Terms of service
BY USING ANY OF OUR PLATFORMS, PROGRAMS, COURSES, PRODUCTS, MATERIALS AND SERVICES (TOGETHER “THE SERVICES OR OFFERINGS”) YOU AGREE TO THE HADAS KNOX HOLISTIC WOMEN'S HEALER (“HKHWH”) TERMS AND CONDITIONS, POLICIES AND GUIDELINES THAT FORM PART OF THIS AGREEMENT (“THE AGREEMENT”). IF AT ANYTIME YOU DO NOT AGREE, PLEASE DO NOT CONTINUE TO USE THE SERVICES.
It is important that you read and understand this Agreement. By accessing, using or purchasing the Services and Offerings you are agreeing to be bound by the terms of the Agreement, and with all other HKHWH policies and guidelines that form part of the Agreement.
Using the Services and Offerings in any way other than what is expressly stated in the Agreement will amount to a material breach of the Agreement, in which case the Agreement may be terminated in accordance with the Termination provisions as outlined.
The Agreement does not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.
You agree to use the Services and Offerings in a safe and responsible manner, in accordance with the Agreement and all other HKHWH policies and notices that form part of the Agreement.
You agree that your use of the Services is at your own risk.
You agree to comply with all laws, rules and regulations applicable to your use of the Services, not to encourage or enable any other individual to infringe any laws rules or regulations.
You agree you may not use the Services for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other conduct that infringes the rights of HKHWH or others.
You agree not to engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
You agree you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the structure or presentation of the Services, to obtain or attempt to obtain any materials or information through any means not purposely made available on or through the Services.
You agree you must not interfere or disrupt the Services or servers or networks connected to the Services.
You agree you may not breach the security or authentication procedures of the Services, or any network connected to the Services, in an attempt to gain unauthorised access to any part of the Services by hacking, password “mining” or any other illegitimate means.
You agree you may not seek to trace any information of another User, including an HKHWH Account not owned by you, or exploit the Services in any way where the purpose is to reveal information.
You agree you may not manipulate identifiers in order to disguise the origin of any communication you send to or through HKHWH. You may not pretend that you are, or that you represent someone else, or impersonate any other individual or entity.
You may not defame, stalk, bully, abuse, harass, threaten and intimidate people, or restrict another user in any way from the use and enjoyment of the Services.
You may not use the Services, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to; incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any content or other information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or in a manner not permitted by the Agreement.
HKHWH is responsible for the support and maintenance of HKHWH Services only. HKHWH may at any time and without notice, modify, suspend or terminate the operation of, or access to the Services, or any part of, for any reason, to interrupt the operation of the Services, or any part of, as necessary to perform maintenance, error correction or other changes.
You agree you are responsible for your conduct and User Content, which includes but is not limited to, any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Services, or in any way connected with the Services.
You agree you may not use the Services to use, submit, post or display any content that (i) you do not have permission, right or license to use; (ii) is objectionable, offensive, unlawful, deceptive or harmful; (iii) is personal, private or confidential information belonging to others; (iv) requests or displays personal information from a minor; (v) impersonates or misrepresent your affiliation with another person, or entity; (vi) is transmit spam, including but not limited to unsolicited or unauthorised advertising, promotional materials, or informational announcements; (vii) plan or engage in any illegal, fraudulent, or manipulative activity.
GRANT OF LICENCES
BY HKHWH TO YOU
The Services are the property of HKHWH and its licensors, and are licensed, not sold to you under this Agreement.
Subject to the terms of this Agreement, HKHWH grants you a limited non-exclusive, non-transferable, non sub-licensable license to download and install a copy of the Services made available to you solely for your own personal, non-commercial purposes.
You agree you may not (i) copy, modify, or create derivative works based on the Services (ii) distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; (iii) modify, decompile, or disassemble the Services.
BY YOU TO HKHWH
By making any User Content available through or in connection with the Services, you grant to HKHWH a non-exclusive, perpetual, irrevocable, transferable, non sub-licensable, worldwide, royalty-free license to use, copy, cache, store, archive, reproduce, record, modify, publicly display, publicly perform, publish, republish promote, exhibit, distribute, transmit, broadcast, synchronise, edit, adapt, sublicense, create derivative works based upon your User Content in connection with operating and providing the Services and the advertising, marketing and promotion thereof.
HKHWH may enable access to third-party Services and Content (“External Services”) however to the extent you choose to use such External Services you agree HKHWH does not guarantee the accuracy, integrity or quality of third party External Services, and shall not be liable for any third party External Services.
You agree that HKHWH shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with third party External Services.
PURCHASES AND PAYMENTS
You agree to be financially responsible for all purchases and payments made by you or someone acting on your behalf. You agree to use our Services for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Not all HKHWH Services will have the same terms of purchase, options for payment or fees. You agree that it will be your responsibility to review the applicable terms and costs for the Services relevant to you.
By purchasing any of the Services, therefore, being a party to a Sale, you agree to the cost of sale (Service Price), as advertised by HKHWH at the time of the Sale.
Access to the Services will only be granted after payment for the Services has been made.
If you have selected an option for a Payment Plan, your initial payment and agreement to the plan will be deemed payment for the purpose of accessing the Services.
Options for Payment Plans and Payment Plan Extensions are discretionary. HKHWH reserves the right to grant or refuse Payment Plan options.
If an application for a Payment Plan Extension is declined, your final payment for the full Service Price will be due and payable upon the date agreed to in the Payment Plan.
HKHWH reserves the rights to recover the full Service Price.
HKHWH reserves the right to change the Service Price of any Services from time to time, without notice to Users, however AGWW may not change the Content Price of an agreed Sale.
POINT OF SALE
HKHWH may use a payment -processing merchant for purchases and payments, or payment platforms, where you may be directed. By purchasing the Services, you agree to comply with the HKHWH terms of Purchases and Payment as well as those provided by the payment- processing merchant or those of the payment platform.
All information obtained during your purchase or transaction for the Services and all of the information that you give as part of the transaction, such as your name, address, method of
payment, credit card number, and billing information, may be securely collected by both us and our payment processing merchant.
You agree to only purchase the Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
HKHWH reserves the right to change the preferred payment gateway, from time to time, without notice to any Customers. All transactions are processed in USD figures.
Your satisfaction with the Services & Offerings is important to us.
Refunds are discretionary. HKHWH reserves the right to grant or refuse refunds.
We do not offer refunds for change of mind. If you voluntarily decide to withdraw from the Services at any time or for any reason, you still will remain fully responsible for the full cost of the Services.
We do offer refunds or options to replace or re-schedule the Services (where applicable) in cases of Injury, illness, death, force majeure or in certain circumstances where HKHWH is at fault.
You acknowledge and agree the Services contain information and material that is owned by HKHWH, and is protected by all Intellectual Property and Copyright Laws recognised throughout the world, whether existing under statute, at Common Law or in equity, now or hereafter in force. No part of the Services may be used, reproduced or exploited in any form or by any means, except as expressly permitted by this Agreement.
You acknowledge and agree to respect the Intellectual Property Rights of others, including but not limited to HKHWH Users, Licensors, External Service Providers and third parties, by not using, reproducing or exploiting any Content or User Content that infringes their Intellectual Property Rights recognised throughout the world, whether existing under statute, at Common Law or in equity, now or hereafter in force.
This Agreement does not transfer any Intellectual Property Rights from HKHWH to you or any third parties. If you infringe the Intellectual Property Rights of HKHWH or any other third party, HKHWH has the right to deny access to or terminate your use of the Services.
You are granted no right or license with respect to the HKHWH trademarks, service marks, graphics, and logos used in connection with the Services.
HKHWH may terminate your access and/or future access to the Services, effective immediately, with no liability to you or any third party for the following reasons:
Where you are in breach of any of the Terms and Conditions of the Agreement or any related Policies or parts of the Agreement;
Where at any time you have committed any act of wilful or serious misconduct;
Where you have created a risk or possible exposure for HKHWH;
Where there are unexpected technical issues or problems;
At the request of a law enforcement or government authority; or
Upon a request by you.
In the event that this clause of the Agreement is applicable, the relevant terms of the Agreement will survive Termination.
WARRANTIES AND LIABILITY
HKHWH DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME HKHWH MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT HKHWH'S LEGITIMATE INTERESTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY AGWW) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES THAT CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.
IN NO CASE SHALL HKHWH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, AGWW’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
HKHWH SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE HKHWH FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
HKHWH DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE HKHWH FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.
HKHWH IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.
WAIVERS AND INDEMNITY
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD HKHWH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY HKHWH AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM HKHWH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF AGWW’S REASONABLE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
The Agreement between you HKHWH and shall be governed by the laws of New York, USA. You agree to submit to the exclusive jurisdiction of the courts of the State of New York, or other such competent courts, to resolve any dispute or claim arising from this Agreement.
INFORMATION WE COLLECT
We may collect information you provide to us directly and for the purpose of identifying you when you create an HKHWH Account, such as your name, mailing address, phone number, email address, contact preferences.
We may collect User Content that you submit, post or display on or via the Services, such as data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials.
We may collect details of how you use our services, including search queries, the types of content you view or engage with or the frequency and duration of your activities, which may be used to improve the results provided by our services or help our developers improve our Services.
If we combine non-personal information and personal information we have collected, the combined information will be treated as personal information for as long as it remains combined.
Mobile Device Information
When you use a mobile device to access HKHWH Services, we may access, monitor, collect, store on your device, or remotely store, small data files which identify your device. These files may deliver information to us or to a third party partner about how you use the Service and may help us provide personalised content and ads or reports. You can elect to disable these identifiers on your device, though some features of the Service may not function properly.
As HKHWH is all about interacting, sharing and communicating with friends, we may ask to collect information from your device’s camera roll or address book, however we will only be able to access this information with your consent.
We may collect metadata, which is technical data that can describe the details of how User Content was collected and how that content is formatted. Metadata such as hash-tags to mark keywords or geo-tags which mark your location, and enables User Content more interactive and easier to search.
HOW WE USE INFORMATION
The personal information we collect allows us to keep you posted on announcements, or software updates. If you do not wish to receive these notifications, you can choose not to.
We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.
We may use your personal information, to verify identity, assist with identification of users or for internal purposes such as auditing, data analysis and research to improve HKHWH'S products and services. HKHWH may use your personal information to communicate important changes regarding our terms, conditions, and policies.
We may collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose this kind of non-personal information for any purpose.
Cookies and other Technology
HKHWH'S websites, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies tell us where our Users have visited, which helps us to measure the effectiveness of advertisements and web searches, and to better understand user behaviour.
We treat information collected by cookies and other technologies as non-personal information. However, pursuant to relevant jurisdictions, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information, we will treat this as personal information.
Using this type of technology, gathers some information automatically and stores in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data. We use this information to analyse trends, to administer the App, and to generally improve our Services. HKHWH may use this information for marketing and advertising.
We may use a “click-through URL” linked to content on the HKHWH website in our communication with you. When you click on URLs they pass through a separate web server before arriving at the destination page on our website. This data is tracked to assist us to determine interest and measure the effectiveness of our communication with you. Pixel tags enable us to send email messages in a format you can read, and tell us if an email has been opened.
If you want to disable cookies on your mobile device, check with your provider to find out how to disable cookies. Please note that certain features of the HKHWH app will not be available once cookies are disabled.
If you do not wish to receive ads targeted to your interests from HKHWH's advertising platform, you can also chose to disable this feature.
Disclosure to External Service Providers and Third Parties
HKHWH may make certain personal information available to third party External Service Providers that provide Content or assist HKHWH with our Services. For example, when you purchase the App, you authorise HKHWH and your mobile device carrier to exchange the information you provide during the activation process.
Personal information will only be shared by HKHWH to provide or improve our Services it will not be shared with third parties for their marketing purposes.
HKHWH may also share personal information with third party External Service Providers who provide services such as information processing, extending credit, fulfilling customer orders, delivering products, managing and enhancing customer data, providing customer service, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These providers are obligated to protect your information.
HKHWH may disclose your personal information where it is required by law or at the request of a law enforcement authority or an authorised government body, within or outside your country of residence.
We may disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or Users.
Additionally, in the event of a merge, or sale we may transfer any and all personal information we collect to the relevant third party.
THIRD PARTY SITES AND SERVICES
HKHWH takes extra precautions are taken when it comes to the protection for the privacy of minors. HKHWH may collect, store or digitally transfer information (including images) about a minor as part of providing the Services. HKHWH does not collect, store or digitally transfer
information about a minor, without the express written the consent of a parent or guardian (the “Parent”).
HKHWH does not display, disclose or permit the disclosure or display of information about minors without the express written the consent of the Parent.
HKHWH may disclose personal information about a Parent or a Minor if we are required to by law, or where disclosure is necessary or appropriate or to enforce our Terms and Conditions or protect our operations or Users.
HKHWH takes precautionary measures to ensure information we collect, store, display or disclose is protected and secure to the best of our ability. However, HKHWH accepts no responsibility, and will not be held liable in the event that any information or images of minors is lost, stolen or illegally obtained on or through the Services, or for the use of information by third party External Services. Before purchasing or downloading any third party External Services, you should review the terms, policies, and practices to discern what data they collect and how such data may be used.
The information, content and materials (including publication), provided on or through the Services is intended only to provide a summary and general overview on matters of interest. You acknowledge and agree that the information provided through the Services is not intended to be a substitute for, or to be relied on as professional advice. It is not intended to be comprehensive nor does it constitute legal, medical or financial advice. HKHWH attempts to ensure that the information, content and materials (including publication), provided on or through the Services is current, but we do not guarantee its accuracy. You should seek professional advice before acting or relying on any of the information, content and materials (including publication) provided on or through the Services.
You acknowledge and agree that HKHWH have not, and do not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of the Services. HKHWH cannot and does not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of the Services and you accept and understand that results differ for each individual. HKHWH does not take responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the Services. You agree that we are not responsible for the success or failure of your health decisions, the increase or decrease of your health level, or any other result of any kind that you may have as a result of information provided or obtained through the Services.
You acknowledge and agree that HKHWH have not, and do not make any representations to be relied on or to replace professional medical advice, diagnosis or treatment that can be provided by a physician, nurse practitioner, mental health practitioner, or any other licensed or registered health care professional.