Deep Holistics Terms of Use
This Terms of Use was last modified on 03 January 2024
Welcome to Deep Holistics
Please read all the following Terms of Use / Terms and Conditions carefully as it sets out the terms of a legally binding agreement between you and DEEP HOLISTICS GLOBAL PTE. LTD. (“Deep Holistics” or “Company” “We”, “Our”, or “Us”), which has its own separate identity.
1. Introduction
These Terms of Use / Terms and Conditions (“Terms”) govern your access to and your use of our services, including our websites, SMS, Application Programming Interface (API), email notifications, applications, buttons, widgets, ads, mobile applications, features, technologies and software and our other related and covered services as well. Brands under Deep Holistics include but not limited to Deep Holistics, Human Token, and any other brand launched. The content offered through Deep Holistics Site/App/Platform and/or the Deep Holistics Applications is available on Android as well as iOS and Deep Holistics’ Social Media presence (including but not limited to Twitter, Facebook, Instagram, etc.) or any mobile or internet connected device or website or otherwise and any products and/or services offered by the Company (collectively, the “Deep Holistics Site/App/Platform” and/or “Service”). Brands under Deep Holistics include but are not limited to, Deep Holistics and any other brand launched.
“User” or “You” means any person who accesses or avails this Service of the Company for the purpose of transacting, interacting, considering, or uploading information or views and includes other persons jointly participating in using the Site/App/Platform or Service of the Company.
Deep Holistics and You shall be individually referred as ‘Party’ and collectively as ‘Parties’
Collectively, we refer to the Terms and Conditions, and/or Terms of Use along with any details you have provided by way of any Content, information, application form and related applicable process as the “Agreement”, which is a binding contract between You and Company regarding your use of Deep Holistics Site/App/Platform.
Agreement Acceptance: By accessing the Deep Holistics Site/App/Platform or using the Service, you agree to be bound by these Terms. Therefore, these Terms are to be read carefully before continuing to use the Service. If you do not agree with any of these Terms, please do not use the Site/App/Platform or Service. By accepting this Agreement, you confirm that you are at least 18 years old and that you are able to form a legally binding contract. If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that company or legal entity by the terms of this Agreement.
You also acknowledge and agree that we can modify this Agreement at any time, in our sole discretion; that all modifications to this Agreement will be effective immediately upon our posting of the modifications on this Deep Holistics Site/App/Platform; and that you will review this Agreement each time you access this Deep Holistics Site/App/Platform, so that you are aware of and agree to any and all modifications made to this Agreement. Your use of the Deep Holistics Site/App/Platform after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.
Supplemental terms can apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services and shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Your Relationship with Deep Holistics: By using our Deep Holistics Site/App/Platform, you are agreeing to our Terms. The Terms of Service are a legally binding agreement between you and Deep Holistics. If you break the Terms, we may suspend or terminate your relationship with us. Deep Holistics Site/App/Platform charge for certain aspects of the Deep Holistics Site/App/Platform, and some of these fees are billed on a one-time, regular and recurring basis (unless you disable auto-renewal or cancel your subscription).
2. Disclaimer
This Deep Holistics Site/App/Platform is provided on an “as is” and “where-is” basis, without any warranty. Deep Holistics, for itself and any third- party providing materials, services, or content to this Site/App/Platform, makes no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, with respect to the Deep Holistics Site/App/Platform, the information or any products or services to which the information refers. Deep Holistics or its affiliates including the directors, officers, employees or agents will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the Deep Holistics Site/App/Platform, including but not limited to, your use of this Site/App/Platform or your inability to use the Site/App/Platform, even if Deep Holistics has previously been advised of the possibility of such damages.
You expressly agrees that you shall not, during the course of this Agreement, nor at any time thereafter, unless authorized in writing by the Company, make or publish any statement or make any writings or remark or comment or other expressions, either orally or in writing or in any manner or in any medium whatsoever, which is intended to or would, or could be construed to, or which reasonably may be expected to injure, discredit, prejudice, criticize, embarrass, disparage, besmirch, demean, deprecate, impugn, defame or otherwise (a) the Company; or (b) the shareholders, officers or directors of the Company; or (c) Company's affiliates, employees, agents, operations, or plans; likewise and/or Company's business, reputation, method of doing business, relationships with its customers or suppliers or any other related party or their respective products or services or relations with creditors, regardless of whether such action by You would constitute a cause of action for the above. Nor shall You assist any other person, firm or company in so doing. You further agree that you will not commit damage to the property of the Company and its affiliates, or otherwise engage in any misconduct, which is injurious to the business or reputation of the Company and its affiliates.
Deep Holistics has no obligation to monitor the Deep Holistics Site/App/Platform and Services. Deep Holistics reserves the right to terminate or suspend the Your access to any or all of the Deep Holistics Site/App/Platform Services at any time without notice for any reason whatsoever. Deep Holistics reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Deep Holistics sole discretion. Deep Holistics does not control or endorse the content, messages or information found in any Deep Holistics Site/App/Platform and / or Service and, therefore, Deep Holistics specifically disclaims any liability or responsibility whatsoever with regard to the Deep Holistics Site/App/Platform and/or Services and any actions resulting from Your participation in any Deep Holistics Site/App/Platform Service. Materials uploaded to the Deep Holistics Site/App/Platform shall be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for keeping yourself updated of and adhering to such limitations if they download the materials.
The Deep Holistics Site/App/Platform and Services acts as a facilitator for the purchase and use of health-related products and services. We are not responsible for the quality, safety, or effectiveness of any products or services purchased through the Deep Holistics Site/App/Platform and Services. All purchases made through Deep Holistics Site/App/Platform and Services are subject to the terms and conditions of the third-party vendors and service providers. You agree to review and abide by these terms and conditions before making any purchases. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product descriptions, or suspected fraudulent activity.
The information provided on Deep Holistics Site/App/Platform and Services is for general informational purposes only and should not be considered medical advice. You should always consult with a qualified healthcare professional regarding any medical concerns or conditions. We do not endorse or guarantee the accuracy, completeness, or usefulness of any information provided on Deep Holistics Site/App/Platform and Services. You use the information provided from Deep Holistics Site/App/Platform and Services at your own risk.
Users are responsible for ensuring the accuracy and completeness of their personal and health information provided on the Deep Holistics Site/App/Platform and Services. They should also consult with healthcare professionals before making any health-related decisions based on information obtained from the Deep Holistics Site/App/Platform and Services. The Deep Holistics Site/App/Platform and Services does not provide medical diagnosis or treatment directly. Users are responsible for providing accurate and up-to-date information about their health conditions when seeking advice or services through the Deep Holistics Site/App/Platform and Services. They should also consult with their healthcare providers before making any medical decisions based on information obtained from the Deep Holistics Site/App/Platform and Services. The information provided on the Deep Holistics Site/App/Platform and Services is for informational purposes only and should not be considered a substitute for professional medical advice, diagnosis, or treatment. Users should always seek the advice of qualified healthcare professionals regarding their medical conditions. The Deep Holistics Site/App/Platform and Services collects and processes sensitive medical and health-related data for the purpose of providing personalized services to users. Users consent to the collection, storage, and processing of their medical and health-related data by the website for the purpose of providing services and improving user experience. The Deep Holistics Site/App/Platform and Services will handle data following applicable privacy laws and its privacy policy. The Deep Holistics Site/App/Platform and Services employs security measures to protect the confidentiality and integrity of user data. However, the Deep Holistics Site/App/Platform and Services cannot guarantee the security of data transmitted over the internet and through Deep Holistics Site/App/Platform and Services and users acknowledge the inherent risks.
Users understand and acknowledge that any interactions with healthcare providers through the Deep Holistics Site/App/Platform and Services do not create a doctor-patient relationship. The Deep Holistics Site/App/Platform and Services is not liable for the actions or omissions of healthcare providers. The website provides a platform for users to access wellness-related information and advice from qualified professionals. The the Deep Holistics Site/App/Platform and Services does not provide medical diagnosis or treatment directly but acts as a facilitator connecting users with healthcare providers and wellness professionals.
3. License
Subject to your compliance with this Agreement’s terms, the Company grants you a non-exclusive, non-transferable license to use the Deep Holistics Site/App/Platform. By providing Content (defined below) to the Deep Holistics Site/App/Platform, you grant to Deep Holistics a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it), now known or later developed. Deep Holistics Site/App/Platform may only use that Content in connection with the Service and Deep Holistics Site/App/Platform’s (and its successors and Affiliates) business, including for the purpose of promoting and redistributing part or all of the Service. However, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
4. Registration Access and Use
All information received by us from your registration on our Deep Holistics Site/App/Platform will be used by Deep Holistics in accordance with our Terms of Use. We expect you to provide accurate and complete information of the compulsory fields. We also expect you to keep the information secure, specifically access passwords and payment information. Kindly update the information periodically to keep your account relevant. We will rely on any information which you provide to us. Therefore, you are responsible for the use of Service made by You or anyone else using your ID and for preventing unauthorized use of your ID. It is your responsibility that the user of the Deep Holistics Site/App/Platform at all times uses the username and password appropriately. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID or any payment information, you must notify Deep Holistics immediately by contact details below.
You may use the Services only if you agree to form a binding contract with Deep Holistics and are not a person barred from receiving services under the laws of the applicable jurisdiction. If You are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that You are authorized to do so. If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
5. Account Setup and Maintenance
You must ensure that all information you provide in connection with establishing your Deep Holistics Site/App/Platform account is accurate when you provide it, and you must keep it up to date as long as you use the Deep Holistics Site/App/Platform. You may maintain only one account at a time unless you are using multiple accounts solely for the purpose of delivery of the content for which you hold legal rights. You will not use false identities or impersonate any other person or use a username or password you are not authorized to use. You authorize us, directly or through third parties, to make any inquiries as appropriate to verify the account information you provide. You also consent to us sending you emails relating to the Deep Holistics Site/App/Platform and other publishing opportunities from time to time. You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether or not you have authorized the activities. You may not permit any third party to use the Deep Holistics Site/App/Platform through your account and will not use the account of any third party. You agree to immediately notify Deep Holistics of any unauthorized use of your username, password or account. Deep Holistics shall not be responsible for any, direct or indirect, loss or damage arising out of the User’s failure to comply with this and You shall indemnify Deep Holistics against any liability arising out of your inability to keep your ID and passwords secure.
6. Usage
All content of this Deep Holistics Site/App/Platform is owned or controlled by Company and is protected by worldwide copyright laws. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way.
The owners of this Deep Holistics Site/App/Platform will use reasonable efforts to include up-to-date and accurate information in this Deep Holistics Site/App/Platform, but make no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. The owners of this Deep Holistics Site/App/Platform shall not be liable for any damages or injury resulting from your access to, or inability to access, this Deep Holistics Site/App/Platform, or from your reliance on any information provided at this Deep Holistics Site/App/Platform.
The content available via the web page/web property is provided with the understanding that neither the Company nor its suppliers or users are engaged in rendering medical, counseling, legal, or other professional services or advice. Such content is intended solely as a general use. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment.
This Deep Holistics Site/App/Platform may provide links or references to other sites but the owners of this site have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this Deep Holistics Site/App/Platform. We encourage you to read the terms of every website you visit.
The trademarks, service marks, trade names, trade dress and products in this Deep Holistics Site/App/Platform are protected in India and internationally. No use of any of these may be made without the prior, written authorization of the owners of this Deep Holistics Site/App/Platform, except to identify the products or services of the Company.
Any personally identifiable information in electronic communications to this Deep Holistics Site/App/Platform is governed by the Terms. The owners of this site shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.
The sender of any communications to this Deep Holistics Site/App/Platform or otherwise to the owners of this Deep Holistics Site/App/Platform shall be responsible for the content and information contained therein, including its truthfulness and accuracy. The Company may at any time modify, discontinue, or suspend its operation of this Deep Holistics Site/App/Platform property, or any part thereof, temporarily or permanently, without notice to you. The Company’s failure to insist upon strict enforcement of any right shall not be construed as a waiver of the same.
You are responsible for your use of the Service and for any information, time entry, location, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”) you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Services or obtained by You through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you can be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We might not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
7. Prohibited Conduct
As a condition precedent of the use of the Deep Holistics Site/App/Platform, the User warrants that they will not use the Deep Holistics Site/App/Platform for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement including both specific and implied.
8. Using the services
You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. Our Services evolve constantly. As such, the Services can change from time to time, at our discretion. We can stop (permanently or temporarily) providing the Services or any features within the Services to ‘You’ or to Users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.
We may modify, suspend, or terminate your account or access to the Deep Holistics Site/App/Platform if, in our sole discretion, including any of the policies or guidelines that are part of this Terms, that it is in the best interest of the Deep Holistics Site/App/Platform community, or to protect our brand or Deep Holistics Site/App/Platform. When this happens, we will notify you for the modification, suspension, or termination. We also may remove accounts of members who are inactive for an extended period of time. Please contact us if you believe the modification, suspension, or termination has occurred in error. A member who has the ability to moderate or manage a particular portion of our Deep Holistics Site/App/Platform also has the ability, in his or her sole discretion, to modify, suspend, or terminate your access to that portion of the Deep Holistics Site/App/Platform.
In consideration for Deep Holistics granting you access to and use of the Services, you agree that Deep Holistics and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Deep Holistics’ computer systems, or the technical delivery systems of Deep Holistics’ providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Deep Holistics (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement. (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request to:
- Enforce the Terms, including investigation of potential violations hereof,
- Detect, prevent, or otherwise address fraud, security or technical issues,
- Respond to user support requests, or
- Protect the rights, property or safety of Deep Holistics and its users and the public.
- The hardware’s installed by Deep Holistics, Deep Holistics is not responsible if the hardware’s falls or breaks on any one (causes any form of damage) user have to ensure that they take care and ensure safety, where the hardware’s has been installed, including any electrical wire /connections or arrangements made to run the hardware’s.
Deep Holistics Site/App/Platform contains proprietary and confidential information and is protected by intellectual property and other laws. You agree that you will not, either directly or indirectly (a) use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or create derivative works of the Deep Holistics Site/App/Platform, or any portion of the Deep Holistics Site/App/Platform; (b) remove or alter the proprietary notices on the Deep Holistics Site/App/Platform; (c) reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the Deep Holistics Site/App/Platform; and (d) rent, lease, resell, distribute, or use the Deep Holistics Site/App/Platform for commercial purposes that are not contemplated by this Agreement. You also agree that you will not use the Deep Holistics Site/App/Platform to solicit or collect (i) personal data from others except as necessary for the administration of or participation in a group or event or (ii) sensitive personal data, as defined or treated as such under applicable law (including, by way of example only, health information and social security numbers and other government identifiers).
As a condition precedent of the use of the Deep Holistics Site/App/Platform, You warrants that they will not use the Deep Holistics Site/App/Platform for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement including both specific and implied. This includes:
- Redistribute or sell any part of Deep Holistics Site/App/Platform or create a new product or service based on Deep Holistics Site/App/Platform;
- Copy the content;
- Mass download or create bulk feeds of the Content (or let anyone else do so);
- Use Deep Holistics Site/App/Platform to create or augment any other mapping- related dataset (including a mapping or navigation dataset, business listings database, mailing list, social media, or telemarketing list) for use in a service that is a substitute for, or a substantially similar service to, Deep Holistics Site/App/Platform(s);
- Reverse engineer or attempt to extract the source code from Deep Holistics Site/App/Platform(s) or any related software, except to the extent that this restriction is expressly prohibited by applicable law;
- Remove, obscure, or alter any terms of service or any links to or notices of those terms, or any copyright, trademark, or other proprietary rights notices; or
- Do anything inappropriate, illegal, or in violation of others’ rights (including their privacy, publicity, and intellectual property rights).
In addition, the Deep Holistics Site/App/Platform shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Deep Holistics Site/App/Platform. You shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Deep Holistics Site/App/Platform.
9. Use of services
Although it has taken what it believes to be commercially reasonable efforts to design Deep Holistics Site/App/Platform features, to the extent permitted by law, Deep Holistics makes no warranties, express or implied, about the operation, performance, availability or results of the Deep Holistics Site/App/Platform Service, including (without limitation) that the features will successfully provide any Service. Company is not liable for the actions or inactions of any User or any other third party.
Deep Holistics Site/App/Platform can contain links to websites and services that are owned or operated by third-parties. Any information that you provide to a third party or that is collected by a third party is provided directly to the owner or operator of the third party service and is subject to the owner’s or operators privacy policy. We are not responsible for the content, privacy or security practices and polices of any third party. To protect your information we recommend you carefully review the privacy policies of all third parties you access.
Fees Charged by Deep Holistics Site/App/Platform. Use of some of the features on our Deep Holistics Site/App/Platform is free, and we charge fees for other features. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of Deep Holistics Site/App/Platform. If we implement a new or modified fee, we will give you notice in advance such as by posting changes on Deep Holistics Site/App/Platform. You agree to pay those fees and any associated taxes for your continued use of the applicable service.
Confidential Information: “Confidential Information” is all information (I) identified in written or oral format by Deep Holistics to you and includes trade secrets, computer software, circuit designs, schematics, data and know-how, copyrightable materials, inventions, marketing plans, strategies, business, financial and product development plans and similar matters. Confidential Information shall include all non-public information furnished, disclosed, or transmitted, regardless of form. You recognizes the importance of such Confidential Information and acknowledges that the Confidential Information belongs to Deep Holistics, and has been disclosed to You/User by the Deep Holistics, under and by virtue of a binding confidentiality obligation of You/User.
Non-disclosure obligations: You/Users agree to receive and hold the Confidential Information in confidence. Without limiting the generality of the foregoing, the You/User further promises and agrees:
- To protect and safeguard the Confidential Information against unauthorized use, publication or disclosure;
- Not to use any of the Confidential Information except for personal purpose and approved
- Not to, directly or indirectly, in any way, reveal, report, publish, disclose, transfer or otherwise use any of the Confidential Information except as specifically authorized by the Deep Holistics
- Not to use any Confidential Information to unfairly compete or obtain unfair advantage vis-a-vis Deep Holistics in any commercial activity which may be comparable to the commercial activity contemplated by the Agreement.
- To restrict access to the Confidential Information to those of its officers, directors, and employees who clearly need such access.
- To advise each of the persons to whom it provides access to any of the Confidential Information, that such persons are strictly prohibited from making any use, publishing or otherwise disclosing to others, or permitting others to use for their benefit or to the detriment of the Deep Holistics, any of the Confidential Information, and, upon Request of the Deep Holistics, to provide the Deep Holistics with a copy of a written agreement to that effect signed by You/User.
- To comply with any other reasonable security measures requested in writing by the Deep Holistics.
- To refrain from directly contacting or communicating by whatsoever means to the Source(s) of Information without written consent of the Deep Holistics. To undertake not to disclose any names and their particulars to third parties without the written consent by the Deep Holistics.
Notice of unauthorized use or disclosure: You/User shall notify the Deep Holistics immediately and in no event later than, 7 days upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement by You/User or any third party, and will cooperate with Deep Holistics in every reasonable way to help Deep Holistics regain possession of the Confidential Information and prevent its further unauthorized use or disclosure.
Return of confidential information: Any materials or documents that have been furnished by the Deep Holistics to You/User in connection with the Agreement will be promptly returned by the You/User, accompanied by all copies of such documentation and any derivative works thereof at the Deep Holistics’s option, upon expiration of this Agreement or termination or upon the Deep Holistics’s written request. In case of destruction, the You/User shall certify the fact of such destruction in writing to the Deep Holistics, if so requested by the Deep Holistics. You/Users shall not make any copies of Confidential Information unless the same are previously approved in writing by the Deep Holistics.
No license or other rights: You/User recognize and agree that nothing contained in this Agreement shall be construed as granting any property rights, by license or otherwise, to any Confidential Information of Deep Holistics disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right that has issued or that may issue, based on such Confidential Information except the limited right to use such Confidential Information in accordance with the Services under this Agreement. You/Users shall not make, have made, use, or sell for any purpose any product or other item using, incorporating, or deriving from any Confidential Information of Deep Holistics.
Availability: Deep Holistics controls and operates the Deep Holistics Site/App/Platform from India and makes no representation that the materials are appropriate or will be available for use in other locations. If you use this Deep Holistics Site/App/Platform from outside India, you are entirely responsible for compliance with all applicable local laws.
Deep Holistics does not make any warranty or representation that a user in one region may obtain the Services from the Deep Holistics Site/App/Platform in another region and Deep Holistics may cancel a You/User’s order or redirect a You/User to the site for that You/User’s region if a You/User attempts to order Services offered on a site in another region.
Information that Deep Holistics publishes on the World Wide Web may contain references or cross references to Deep Holistics products, programs and services that are not announced or available in your country. Such references do not imply that Deep Holistics intends to announce such products, programs or services in your country. Consult your local Deep Holistics business contact for information regarding the products, programs and services that may be available to you.
10. Geographic Coverage
The Service is designed for Users residing in India and may not be extended to other parts of the world especially the remote areas where there is no mobile network, location and internet services available.
11. Representation and Warranties
You hereby represent and warrant that (i) you have the sole, full and unencumbered right to grant to Deep Holistics Site/App/Platform and its affiliates, and have obtained all necessary clearances and releases to grant to Deep Holistics Site/App/Platform and its affiliates, all of the rights set forth herein (excluding public performance rights for the communication to the public of the Content provided by you (ii) any information and documentation, you provide to us will be current, complete, and accurate (iii) the Content and materials provided by You will not contain any subject matter or materials that are defamatory, libelous, obscene, or otherwise illegal under the applicable laws and (iv) none of the following: will violate any law; require us to obtain any license, authorization, or other permission from any governmental agency or other third party; contain any defamatory material; or violate or infringe any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights)
12. User’s Rights
These Terms authorizes Us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Deep Holistics Site/App/Platform to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast distribution, promotion or publication of such Content on other media and services, subject to these terms and conditions for such Content use. Such additional uses by Deep Holistics Site/App/Platform, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
You understand that we can modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
13. Payment to You
For clarity, Deep Holistics Site/App/Platform will not be obligated to pay you any License Fees and any fees at all.
14. Other Fees
Deep Holistics reserves the right to charge fees for every decision, certain listings and Services, as well as transaction fees based on certain completed transactions using the Deep Holistics Site/App/Platform and/or Service. Deep Holistics further reserves the right to alter any and all fees from time to time and without notice. The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Deep Holistics Site/App/Platform and/or Service.
15. Payment
- You can pay applicable fees on the Deep Holistics Site/App/Platform and for products and/or Services by using a Debit/Credit Card, Online Payment Method or through your Internet Banking.
- You submit and agree that the Payment details and Debit/Credit Card or Bank Account details, provided by you to the Payment Gateway for payment transaction processing will be correct and you shall not use Payment Details, which is not lawfully owned by You.
- You agree that when you initiate a payment transaction and/or issue an online payment Instruction and provide your Payment details, You warrant that you are fully and lawfully entitled to use the said Debit/Credit Card or Bank Account for such payment.
- You are authorizing the debit to the nominated Debit/Credit Card or Bank account for the settlement of bills selected by you along with the applicable fees.
- You are responsible to ensure that sufficient credit is available on your presented Debit/Credit Card or Bank Account at the time of making the payment to permit the payment of the bill/s selected by you inclusive of the applicable fees and/or charges and/or taxes.
16. Refunds and Charge backs
If Deep Holistics receives a request from a User for refund or cancellation of payment in relation to any transaction, Deep Holistics will process the request and determine whether such refund or cancellation must be processed. If the said request must be processed, Deep Holistics will notify User of the same.
Whenever a refund is agreed to be made by Deep Holistics to a User, the Deep Holistics will issue a credit slip to User within 90 days after the refund has been agreed to be made by Deep Holistics to the User.
Main condition for a refund to be processed by Deep Holistics: if the user is found ineligible for the program during our screening process. Your refund will be issued within 4-7 business days.
If the customer is delivered a kit with manufacturing issues or broken devices, then the kit will be replaced without any additional charges.
17. Shipping Policy
Products will be shipped out 1-2 days after payment is received from the User. The product should take 4-7 business days to reach the User based on their location in India. Tracking will be shared once product is shipped out.
As of now, we do not ship our products outside India.
18. Relationships
None of the provisions of this Terms, notices or the right to use the Deep Holistics Site/App/Platform by the User contained herein or any other section or pages of the Deep Holistics Site/App/Platform and/or the linked Sites, shall be deemed to constitute a partnership between the User and Deep Holistics and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
19. Secure Transactions
Deep Holistics has implemented and will maintain security systems for the transmission of Users’ Transactions. Deep Holistics does not guarantee the security of the Services or Transaction data, and Deep Holistics will not be responsible in the event of any infiltration of its security systems, provided that Deep Holistics has used commercially reasonable efforts to prevent any such infiltration. User further acknowledges and agrees that User, and not Deep Holistics, is responsible for the security of Transaction data or information or any other information stored on User’s servers, and that Deep Holistics is not responsible for any other party’s servers (other than subcontractors of Deep Holistics solely to the extent Deep Holistics is liable for its own actions hereunder).
20. User’s Obligations and User Account
To avail a Service the User has and must continue to maintain at his/her sole cost:
- All the necessary equipment including a phone, computer, internet data package, adequate battery, and modem etc. to access the Deep Holistics Site/App/Platform and available services.
- Own access to the World Wide Web. The User shall be responsible for accessing the Deep Holistics Site/App/Platform and Services as well as that access may involve third party fees including, airtime charges or internet Service Provider’s charges which are to be exclusively borne by the User.
- The User also understands that the services may include certain Site/Apps from Deep Holistics as service announcements and administrative messages. Upon completion of the registration process, the User shall receive a User Id and Password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the User Id and Password, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s User Id and Password for any purpose whatsoever without proper authorization from such party.. The Password entered by you is transmitted in one-way encrypted form to our database and stored as such. Thus, the Password will not be known even to Deep Holistics. You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions you make using the Deep Holistics Services. Deep Holistics will not be responsible for any financial loss or inconvenience resulting from misuse of your User Id/Password/credit card number as well as Financial Details for using Deep Holistics Services. We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password or accessing your account without your permission, please contact us.
Without prejudice to the other remedies available to Deep Holistics under this agreement, or under applicable law, Deep Holistics can limit your activity, or end the your listing, warn other users of the your actions, immediately temporarily/indefinitely suspend or terminate your registration, and/or refuse to provide you with access to the Deep Holistics Site/App/Platform and/or Service if:
• You are in breach or suspected breach of this Terms agreement or the documents it incorporates by reference;
• Deep Holistics believes that the your actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for you, other users of the Deep Holistics Site/App/Platform and/or Deep Holistics can at any time in its sole discretion reinstate suspended user.
Once you has been indefinitely suspended, you shall not register or attempt to register with Deep Holistics or use the Deep Holistics Site/App/Platform and/or Service in any manner whatsoever until such time that you are reinstated by Deep Holistics. Notwithstanding the foregoing, if you breaches this Terms agreement or the documents it incorporates by reference, Deep Holistics reserves the right to recover any amounts due and owed by the you to Deep Holistics and/or the Service Provider and to take strict legal action as Deep Holistics deems necessary, including claiming damages for any loss sustained by Deep Holistics, owing to a user’s breach of these Terms.
21. Links to Third Party Site
The Deep Holistics Site/App/Platform may contain links to other third parties (“Linked Sites”). The Linked Sites are not under the control of Deep Holistics or the Deep Holistics Site/App/Platform and Deep Holistics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Deep Holistics is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Deep Holistics is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Deep Holistics or the Deep Holistics Site/App/Platform of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. Deep Holistics is not responsible for any errors, omissions or representations on any Linked Site. Deep Holistics does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before placing any reliance on such information.
22. Release
To the full extent permitted by applicable law, you agree not to hold us responsible for anything that happens related to transactions with third parties, member interactions, or in connection with a Deep Holistics Site/App/Platform group or Deep Holistics Site/App/Platform event and/or any activity through Deep Holistics Site/App/Platform. You also agree not to hold organizers responsible for their negligence in connection with their Content, a Deep Holistics Site/App/Platform group, or Deep Holistics Site/App/Platform event and/or any activity through Deep Holistics Site/App/Platform.
You agree to release us and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners ( “Related Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with your Content, a Deep Holistics Site/App/Platform group, or Deep Holistics Site/App/Platform event and/or any activity through Deep Holistics Site/App/Platform. You also agree, release organizers from Claims based on an organizer’s negligence arising out of or in any way connected with their Content, a Deep Holistics Site/App/Platform group, or Deep Holistics Site/App/Platform event and/or any activity through Deep Holistics Site/App/Platform.
You acknowledge that Deep Holistics Site/App/Platform and/or any activity through Deep Holistics Site/App/Platform carry inherent dangers. By participating through such, you understand and agree that you have freely chosen to assume these risks.
23. Limitation of Liability and Damages
In no event, Deep Holistics or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Terms; (ii) the Deep Holistics Services, (iii) the Deep Holistics Site/App/Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Deep Holistics Services, the Deep Holistics Site/App/Platform (including any and all materials) or any reference sites/app/platform/service, even if Deep Holistics or a Deep Holistics authorized representative has been advised of the possibility of such damages; (v) your use or misuse of the Deep Holistics Services or of the Deep Holistics Site/App/Platform; (vi) any breach of the representations, warranties, and covenants made by you herein. Any other interactions with Deep Holistics, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Deep Holistics Service or the Deep Holistics Site/App/Platform giving rise to the cause of action, or beyond or in excess Rs, 2,500 (two thousand five hundred Indian Rupees), whichever is less. You acknowledge and agree that Deep Holistics has offered its products and services, set its prices, and entered into this Terms agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Deep Holistics, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Deep Holistics. Deep Holistics would not be able to provide the services and/or products to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Deep Holistics’ liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement. Deep Holistics reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Deep Holistics, including rights to settle, and you agree to cooperate with Deep Holistics’ defense and settlement of these claims. Deep Holistics will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
24. Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, DEEP HOLISTICS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
- ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
- ANY UNAUTHORIZED USE OF THE SERVICE;
- ANY INTERRUPTION OR CESSATION OF THE SERVICE;
- ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
- ANY CONTENT WHETHER SUBMITTED BY A USER OR DEEP HOLISTICS SITE/APP/PLATFORM, INCLUDING YOUR USE OF CONTENT; AND/OR
- THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, DEEP HOLISTICS AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT YOU HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO DEEP HOLISTICS, OF THE CLAIM AND (B) RS, 2,500 (TWO THOUSAND FIVE HUNDRED INDIAN RUPEES), WHICHEVER IS LOWER.
25. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Deep Holistics, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
26. Disclaimer: No Warranties
To the fullest extent permissible pursuant to applicable law, Deep Holistics and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Deep Holistics or through the Deep Holistics Services or the Deep Holistics Site/App/Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “Deep Holistics” includes Deep Holistics’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You expressly agree that use of the Deep Holistics Services on the Deep Holistics Site/App/Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Deep Holistics Site/App/Platform or on the Internet generally. Deep Holistics does not warrant that the Deep Holistics Services will be uninterrupted or error-free or that defects in the Deep Holistics Site/App/Platform will be corrected. The Deep Holistics Services and the Deep Holistics Site/App/Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the Deep Holistics Site/App/Platform are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Deep Holistics, and its third-party suppliers, licensors, and partners do not warrant that the data, Deep Holistics software, functions, or any other information offered on or through the Deep Holistics Services/Deep Holistics Site/App/Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Deep Holistics and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the Deep Holistics Services/Deep Holistics Site/App/Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the Deep Holistics Services/Deep Holistics Site/App/Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will Deep Holistics be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Deep Holistics Site/App/Platform.
27. Ownership: Proprietary Rights
The Deep Holistics Services and the Deep Holistics Site/App/Platform are owned and operated by Deep Holistics and/or third-party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Deep Holistics Site/App/Platform Services provided by Deep Holistics (hereafter “Materials”) are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Deep Holistics, all materials, trademarks, service marks, and trade names contained on the Deep Holistics Site/App/Platform are the property of Deep Holistics and/or third-party licensors or suppliers. You agree not to remove, obscure, or alter Deep Holistics or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Deep Holistics Services/Deep Holistics Site/App/Platform. Except as expressly authorized by Deep Holistics, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Deep Holistics reserves all rights not expressly granted in this Agreement. If you have comments regarding the Deep Holistics Services and/or the Deep Holistics Site/App/Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to Deep Holistics, and shall assign to Deep Holistics, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
28. Modification of this Agreement
Any information that is collected via Deep Holistics Site/App/Platform is covered by the Terms and Conditions together with Privacy Policy. We can revise the Terms and Conditions and/or Privacy Policy from time to time. If we make changes we will update the “Last Updated Date” above to indicate when those changes will become effective. Deep Holistics reserves the right to change, modify, add, amend or remove portions of this Agreement (each, a change and collectively, changes) at any time by posting notification on the Deep Holistics Site/App/Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by You, immediately after the initial posting and shall apply immediately on a going- forward basis with respect to your use of the Deep Holistics Site/App/Platform, availing the Deep Holistics Services or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Deep Holistics Services/Deep Holistics Site/App/Platform. For certain changes, Deep Holistics may be required under applicable law to give you advance notice, and Deep Holistics will comply with such requirements. Your continued use of the Deep Holistics Site/App/Platform following the posting of changes will mean that You accept and agree to the changes.
29. Availability
Deep Holistics controls and operates the Deep Holistics Site/App/Platform from India and makes no representation that the materials are appropriate or will be available for use in other locations. If you use this Deep Holistics Site/App/Platform from outside the India, you are entirely responsible for compliance with all applicable local laws.
Deep Holistics does not make any warranty or representation that a user in one region may obtain the Services from the Deep Holistics Site/App/Platform in another region and Deep Holistics may cancel a User’s order or redirect a User to the site for that User’s region if a User attempts to order Services offered on a site in another region.
Information that Deep Holistics publishes on the World Wide Web may contain references or cross references to Deep Holistics products, programs and services that are not announced or available in your country. Such references do not imply that Deep Holistics intends to announce such products, programs or services in your country. Consult your local Deep Holistics business contact for information regarding the products, programs and services that may be available to you.
30. General Terms and Conditions
Deep Holistics does not monitor your use to the Deep Holistics Site/App/Platform on a daily basis but reserves the right to do so. You acknowledge that Deep Holistics will have the right to report to law enforcement authorities for any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Deep Holistics will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. Submissions and un-authorised use of any materials contained on Deep Holistics Site/App/Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations.
31. Force Majeure
Deep Holistics will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to reasons beyond reasonable control including but not limited to Acts of God, war (whether declared or not), armed conflict or the serious threat of the same (including but not limited to hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, extensive military mobilization; civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience; act of terrorism, sabotage or piracy; plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions; act of authority whether lawful or unlawful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, expropriation, compulsory acquisition, seizure of works, requisition, nationalization; natural disaster such as but not limited to violent storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, damage or destruction by lightning, drought; explosion, fire, destruction of machines, equipment, and of any kind of installation, prolonged break-down of transport, telecommunication or electric current; general labor disturbance such as but not limited to boycott, strike and lock-out, go-slow, occupation of factories and premises; shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control of the subject Party; or any other event similar to those enumerated above (“Force Majeure Event”). Such excuse from liability and performance shall be effective for the duration of the event(s) causing the failure or delay in performance and / or for a period at the discretion and determined solely by Deep Holistics. You understand and agrees that Your relationship with Deep Holistics may end if a Force Majeure Event occurs beyond the Deep Holistics control. Deep Holistics shall be excused from the performance of its obligations under Force Majeure Event. Such excuse shall be continued so long as the condition constituting force majeure continues. You agree and acknowledge any payment due and owing hereunder by You shall in no event be delayed by You because of a force majeure affecting You.
32. Cessation of Operation
Deep Holistics Site/App/Platform may at any time, in its sole discretion and without advance notice to you, cease operation of the Deep Holistics Site/App/Platform and distribution of the Services.
33. Effect of Waiver
The failure of Deep Holistics to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
34. Statute of Limitation
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Deep Holistics Site/App/Platform or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
35. Non-Availability of the Content
Deep Holistics shall be utilizing, using, deleting, and saving data as per policies and guidelines. Non availability of your content shall not be the responsibility of Deep Holistics. Please make sure you save your own data.
36. Waiver of Class Action Rights
By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
37. Assignment
You may not assign your rights and obligations under this Agreement to anyone.
38. Usage of Services
Deep Holistics Site/App/Platform does not have the capability to respond to “Do Not Track” signals received from various web browsers and systems. Deep Holistics Site/App/Platform takes reasonable measures to collect from or about you and your personal identification details from unauthorized access use or disclosure. When you enter sensitive information to Deep Holistics Site/App/Platform it is encrypted using applicable technologies available to Deep Holistics Site/App/Platform. Please be aware, however, that no method of transmitting information over the internet or storing information is completely secure. Accordingly, Deep Holistics Site/App/Platform cannot guarantee the absolute security of any information.
39. Terms of Use
We at Deep Holistics respect the privacy of everyone who visits this Deep Holistics Site/App/Platform and are committed to maintain the privacy and security of the personal information of all visitors to this Deep Holistics Site/App/Platform. Our policy on the collection and use of personal information and other information will be governed by Terms of Use of the Company in place.
40. Events Outside Our Control
We at Deep Holistics will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreements that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
41. Reservation
Using the Service and Deep Holistics Site/App/Platform does not give you ownership of or rights to any aspect of the Deep Holistics Site/App/Platform and/or Service.
42. Changes to Service
Deep Holistics Site/App/Platform is constantly changing and improving the Service and Deep Holistics Site/App/Platform. We may also need to alter or discontinue the Service, Deep Holistics Site/App/Platform or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service and Deep Holistics Site/App/Platform that will have an adverse impact on the use of our Service and Deep Holistics Site/App/Platform. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements.
43. Uploading Content
If you choose to upload Content, you must not submit any Content that does not comply with these Terms or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service.
44. Right’s you Grant
You agree to provide and give ownership rights in your Content to Deep Holistics. And to grant rights to other users of the Service. You should only upload Content that You have made or that You are authorised to use. If we reasonably believe that any Content is in breach of the Terms or may cause harm to Deep Holistics Site/App/Platform, our users, or third parties, we may remove or take down that Content in our sole discretion. Deep Holistics Site/App/Platform may terminate your use of the Services, or your account’s access to all or part of the Service and Deep Holistics Site/App/Platform if Deep Holistics believes, in its sole discretion.
45. Downloadable Software
When the Deep Holistics Site/App/Platform and Service requires or includes downloadable software (such as the Deep Holistics Site/App/Platform), you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, Deep Holistics Site/App/Platform gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Deep Holistics Site/App/Platform as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Deep Holistics Site/App/Platform, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, sublicense or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Deep Holistics Site/App/Platform’s written permission.
46. Inactive accounts policy
In general, users are expected to be active members within the Deep Holistics Site/App/Platform community. If an account is found to be overly inactive, the account may be reclaimed by Deep Holistics Site/App/Platform without notice. Inactivity may be considered as: Not logging into the site for at least six months,
Never having uploaded any content and Not actively partaking in watching or commenting on others’ content.
47. Encouraging Terms of Service violations
If you post content that encourages other users to violate our Terms of Service, the content may be removed, your account may be penalized, and in some cases your account may be terminated.
48. Legal Compliance and Dispute Resolution
Deep Holistics and/or you shall, at all times, and at their own expense: (a) strictly comply with all applicable laws, rules, regulations and governmental orders, now or hereafter in effect, relating to its performance of this Agreement; (b) pay all fees and other charges required by such laws, rules and regulations and orders; and (c) maintain in full force and effect all licenses, permits, authorization, registration and qualifications from all Governmental departments and agencies to the extent necessary to perform its obligations hereunder.
If you have a dispute with Deep Holistics Site/App/Platform, you agree to try to work it out directly with us first. If we can’t work it out, with limited exceptions, you must submit any dispute with us to a neutral arbitrator instead of taking the claim to a court of law. Claims can only be brought individually, and not as part of a class action Deep Holistics Site/App/Platform has no obligation to get involved with any disputes you have with other members, although we may try to facilitate a resolution. Before making any claim, you and Deep Holistics Site/App/Platform agree to try to resolve any disputes through good faith discussions. You agree to resolve disputes with Deep Holistics Site/App/Platform on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations. All disagreements arising in connection with this Agreement ("Disagreement") or the terms thereof; shall be initially referred to in writing for mediation to the authorized representatives, which will be nominated by both the Parties. The Disagreement shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one (1) year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. If any “Disagreement” remains unresolved for twenty (20) days from the initial referral, either Party may request a further reconciliation between Senior Executives (of both the Parties) within a further ten (10) days. The location of any Disagreement by way of mediation and reconciliation shall be held at the offices of Deep Holistics. In case the best efforts, at mediation and reconciliation fail, then, the Parties shall be at liberty to commence Arbitration proceedings under the Arbitration and Conciliation Act, 1996 (as amended from time to time) of India. The number of arbitrators shall be one (1) selected by both the Parties jointly and shall be a legal professional of more to ten years’ experience and also shall have served as an arbitrator at least two times prior to their service as an arbitrator in this arbitration. The seat, or legal place, of arbitration shall be New Delhi, India. The language to be used in the arbitration shall be English. The governing law of the contract shall be the substantive law of India. Each Party will bear its own expenses in the Disagreement process and dispute resolution process including mediation, reconciliation and arbitration and will share equally the costs of same; provided, however, that the arbitrator may, in his/her discretion, award costs and fees to the prevailing Party. The arbitral award shall be substantiated in writing and shall be final and binding on the Parties. The arbitral tribunal shall decide on the matter of costs of the arbitration.
Language: All notices required to be given by one Party to the other Party and all other communications, documentation and proceedings which are in any way relevant to this Agreement shall be in writing and in English language.
You/User agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Deep Holistics Site/App/Platform or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
49. Participation
In order to participate as a use in any Competition, you must register as a user of Deep Holistics Site/App/Platform.
Participation is available only to persons and entities who are able to form legally binding contracts under applicable law. Without limiting the above point, participation is not available to:
- Individuals under the age of 18 years and if you are under 18 years of age, consent of your parents is required;
- Persons whose participation has been permanently suspended or terminated under; or,
- Persons who are or reside in countries that are prohibited by law, regulation, treaty or administrative act from entering into trade relations (including export of technology) with India or its citizens.
No individual or entity may register more than once (for example, by using a different username/email) although a User will be able to participate on this Website as a Competition Host and/or a Competitor in more than one Competition.
Cessation of Operation: Deep Holistics can at any time, in its sole discretion and without advance notice to you, cease operation of the Deep Holistics Site/App/Platform and distribution of the Services.
50. Coupons
Coupons are not transferable and may not be redeemable for cash and cannot be combined with any other coupons or any other offer or discounts or promotions offered by Deep Holistics. Each coupon is identified by a code and has different rewards. The claimant can decide the reward desired during the booking phase whilst being bound by the conditions linked to the redemption of the coupon. To redeem the coupon code, the claimant types the coupon code into the promotional box in the booking field of the Deep Holistics Site/App/Platform and the relevant discount will be automatically deducted from the final price of the qualifying purchase. If the claimant fails to enter the coupon code at the time of purchase as specified, the purchase will not be eligible for the discount. Discounts may not be claimed after confirmation of a claimant's purchase on the Deep Holistics Site/App/Platform. The coupons can be used for Deep Holistics points subject to the discretion of Deep Holistics. The terms and conditions and use of any coupons are at the sole discretion of Deep Holistics.
Each coupon is valid for a limited time only and expires on the date specified in the communication sent to the claimant by Deep Holistics. Coupons cannot be replaced if communication are deleted by the claimant. A coupon cannot be applied to bookings previously placed with Deep Holistics. If a coupon is used and is cancelled at a later stage by the claimant, the coupon will no longer be valid.
The coupon is not necessarily valid for all periods of the year. There may be periods, particularly during the seasons, for which the coupon may not be usable. Deep Holistics shall not be liable for any loss, damage or injury suffered or sustained (even if caused by negligence) as a result of accepting and/or using the coupon, except for any liability which cannot be excluded by law. Deep Holistics accepts no responsibility for late, lost or misdirected email or other communications. Deep Holistics assumes no responsibility for any failure to receive a claim or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then Deep Holistics may modify, cancel, terminate or suspend the coupon. Deep Holistics reserves the right to discontinue a coupon at any time.
51. Products
The Services may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. We attempt to describe the items available on the Deep Holistics Site/App/Platform as accurately as possible, and depict the most up-to-date product packaging available. We make no warranties or representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein) or that product packaging depicted will match the actual Product that you receive. Such information and the availability of any Product are subject to change at any time without notice. If a Product is not as described when you receive it, or the packaging on the site does not match the Product you receive, your sole remedy is to return the Product to us in unused and undamaged condition in accordance with our returns policy.
We reserve the right, including without prior notice, to limit the available quantity of or discontinue the availability of any Product; to impose conditions on the honoring of any coupon, discount or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any Product. The Deep Holistics Site/App/Platform does not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Deep Holistics Site/App/Platform. Refunds and exchanges are subject to our applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including applicable charges for shipping, handling and taxes. Your placement of an order does not necessarily assure that we will accept your order. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
We reserve the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card or other method of payment has been charged. You will be notified via email or other communication method if your order has been canceled.
Once a properly completed order is received and authorization of your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment. If, for some reason, we determine that we cannot ship your item within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action.
Products may be shipped to an address designated by you, so long as such address is complete and complies with any shipping restrictions contained on the Services. All Transactions are made pursuant to a shipment contract, and, as a result, risk of loss and title for Products pass to you upon our delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
52. Usage by Children
An individual below the age of 18 can be allowed to use Deep Holistics Site/App/Platform with his/her parent or legal guardian's permission. To ensure that children do not create frivolous accounts, we request them to put their parents phone number on the site, so that we can verify the same.
53. Access to The Site and Service
We will do our utmost to ensure that availability of the Deep Holistics Points and its balance will be uninterrupted and that the service transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Deep Holistics Points and its balance and service or your Account may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
54. Other Businesses
We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of the users, sellers, any other parties or their content. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties.
55. Free Trials
We may offer free trials of products and Services on our Platform. We will inform you of the length of the free trial, your renewal period, and the date and amount of your first payment.
56. Contacting Us
We aim to keep our information about you as accurate as possible. If you have any questions about these Terms and Conditions or the Deep Holistics Site/App/Platform, please contact us support@deepholistics.com or send a message on WhatsApp at +91 6384 485 138. Regd. Office Address: 20 COLLYER QUAY,#23-0120 COLLYER QUAY, SINGAPORE (049319)