avoid, omit, eliminate, deactivate, deteriorate, decipher or otherwise evade any technological measure implemented by Healing Presents or any of the suppliers of Healing Presents, or any other third party (including another user) in order to protect the Services;
- Attempt to access or search the Services or download Collective Content of the Services through the use of any search engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and / or search agents provided by Healing Presents or other generally available third-party web browsers;
- Send any type of unsolicited or unauthorized advertising, promotional materials, email, spam, chain mail or other request form;
- Use any meta tag or other hidden text or metadata that uses a registered trademark of Healing Presents, the UR, the logo or the name of the product without the express written consent of Healing Presents;
- Use the Services for any commercial purpose or the benefit of a third party or in any way not permitted by these Terms;
- Falsify any TCP / IP packet header or any part of the header information in any email publication or newsgroup, or in any way use the Services to send altered, misleading or false source identification information;
- Attempt to decipher, decompile, disassemble or do reverse engineering on any of the programs used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, sending spam or bombing the Services;
- Collect or store any personally identifiable information of the Services from other users of the Services without their express permission;
- Falsify or misrepresent your affiliation to any person or entity;
- Violate any applicable law or regulation; or
- Encourage or allow any other person to perform any of the above
Even though we are not required to monitor access or use of the Services or Content, or to review or edit any Content, we have the right to do so in order to operate the Services, to ensure compliance with these Terms and to comply with the applicable law or other legal requirements. We reserve the right, but we are not obligated, to remove or disable access to any Content, at any time and without prior notice, including, among others, if we believe that any Content is objectionable or violates these Terms. We have the right to investigate violations of these Terms or behaviors that affect the Services. We can also consult and cooperate with competent authorities to prosecute users that violate the law.
LINKS TO THIRD PARTY WEB SITES OR RESOURCES
The Services and the App may contain links to third-party websites or resources. We provide these links only for your convenience and we are not responsible for the content, products or services available on those websites, the resources or the links that appear on those websites. You acknowledge your sole responsibility and assume all risks arising from your use of third-party websites or resources.
We may cancel your access and use of the Services, at our sole discretion, at any time and without prior notice. You can cancel your account at any time by sending an email to firstname.lastname@example.org. If you purchase a Subscription through an App Provider, you must also cancel your Subscription directly with the App Provider. Upon termination, interruption or cancellation of the Services or your Account, all provisions in these Terms which, by their nature must survive, will survive, including, among others, property provisions, warranty exemptions, liability limitations and conflict resolution provisions.
The Services and Content are provided “as they are”, without warranty of any kind. Without limiting the above, we explicitly deny any warranty of commercialization, fitness for a particular purpose, peaceful enjoyment or non-violation and any warranty arising from the course of operations or commercial use.
We do not guarantee that the Services will meet your requirements or are available uninterruptedly, securely or without errors. We do not offer any guarantee regarding the quality, precision, punctuality, truthfulness, integrity or reliability of any Content, nor a specific result derived from its use.
You will defend and keep Healing Presents and its officers, directors, employees and agents, harmless against any claims, conflicts, lawsuits, liability, damages, losses and costs and expenses, including, but not limited to, the reasonable legal and accounting fees of any kind related to (i) your access to or use of the Services or the Content in a way contrary to these Terms or (ii) your violation of these Terms.
Neither Healing Presents nor any other party involved in the creation, production or delivery of the Services or Contents will be liable for incidental, special, exemplary or consequential damages, including, but not limited to,
loss of benefits, loss of data, interruption of service, computer damage or system failure, or the cost of the Substitute Services or Products that arise from or are related to these Terms, or by the use or inability to use the Services or Content, whether or not Healing Presents has been informed of the possibility of such damage, even if it is discovered that a limited remedy established here would have failed in its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for indirect or incidental damages; therefore the above limitation may not apply to your particular case. In no case, the total responsibility of Healing Presents derived from or in relation to these Terms or for the use or inability to use the Services, or Contents will exceed the amounts you have paid to Healing Presents for the use of the Services or Contents, or Fifty US dollars (USD 50) if you have not had any payment obligation with Healing Presents, as applicable. The exclusion and the limitations of damages established above are fundamental elements of the negotiation between Healing Presents and you.
These Terms and any action related thereto shall be governed by the laws governing Healing Presents S.A.S.
These Terms constitute the complete and exclusive agreement between Healing Presents and you regarding the Services and Content, and these Terms supersede each and every one of the previous oral or written agreements between Healing Presents and you regarding the Services and Content. If any provision in these Terms is considered void or unenforceable, that provision shall apply to the maximum extent permitted, and all the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms without the prior written consent of Healing Presents. Any attempt by you to assign or transfer these Terms, without such consent, will be void and will have no effect. Healing Presents may freely assign or transfer these Terms without restrictions. Subject to the above, these Terms will be binding and will benefit the parties, their successors and permitted assigns. Any notice or other communications provided by Healing Presents under these Terms, including those related to modifications to these Terms, will be delivered: (i) by Healing Presents by email; or (ii) by publication in the Services. For notices sent via email, the date of receipt will be the date on which said notice is sent. The fact that Healing Presents does not enforce any right or provision in these Terms will not be construed a waiver of such right or provision. A waiver of any right or provision will be effective only if it is written and signed by a duly authorized representative of Healing Presents. Except as expressly stated in these Terms, the exercise by any of the parties of any of their remedies under these Terms will be performed without prejudice to their other remedies under these Terms or in any other way.
CANCELLATION OF SUBSCRIPTION
When you signed up through the Google Play or iTunes store, you may cancel your subscription by downgrading through the corresponding store. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain and become a free subscription. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time.
You can also contact us, at www.healingpresents.co
If you have any enquires about these Terms or the Services or Products, contact Healing Presents by writing to email@example.com