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Terms and Conditions

Holistic All

Owned & Operated by XX (company) YYY (Country)
Website: www.holisticall.com
Contact Us: https://www.holisticall.contactus
Current as of January 2025

1. Introduction & Acceptance

1.1 Agreement

These Terms and Conditions (the “Terms”) govern your use of www.holisticall.com (the “Site”), including all features, content, products, and services offered by Holistic All (“we,” “us,” or “our”). By accessing or using the Site, you (“User” or “you”) agree to be bound by these Terms and our [Privacy Policy]. If you do not accept these Terms, you must discontinue using the Site immediately.

1.2 Updates to Terms

We may revise these Terms at our sole discretion. If we make significant changes, we will endeavor to notify you before they take effect (for example, by posting a notice on the Site). The “Current as of” notice above indicates the date of the latest revision. Your continued use of the Site after changes constitutes acceptance of the revised Terms.

1.3 No Emergency Services

DO NOT USE OUR SITE FOR MEDICAL EMERGENCIES. If you have a medical emergency, call 000 or your local emergency assistance number immediately.

1.4 Additional Policies & Service Terms

Certain features (e.g., subscriptions, Marketplace, funnel pages) may be subject to additional service terms (“Service Terms”), which are incorporated by reference. If these Terms conflict with any Service Terms, those Service Terms will prevail.

 

2. Refund & Credit Policy

Holistic All does not provide refunds for any purchases, subscriptions, or fees paid on or through the Site. In exceptional cases, at our sole discretion, we may approve an adjustment in the form of a gift certificate, credit, or other reimbursement. Any such decisions or transactions are made exclusively by Holistic All and are final, with no guaranteed time frames for processing.

 

3. User Submissions & Content

3.1 User-Generated Content

By submitting or posting any content (e.g., advertisements, photos, designs, forum posts) to the Site, you represent and warrant that:

  1. The content is your original work or you have express permission from the rightful owner.

  2. It complies with all applicable laws and regulations, including (where relevant) the Therapeutic Goods Act 1989 (Cth) and the Therapeutic Goods Advertising Code (No. 2) 2018.

  3. It does not infringe any third-party intellectual property rights, breach privacy laws, or contain misleading, deceptive, defamatory, or obscene material.

3.2 Licence Grant

Unless stated otherwise, by posting or submitting content, you grant Holistic All a royalty-free, perpetual, irrevocable, worldwide, non-exclusive licence to use, reproduce, create derivative works, modify, publish, translate, distribute, communicate, display, and perform that content in any media now known or later developed. You also grant us the right to use the name or handle you submit in connection with your content.

3.3 Review & Removal

We reserve the right (but assume no obligation) to review, modify, or remove any user-generated content at our sole discretion, particularly if it may violate these Terms or any applicable law.

3.4 Prohibited Conduct

You agree not to post or submit content that:

  • Violates any law, regulation, or third-party rights.

  • Fails to comply with community rules, professional standards, or Site policies.

  • Contains viruses, worms, or other malicious code.

  • Is defamatory, hateful, fraudulent, or otherwise harmful to others.

  • Is likely to mislead or deceive, including in relation to healthcare or therapeutic claims without valid support.

 

4. Intellectual Property

4.1 Ownership

All text, graphics, software, trademarks, and other content on the Site (collectively “Site Content”) is owned or licensed by Holistic All and is protected by YY and international intellectual property laws.

4.2 Limited Licence

We grant you a non-exclusive, non-transferable licence to access and use the Site for personal, non-commercial purposes. You may not reproduce, modify, distribute, transmit, display, publish, or exploit any Site Content without our prior written consent.

4.3 Breach & Injunctive Relief

You acknowledge that a breach of this section may cause irreparable harm. We reserve the right to seek injunctive relief in addition to any other legal remedies.

4.4 Notice & Procedure for IP Complaints

If you believe your intellectual property rights are being infringed, please contact us via our Contact Us page with:

  • Identification of the work or rights allegedly infringed.

  • The alleged infringing material’s location.

  • Your contact details and a statement of good faith belief regarding the infringement.

We will respond promptly and may remove infringing content at our discretion.

 

5. Your Use of the Site

5.1 User Responsibility

Use of the Site is at your own risk. Holistic All disclaims liability for the accuracy, completeness, or usefulness of any information. You are responsible for taking precautions to protect yourself from potential losses, damages, or claims.

5.2 Data Mining & Interference

You must not use automated processes (e.g., bots, spiders) to search or scrape data, or otherwise interfere with the Site’s operation. You agree not to impose an unreasonable burden on our infrastructure.

5.3 Disclaimer of Warranties

To the fullest extent permitted by law, the Site is provided “AS IS” and “AS AVAILABLE,” without warranties or representations, express or implied (including merchantability, fitness for a particular purpose, or non-infringement).

5.4 Healthcare & Wellness

All Site content, including holistic or health-related information, is for informational purposes only and is not a substitute for professional medical advice. Always consult a qualified healthcare professional for medical concerns. We do not verify or endorse any professionals or claims listed on the Site; Holistic All is not liable for any health, wellness, or therapeutic statements made by third parties.

5.5 Communications and Business Within the Platform

All Site members, Vendors, and Buyers must communicate solely through the Site’s messaging or chat function. Off-platform communication by phone, email, or other channels is prohibited. Any sales transactions taking place between Site members must be made within the platform. Transactions outside of the platform will be treated as if they had occurred within the platform, with any commissions and revenues being payable to Holistic All, plus any recovery and administrative costs. Violations may result in account disablement and potential financial liability for any lost revenue or fees due to Holistic All.

 

6. Subscriptions, Memberships & Payments

6.1 Opening an Account

Certain Site features (e.g., premium subscriptions, Marketplace posting) require an account. We may require verification of your identity or qualifications before activation. You are responsible for safeguarding your login credentials and all account activities.

6.2 Subscription Plans & Renewals

  • Term & Renewal: Subscription plans typically run for a specified term (e.g., 12 months). Subscriptions auto-renew unless you notify us in writing before the current term ends.

  • Fees & Payment: All fees are in US Dollars (USD). If payment fails, we may suspend or cancel your account.

  • No Refunds: We do not provide refunds for subscriptions or fees. Adjustments (if any) may be issued at our discretion as gift certificates, credits, or other reimbursements.

 

7. Marketplace: Vendors & Buyers

7.1 Platform Role

Holistic All provides a Marketplace where third-party vendors (“Vendors”) can list and sell goods or services. Vendors retain full control over their business operations. Buyers acknowledge they enter into direct transactions with Vendors, with no legal oversight or liability from Holistic All.

7.2 Buyer Responsibility

Buyers must review all terms of the purchase with the Vendor (returns, exchanges, shipping, etc.) prior to checkout. Holistic All does not provide refunds, returns, or exchanges—these are fully managed by the Vendor. Buyer beware applies.

7.3 Vendor Control & Liability

  1. Vendor Autonomy: Vendors set their own policies (returns, exchanges, shipping, etc.) and must comply with all relevant laws. Vendors hold Holistic All harmless and not liable for any transactions on the Site.

  2. Pricing & GST: Vendor prices must include GST. Holistic All will collect and retain the GST portion on all sales, then remit it as required under YYY International law.

  3. Vendor Registration Requirements: Vendors must provide a valid YYY Business Number and identification for verification prior to activation.

  4. Holistic Goods & Conduct: Vendors must offer holistic-related goods/services, follow applicable laws, and maintain professional communication. Holistic All may deregister or inactivate a Vendor at its sole discretion for non-compliance.

  5. Review & Approval: Holistic All reviews each Vendor and Product submission before publication, approving or declining at its sole discretion.

  6. Monthly Platform Fee: Vendors pay a monthly usage fee. Failure to pay may result in suspension of the Vendor’s store. Holistic All may withhold amounts payable to the Vendor until this fee is paid.

  7. Commission on Sales: Vendors pay a commission on both Sales and Shipping amounts, as determined during registration. Commission rates may change at any time without notice. Where refunds or obligations arise, no Vendor payout applies for that sale.

  8. Vendor Payout: Payments to Vendors generally occur within 40 days (not less than 30 days) after the sale date. Unsatisfactory delivery or complaints may reduce or withhold Vendor payouts.

  9. Refund Processing: Holistic All does not handle refunds directly unless we determine, at our discretion, that we must do so. We may issue a gift certificate or credit to the buyer on the Vendor’s behalf. The Vendor must transfer sufficient funds to cover any such refunds.

  10. Mandatory On-Platform Messaging: Vendors and Buyers must communicate solely via the Site. Off-platform contact is prohibited and may lead to account disablement or liability for lost revenue or fees owed to Holistic All.

  11. Buyer Risk Acknowledgment: Buyers acknowledge that Holistic All has no liability for product returns, refunds, or exchanges. Buyers should conduct due diligence before finalizing purchases.

  12. No Legal Proceedings: Both Buyers and Vendors agree not to file or include Holistic All in any legal proceedings or court actions. Holistic All shall bear no liability in any dispute. Any disputes shall be resolved exclusively by private mediation arranged through Holistic All. Holistic All charges a AUD $20/hour administrative fee for any time spent mediating or investigating such disputes, collectible from the disputing parties or as appropriate under the circumstances.

7.4 Payment Declines

If a payment declines or is incomplete after approval, both Buyer and Vendor remain obligated to Holistic All for any commissions or amounts payable. Payment must be settled within 7 days to avoid further collection actions or account suspension.

 

8. Indemnification

You agree to indemnify, defend, and hold harmless Holistic All, its officers, directors, employees, agents, licensors, suppliers, and advertisers from any claims, damages, losses, expenses, or costs (including reasonable legal fees) arising out of or related to:

  • Matters not directly transacted or controlled by Holistic All.

  • Your breach of these Terms or any applicable Service Terms.

  • Your use of the Site, including Marketplace transactions.

  • Your infringement of any third-party intellectual property or other rights.

  • Any content you post or submit to the Site.

 

9. Waiver, Release & Limitation of Liability

9.1 Waiver & Release

To the fullest extent permitted by law, you release Holistic All and its affiliates from any liability for direct, indirect, incidental, consequential, special, or punitive damages arising from your use of the Site or any transactions on it.

9.2 Limitation of Liability

Where liability cannot be excluded under YYY International Consumer Law or other laws, our liability is limited, at our discretion, to one of the following:

  1. Re-supplying the relevant service; or

  2. Paying the cost of re-supplying that service.

In no event will Holistic All’s total liability exceed AUD $200 or the total amount you paid for the relevant service, whichever is greater, except where such limitation is prohibited by law.

9.3 Service Interruptions

We are not liable for data loss or damages resulting from Site interruptions, regardless of cause, even if advised of such possibility.

 

10. Miscellaneous

10.1 Governing Law & Jurisdiction

These Terms are governed by the YYY International laws, without regard to conflict-of-law principles. No court proceedings may be brought against Holistic All, as mediation is the sole dispute resolution method under these Terms.

10.2 No Cooling-Off Period

There is no universal 2-business-day cooling-off period required by YYY International law for general online purchases. Holistic All does not offer any standard cooling-off period.

10.3 Independent Contractors

No agency, partnership, joint venture, or employment relationship is formed between you and Holistic All by these Terms.

10.4 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may freely assign our rights at any time without notice.

10.5 Notices

We will send notices to the email address on your account. Such notices are deemed received 24 hours after sending. Formal notices to us must be submitted via our Contact Us page or in writing to our business address.

10.6 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remainder remains in effect.

10.7 Entire Agreement

These Terms, along with any referenced policies or Service Terms, constitute the entire agreement between you and Holistic All regarding your use of the Site, superseding all prior agreements.

10.8 Survival

Provisions that by nature should survive termination (e.g., indemnification, liability limitations, intellectual property rights) remain effective even after your account or these Terms end.

 

11. Contact Us

For any questions or concerns about these Terms or your use of the Site, please contact:

Holistic All
XX
Website: www.holisticall.com
Contact Us: https://www.holisticall.com/contactus

 

Acknowledgment

By continuing to use our Site, you confirm that you have read, understood, and agree to these Terms, as well as any future modifications, and that you accept a Buyer Beware process, exclusive private mediation for disputes, no legal proceedings against Holistic All, and no liability for Holistic All in connection with any transactions on the Site.

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