Please read these Terms and Conditions carefully and ensure that you understand them before using Our Site. These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of this website, www.holistic-advice.com(“Our Site”). You may wish to print a copy of these Terms and Conditions for your future reference.
These Terms and Conditions were last updated in April 2022.
Your agreement to comply with these Terms and Conditions is indicated by your use of Our Site. If you do not agree to these Terms and Conditions, you must stop using Our Site immediately.
The following documents also apply to your use of Our Site:
·Our Privacy and Cookie Policy, available at https://Holistic-Advice.com/privacy-policy . This is also referred to below in Part 15.
·Our Spiritual Advisor Terms, available at https://Holistic-Advice.com/terms if you are accepted by Us to register as a Spiritual Advisor.
·Our Client Terms, available at https://www.Holistic-Advice/terms if you register with Us to use Our Consulting Services.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
·“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
·“We/Us/Our” means Holistic-Advice.
2.1 Our Site is operated by Holistic-Advice.
We are a website based in Switzerland. Our registered address is Aarauerstrasse 42, 5712 Beinwil am See
To contact Us, please email Us at Info@Holistic-Advice.com or telephone Us on +41 (0) 79 258 6690.
4.1 Access to Our Site only is free of charge.
4.2 It is your responsibility to make the arrangements necessary in order to access Our Site.
4.3 Access to Our Site is provided on an “as is” and on an “as available” basis.
We may suspend or discontinue Our Site (or any part of it) at any time. We do not guarantee that Our Site will always be available or that access to it will be uninterrupted. If We suspend or discontinue Our Site (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.
We may alter and update Our Site (or any part of it) at any time.
6. Changes to these Terms and Conditions
6.1 We may alter these Terms and Conditions at any time.
As explained above, your use of Our Site constitutes your acceptance of these Terms and Conditions. Consequently, any changes made to these Terms and Conditions will apply to your use of Our Site the first time you use it after the changes have been implemented. You are therefore advised to check this page every time you use Our Site.
6.2 If any part of the current version of these Terms and Conditions conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
Our Site is intended for users in the Switzerland only. We do not warrant or represent that Our Site or its Content are available in other locations or are suitable for use in other locations.
8. How You May Use Our Site and Content (Intellectual Property Rights)
8.1 All Content included on Our Site and the copyright and other intellectual property rights in that Content belongs to or has been licensed by Us, unless specifically labelled otherwise.
All Content is protected by applicable Switzerland and international intellectual property laws and treaties.
8.2 You may access, view, and use Our Site in a web browser (including any web browsing capability built into other types of software or app) and you may download Our Site (or any part of it) for caching (this usually occurs automatically).
8.3 You may print one copy and download extracts of any page(s) from Our Site for personal use only.
8.4 You may not modify the printed copies or downloaded extracts in any way.
Images, video, audio, or any other Content downloaded from Our Site must not be used separately from accompanying text.
8.5 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as applicable) must always be acknowledged.
8.6 You may not use any Content from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as applicable).
This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
8.7 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, ‘Acts Permitted in Relation to Copyright Works’, which provides exceptions allowing certain uses of copyright material including (but not limited to) non-commercial research and private study; text and data mining for non-commercial research; criticism, review, and reporting current events; teaching; accessibility; time-shifting; and parody, caricature, and pastiche.
Further information is available from the UK Intellectual Property Office.
9.1 You may only link to the homepage of Our Site,www.Holistic-Advice.com.
Linking to other pages on Our Site requires our express written permission.
9.2 Links to Our Site must be fair and lawful.
You must not take unfair advantage of Our reputation or attempt to damage Our reputation.
9.3 You must not link to Our Site in a manner that suggests any association with Us (where there is none) or any endorsement or approval from Us (where there is none).
9.4 Your link should not use any logos or trade marks displayed on Our Site without Our express written permission.
9.5 You must not frame or embed Our Site on another website without Our express written permission.
9.6 You may not link to Our Site from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.
10.1 Links to other websites may be included on Our Site.
Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
10.2 The inclusion of a link to another website on Our Site is for information purposes only and does not imply any endorsement of that website or of its owners, operators, or any other parties involved with it.
11.1 Nothing on Our Site constitutes professional medical advice on which you should rely.
It is provided for general information purposes only.
11.2 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date, but We make no warranties, representations, or guarantees (express or implied) that this will always be the case.
11.3 If you are a business user, We exclude all implied representations, warranties, conditions, and other terms that may apply to Our Site and Content.
12.1 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be lawfully excluded or restricted.
12.2 If you are a business user (i.e. you are using Our Site in the course of business or for commercial purposes), to the fullest extent permissible by law, We accept no liability for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
12.3 If you are a business user, We accept no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
12.4 If you are a consumer, you agree that you will not use Our Site for any commercial or business purposes and that We shall have no liability to you for any business losses as set out above.
12.5 If you are a consumer, you agree that you fully acknowledge that any session appointment booked or information received therein, in no way or form substitutes any professional Medicla Procedures and/or Therapy and that taking part in it is at ones own personal risk.
13. Viruses, Malware, and Security
13.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and malware; however, We do not guarantee that this is the case.
13.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
13.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
13.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
13.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
13.6 By breaching the provisions of Parts 13.3 to 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990.
Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
14. Acceptable Usage of Our Site
14.1 You may only use Our Site in a lawful manner:
1. a)You must ensure that you comply fully with any and all local, national, or international laws and regulations that apply;
2. b)You must not use Our site in any way, or for any purpose, that is unlawful or fraudulent; and
3. c)You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, or data of any kind.
14.2 If you fail to comply with the provisions of this Part 14, you will be in breach of these Terms and Conditions.
We may take one or more of the following actions in response:
1. a)Suspend or terminate your right to use Our Site;
2. b)Issue you with a written warning;
3. c)Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
4. d)Take further legal action against you, as appropriate;
5. e)Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
6. f)Any other actions which We deem reasonably appropriate (and lawful).
14.3 We hereby exclude any and all liability arising out of any actions that We may take (including, but not limited to those set out above in Part 14.2) in response to your breach.
15. How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy and Cookie Policies, available from https://www.Holistic-Advice/privacy/
16.1 If We have your contact details, We may send you important notices by email from time to time.
Such notices may relate to matters including, but not limited to, changes to Our Site or to these Terms and Conditions.
16.2 We will not send you marketing emails without your express consent.
If you do consent to marketing, you may opt out at any time. All marketing emails from Us include an unsubscribe link. If you opt out of emails from Us, it may take up to 30 days for your request to take effect and you may continue to receive emails during that time.
16.3 For questions or complaints about communications from Us, please contact Us using the details above in Part 3.
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Swiss law.
17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 17.1 takes away from or reduces your legal rights as a consumer.
17.3 If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Switzerland, as determined by your residency.
17.4 If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms and Conditions or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Switzerland.
We keep our statement under regular review. These Terms and Conditions were last updated in April 2022.
These terms and conditions, herein referred to as the “Client Terms” set out the terms and conditions under which Holistic-Advice , a company registered in Switzerland with a registered office at: 35 Ballards Lane, London N3 1XW, herein referred to as “Holistic-Advice” or “We” grant to You, a licence to use HOLISTIC-ADVICE’s virtual online platform (available via the Site) which is dedicated to facilitating the sourcing of Spiritual Advisors by enabling registered Clients to access publicly available profiles of various Spiritual Advisors offering consulting Services in various spiritual areas (the “Agreement”).
Holistic-Advice and Holistic-Advice.com are the trading names of Holistic-Advice
In providing the Site and the Holistic-Advice Services, HOLISTIC-ADVICE does not provide the Advisoring Services. To use the Advisoring Services, the Client enters in to a legally binding Contract with the Tutor.
The terms of the Advisoring Terms are set out in Schedule 1. If You make a booking for any Advisoring Services using the Site You are agreeing to the terms of the Advisoring Terms at Schedule 1. In these Client Terms, references to “You” and “Your” are references to the Client registered on the Site who may benefit from the Advisoring Services offered by Tutors by way of using the HOLISTIC-ADVICE Services provided by HOLISTIC-ADVICE. When You use the Site and the HOLISTIC-ADVICE Services (together, the “Services”), You agree that these Client Terms apply to that use in addition to any other terms and conditions which may apply including the Terms of Service (where applicable) which are incorporated by this reference. You acknowledge that you have read and understand the Privacy Policy and Cookie Policy. You also agree that the Advisoring Terms apply to the Advisoring Services from the Tutor.
1. Your agreement with Holistic-Advice
These Client Terms govern the activities of Clients in relation to Your use of the Services. By using the Services, You accept these Client Terms and the Advisoring Terms in full. HOLISTIC-ADVICE and/or the Tutor reserves the right to change the terms relating to these Client Terms and/or Advisoring Terms (or any part) at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. Read it carefully and ensure that You understand its effect before proceeding to use the Services. If You disagree with any part of the Client Terms, do not use the Site or the Services. If You are uncertain as to Your rights under these Client Terms or You want any explanation about them please contact us. These Client Terms were last updated on 22 March 2022.
2.1 The following definitions shall apply in this Agreement:
·Account means the secure account(s) created by You, which holds Your personal information and from where You can access the Services via Your HOLISTIC-ADVICE Login.
·Additional HOLISTIC-ADVICE Credits refers to HOLISTIC-ADVICE Credits that are credited to Your Client Account by HOLISTIC-ADVICE as a result of e.g. the distribution of a Referral Discount Code, any offer or discount, a goodwill gesture or similar gifting/ promotion. Such shall have no cash equivalent, shall not be refundable or capable of being withdrawn other than by means of a redemption in respect of Advisoring Services and shall expire six (6) months from issue.
·Client means a person who is registered to use the HOLISTIC-ADVICE Site with a view to directly engaging with the Spiritual Advisor for the provision of Advisoring Services on the Advisoring Terms, whether that be the Client.
·Client Ratings means the feedback left by a Client on the Site in response to the performance of the Advisoring Services by a particular Spiritual Advisor which is scored on a 1-5 star rating (1 being poor; 5 being outstanding).
·Client Tools refers to the minimum requirements for using and accessing the HOLISTIC-ADVICE Services including the use of a computer, recommended browser, webcam, a broadband internet connection (with sufficient bandwidth), a sound card and a headset and microphone.
·Confidential Information means any information which is imparted or obtained under this Agreement by HOLISTIC-ADVICE to You on, before or after the commencement in confidence (whether in writing, verbally or by other means and whether directly or indirectly) or is of a confidential nature, relating to the business or prospective business, current or projected plans or internal affairs of HOLISTIC-ADVICE including, but not limited to information pertaining to Spiritual Advisors, Spiritual Advisor Correspondence, logging in, HOLISTIC-ADVICE correspondence and any other commercial, financial or technical information or other information relating to the business or prospective business of HOLISTIC-ADVICE which might reasonably be considered to be confidential in nature.
·Contract means the period during which, and the terms upon which, You are provided with Advisoring Services by any one Spiritual Advisor as agreed between You and the Spiritual Advisor via the Site. The Contract is formed in accordance with clause 3.11.
·Data Protection Legislation means the Data Protection Act 2018, the UK GDPR (as defined in the Data Protection Act 2018), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
·Deemed Start Date means the date and time when payment of Spiritual Advisor Fees are received by HOLISTIC-ADVICE.
·Dispute means any dissatisfaction expressed by You or any complaint made by You or any other dispute or potential dispute or claim made by You in connection with the provision of the Advisoring Services rendered by a Spiritual Advisor (or the provision of the HOLISTIC-ADVICE Services which is communicated to HOLISTIC-ADVICE by You).
·Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
·Instant Help Session(s) refers to a type of Advisoring Service which can be arranged and purchased on the Site and which is delivered instantly subject to immediate payment of HOLISTIC-ADVICE Credits from the HOLISTIC-ADVICE Wallet.
·Losses means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
·Materials refer to content relating to the Advisoring Services (including images (audio and/or visual), text, music, trademarks, symbols, logos and slogans).
·Meet The Spiritual Advisor Session is an optional unpaid interview between You and a potential Spiritual Advisor of approximately fifteen (15) minutes duration which provides an opportunity for You to become acquainted with Your Spiritual Advisor, to discuss Your specific learning requirements and/ or concerns and to assess their suitability to deliver Advisoring Services to You. There is no obligation to book or pay for further Advisoring Services. Please note we do not require Spiritual Advisors to attend these sessions and some Spiritual Advisors may be unavailable for Meet The Spiritual Advisor Sessions.
·HOLISTIC-ADVICE Credit(s) represents the pre-paid credits deposited in the HOLISTIC-ADVICE Wallet which can be used to pay for both the HOLISTIC-ADVICE Payments and the Spiritual Advisor Fees upon redemption. One (1) HOLISTIC-ADVICE Credit represents one (1) pound sterling.
·HOLISTIC-ADVICE Credit Redemption Notice as per clause 3.11.
·HOLISTIC-ADVICE Credit Top-Up Prompt as per clause 3.12.
·HOLISTIC-ADVICE Login refers to Your unique username and password.
·HOLISTIC-ADVICE Payments means the amounts payable by You to HOLISTIC-ADVICE in consideration for the provision of the HOLISTIC-ADVICE Services to You, as set out on the Site.
·HOLISTIC-ADVICE Services includes the provision of an online platform i.e. a website whereupon HOLISTIC-ADVICE provides an online marketplace for Clients to contact Spiritual Advisors, the Site plus a database of Spiritual Advisors, back office support including customer services, billing, website and IT services including the use of the virtual Session space.
·HOLISTIC-ADVICE Wallet refers to the online electronic wallet which holds Client’s HOLISTIC-ADVICE Credits.
·Recordings refer to the recording of any Session or Instant Help Session which can be accessed and viewed for up to one (1) month thereafter.
·Referral Discount Code refers to the promotional discount code that HOLISTIC-ADVICE may provide to registered clients to pass on to new prospective new clients.
·Refund Request Notification refers to the email Client must send to HOLISTIC-ADVICE to request a refund of the funds held in the HOLISTIC-ADVICE Wallet by way of HOLISTIC-ADVICE Credits as referred to at clause 3.14.
·Selection Criteria means the selection criteria as set out on the Site.
·Selection Process refers to the process determined by HOLISTIC-ADVICE from time to time whereby Spiritual Advisors may be selected to offer Advisoring Services to Clients by accessing and using the Site and the HOLISTIC-ADVICE Services.
·Service Fee a per transaction booking fee charged to Client when booking a session. This is paid either when booking a Session or purchasing HOLISTIC-ADVICE Credits to be used to book a Session.
·Services refer to both the HOLISTIC-ADVICE Services and the Advisoring Services provided by the Spiritual Advisor.
·Sign Up means registering on the Site as a Client set out in clause 3.4.
·Site means a website owned and managed by HOLISTIC-ADVICE including www.Holistic-Advice.com.
·Client means a person using the HOLISTIC-ADVICE Services to receive Advisoring Services.
·Spiritual Advisor means a registered Spiritual Advisor who has been selected to join the HOLISTIC-ADVICE community of Spiritual Advisors and who wish to offer Advisoring Services to clients using the HOLISTIC-ADVICE Services to do so.
·Spiritual Advisor Fees means the amounts payable by You to the Spiritual Advisor for the Advisoring Services, as set out on the Site.
·Spiritual Advisor Mail means the internal email system available for Clients to contact Spiritual Advisors and vice versa via the Site.
·Session(s) refers to the online pre-booked Advisoring session which is booked by a Client with a Spiritual Advisor via the Site.
·Advisoring Services means the provision of online Advisoring by a Spiritual Advisor by way of individual Session in real-time and Instant Help Sessions, suitably tailored to meet the individual requirements of the Clients including access to the Recordings.
·Advisoring Terms means the contract between You and the Spiritual Advisor for the provision of the Advisoring Services, as set out in Schedule 1.
·UGC means user generated content provided (including Materials as defined), uploaded, embedded or otherwise displayed and/ or stored on the Site by the Client for the purposes of using or accessing the Services which may include but are not limited to Your profile, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on the Site for Your use and for use by HOLISTIC-ADVICE and a Spiritual Advisor.
·VAT means value added tax chargeable under Swiss law for the time being and any similar additional tax.
·Written Notice means any notice given under this Agreement shall be in served by e mail by HOLISTIC-ADVICE to the address submitted to the Client’s account to HOLISTIC-ADVICE at Info@holistic-advice.com.
·You means either Client as the context requires.
3. Client registration and HOLISTIC-ADVICE Services
3.1 There is a two-step approach to signing up to the Site.
3.2 If You are a Client who is over eighteen (18) years of age,you will be required to register as a Client.
3.3 During Sign Up, in order to provide You with maximum protection, You will be asked to input Your username (which will be Your email address) and You will be asked to choose a password to access Your Account on the Site and to benefit from the Services in accordance with these Client Terms.
You will keep Your password relevant to the Site and the Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your username and password which shall represent Your HOLISTIC-ADVICE Login. We do not have the means to check the identities of all people using the Site and will not be liable where Your username and/or password are used by someone else. You agree to notify HOLISTIC-ADVICE immediately by email to Info@holistic-advice.com of any unauthorised use of Your Account of which You become aware (with “IMPORTANT – PASSWORD” in the subject line).
3.4 You will not create additional Accounts for the purpose of abusing the functionality of the Site or other registered Clients or for any other reason in breach of this Agreement.
3.5 Once You have secure logins to the HOLISTIC-ADVICE Site, You will then be required to complete Your registration by telling us some basic information about You and the subjects You wish to receive Advisoring Services for by using our simple online form (“Registration”).
3.6 Completing Registration will give You access to protected areas of the Site.
You can select potential Spiritual Advisors by reviewing their personal details, and viewing their introductory video. If applicable, You may read Client Ratings from others who have previously been a client of that Spiritual Advisor.
3.7 You have the option to book a Meet The Spiritual Advisor Session.
3.8 If You decide then to make a booking, the first Session can be arranged during Your Meet The Spiritual Advisor Session or via Spiritual Advisor Mail.
When You book Your Session on the Site, You will be given the opportunity to identify and correct any errors with Your information before You make payment. You will then be required to make payment in accordance with clause 6. If Your payment is successful, We, on behalf of Spiritual Advisors, will accept and complete Your order by sending You an order confirmation to the email You used during Sign Up to indicate acceptance of Your offer and the conclusion of a binding and legally enforceable Contract for the supply of the Services in accordance with these Client Terms. Payment can only be made from the Client’s Account. Clients can request single Session or sets of Session with a Spiritual Advisor.
3.9 Clients can purchase Advisoring Services on a pay-as-You-go basis or by purchasing HOLISTIC-ADVICE Credits.
One (1) HOLISTIC-ADVICE Credit represents one (1) pound sterling.
HOLISTIC-ADVICE Credits are held in the Client’s HOLISTIC-ADVICE Wallet and can be redeemed against the purchase of HOLISTIC-ADVICE Services from HOLISTIC-ADVICE or Advisoring Services from a Spiritual Advisor. Provided that You have sufficient HOLISTIC-ADVICE Credits in Your HOLISTIC-ADVICE Wallet, the requisite number of HOLISTIC-ADVICE Credits payable shall be deducted from Your HOLISTIC-ADVICE Wallet automatically upon the booking of a Session and the balance of HOLISTIC-ADVICE Credits in Your HOLISTIC-ADVICE Wallet shall be reduced accordingly. When Advisoring Services are paid for by using HOLISTIC-ADVICE Credits from Your HOLISTIC-ADVICE Wallet, Client will receive notification of this by email (“HOLISTIC-ADVICE Credit Redemption Notice”).
3.10 In the event that Your HOLISTIC-ADVICE Wallet contains no HOLISTIC-ADVICE Credits or insufficient HOLISTIC-ADVICE Credits, We will send You notice of this (“HOLISTIC-ADVICE Credit Top-Up Prompt”).
3.11 You may request a refund for unused HOLISTIC-ADVICE Credits in Your HOLISTIC-ADVICE Wallet (excluding any Additional HOLISTIC-ADVICE Credits as defined which shall have no cash equivalent and shall not be refundable or capable of being withdrawn other than by means of a redemption in respect of Advisoring Services) at any time.
3.12 You must provide Your request by email to Info@holistic-advice.com and include all Your bank details i.e. Your full name, sort code and account number (“Refund Request Notification”).
Your refund shall be made within fourteen (14) days of HOLISTIC-ADVICE’s receipt of Your Refund Request Notification which will then be subject to the timescales imposed by Your banking clearing systems.
3.13 If You have not used Your HOLISTIC-ADVICE Credits within 6 months of their purchase we will make reasonable attempts to contact You in order to refund unused credits.
If You do not response to us within a month of contacting You HOLISTIC-ADVICE will no longer be obliged to refund unused HOLISTIC-ADVICE Credits, and these shall be deemed to be forfeited by You.
3.14 HOLISTIC-ADVICE reserves the right to suspend or terminate Your ability to purchase new Advisoring Services , and this Agreement at any time and for any reason without liability to HOLISTIC-ADVICE, HOLISTIC-ADVICE shall refund any unused HOLISTIC-ADVICE Credits if this happens.
3.15 Where terminated, Your HOLISTIC-ADVICE Login and Account shall be deactivated.
HOLISTIC-ADVICE reserves the right to terminate this Agreement and the Services after a six (6) month long continuous period of inactivity which means that You will no longer be permitted to use the HOLISTIC-ADVICE Services to purchase Advisoring Services via the Site. You will not be permitted to re-access the Site and the HOLISTIC-ADVICE Services without HOLISTIC-ADVICE’s express written permission.
4.1 When You use the Site and the HOLISTIC-ADVICE Services and when You book and accept the Advisoring Services, You must comply with any requirements as directed by HOLISTIC-ADVICE and the Spiritual Advisor as amended from time to time and in accordance with these Client Terms.
In particular You agree:
4.1.1 to provide all service, telephony and/or other fees and costs associated with Your access to and use of the Services;
4.1.2 to obtain and maintain all Client Tools to use and access the Services in accordance with the clauses 5.2, 5.3 and 5.4.
Any problem concerning a technical issue regarding a Client’s personal computer or internet service provider is not the responsibility of HOLISTIC-ADVICE. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;
4.1.3 to buy, keep up to date and pay for the latest available version of security software to protect against the transmission of viruses and other computer malware during Your access to and use of the Services;
4.1.4 to provide promptly and give to the Spiritual Advisor all such information as they may reasonably require in connection with the provision of the Services;
4.1.5 to notify HOLISTIC-ADVICE immediately should the Client become ill or otherwise unable to take part on a Session in any way and unable to attend Your Session.
HOLISTIC-ADVICE can notify any Spiritual Advisor on Your behalf if You have not already done so;
4.1.6 to be solely responsible in assessing the suitability of a Spiritual Advisor to deliver the Advisoring Services and the accuracy of their stated credentials, expertise, references, CRB/DBS (where applicable).
CRB/DBS and any qualification of the Spiritual Advisor is self-certified by the Spiritual Advisor and is not verified, validated or checked by HOLISTIC-ADVICE;
4.1.7 to contact a Spiritual Advisor via Spiritual Advisor Mail and HOLISTIC-ADVICE instant messaging facility via the Site only.
Other means of communication is prohibited;
4.1.8 not to act as an agent to promote the services or opportunities of a company; and,
4.1.9 not to publish any abusive comments about a Spiritual Advisor or another Client on the Site or any other place including defamatory or derogatory comments.
5. HOLISTIC-ADVICE obligations
5.1 In consideration of the HOLISTIC-ADVICE Payments, HOLISTIC-ADVICE agrees to:
5.1.1 provide the HOLISTIC-ADVICE Services with all due care, skill and ability and in a timely manner and in the best interests of the Client and the Spiritual Advisor;
5.1.2 provide promptly and give to the Client all such information as they may reasonably require in connection with the provision of the HOLISTIC-ADVICE Services.
5.2 You are responsible for validating the proper functioning of the Client Tools during the free meeting where necessary.
5.3 In exceptional cases, there may be other reasons relating to incompatibility or otherwise as to why You may be unable to successfully validate and access the Services.
5.4 HOLISTIC-ADVICE uses all reasonable endeavours to make the Services available to all and where this is not possible for any reason whatsoever, HOLISTIC-ADVICE shall not be responsible nor liable to You as a result of any act or omission on Your part relating to Your inability to access the Services in whole or in part including but not limited to:
5.4.1 resultant feedback (echos), audio break-ups, video or sound delays;
5.4.2 Your failure to use and configure the prescribed headset and microphone;
5.4.3 Your failure to at least meet the minimum system requirements.
5.5 You acknowledge and accept that from time to time, You may experience entire or partial failure of Your video during a Session due to fluctuations or insufficient bandwidth and under such circumstances, You agree that the Session shall continue without video and confirm that this is acceptable to You in all circumstances.
5.6 For the avoidance of doubt, You will not receive a full or partial refund for bandwidth-related interferences.
6. HOLISTIC-ADVICE Payments and Spiritual Advisor Fees
6.1 You will pay HOLISTIC-ADVICE the HOLISTIC-ADVICE Payments for the provision of the HOLISTIC-ADVICE Services. If You have sufficient HOLISTIC-ADVICE Credits in Your HOLISTIC-ADVICE Wallet when booking a Session, payment of the HOLISTIC-ADVICE Payments will be taken by HOLISTIC-ADVICE in accordance with clause 3.11. If you are purchasing the HOLISTIC-ADVICE Services on a pay-as-You-go basis, payment of the HOLISTIC-ADVICE Payment will be taken at the time of booking.
6.2 You will pay the Spiritual Advisor the Spiritual Advisor Fees for the provision of the Advisoring Services. The Spiritual Advisor Fees will be collected from You by HOLISTIC-ADVICE on behalf of the Spiritual Advisor. If You have sufficient HOLISTIC-ADVICE Credits in Your HOLISTIC-ADVICE Wallet when booking a Session, payment of the Spiritual Advisor Fees will be taken by HOLISTIC-ADVICE on behalf of the Spiritual Advisor in accordance with clause 3.11. If you are purchasing the HOLISTIC-ADVICE Services on a pay-as-You-go basis, payment of the Spiritual Advisor Fees will be taken at the time of booking.
6.3 In addition to the HOLISTIC-ADVICE Payments, HOLISTIC-ADVICE may charge a small Service Fee to Clients.
6.4 Where applicable, this Service Fee is 1.75% and will be a minimum of 50 pence and a maximum of £2.50 per Session booking (including VAT), and is non-refundable. For customers from outside the EU the Service Fee will be 3.5%. This will be a minimum of £1 and maximum £5.00. The Service Fee is paid either when booking a Session or purchasing HOLISTIC-ADVICE Credits to be used to book a Session session. For the avoidance of doubt the Service Fees are not also payable upon the redemption of HOLISTIC-ADVICE Credits.
6.5 Client shall pay to HOLISTIC-ADVICE the HOLISTIC-ADVICE Payments, the Spiritual Advisor Fees and the Service Fee by any means made available via the Site from time to time.
6.6 The HOLISTIC-ADVICE Payments will be inclusive of VAT. Your Spiritual Advisor will not be VAT registered and will not charge You VAT for the Advisoring Services.
6.7 All prices relating to HOLISTIC-ADVICE Services, Advisoring Services and Service Fees are subject to change by HOLISTIC-ADVICE which shall become effective immediately upon posting on the Site and will be applicable to all bookings made thereafter.
7.1 You may only access the Site and use the Services for lawful purposes.
7.2 You are responsible for complying with any and all laws, rules, and regulations relating to Your use of the Services.
7.3 You agree that You will treat the Spiritual Advisors with respect and not use obscenities, make threats, or discuss matters other than those directly related to the subject of the Session.
7.4 Save for where it may be deemed necessary as in clause 11, You agree that You will not disclose any information to a Spiritual Advisor that could be considered personally identifiable information including Your address, telephone number, email address, National Insurance number, password or any other information that could be used to identify or locate You.
7.5 A violation of this Agreement may lead to a suspension of Your Account and a termination of this Agreement.
Notwithstanding this clause, it is understood that HOLISTIC-ADVICE will pass Your name on to Your Spiritual Advisor to enable You to use the Services.
7.6 You agree that You will not solicit any such information from any Spiritual Advisor, and agree that if any Spiritual Advisor ever discloses such information to You, asks You for any personal information, or suggests any offline meeting or conversation, You will immediately report this to us.
7.7 You acknowledge that we may screen UGC and that we shall have the right (but not the obligation), in our sole discretion, to remove any UGC.
7.8 We may terminate any Session where we consider, in our sole discretion, that You are uploading or otherwise transmitting inappropriate content.
We also have the right to remove any UGC that violates these Client Terms or is otherwise, in HOLISTIC-ADVICE’s sole opinion, objectionable or in any way offensive.
7.9 You shall not, without the prior written consent of HOLISTIC-ADVICE, at any time from the date of commencement of these Client Terms to the expiry of six (6) months after termination of these Client Terms whereupon Your Account and HOLISTIC-ADVICE Login are deactivated, solicit or encourage one to one tuition or other tuition services either in person or online to a person who is, or has been, a Spiritual Advisor introduced to You by HOLISTIC-ADVICE.
8.1 When using the Services, if You publish any UGC via the Site by way of uploading text, images or videos or contributing to publicly accessible areas of the Site, You automatically grant:
8.1.1 to HOLISTIC-ADVICE and the Spiritual Advisor, a worldwide, non-exclusive, royalty-free, perpetual, transferable license (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the Services, including without limitation the reproduction and sale of the UGC, or any part of it, and products incorporating the same for use by any person anywhere in the world including promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels;
8.1.2 to each user of the Services whether registered as a Spiritual Advisor or Client or not, a worldwide, non-exclusive, perpetual, royalty-free license to access Your UGC through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the Services and under the terms of this Agreement.
8.2 "Publicly accessible" areas of the Site are intended by HOLISTIC-ADVICE to be those parts of the Site that are available to all of those visiting the Site whether registered on the Site or not.
8.3 You acknowledge that all Session You participate in may be recorded and You agree to the storage and use of such Recordings by HOLISTIC-ADVICE.
8.4 You agree that any UGC You contribute to Session or to the Site and/ or Services in general will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal agreement or permission from the rightful owner, or are otherwise legally entitled to use the UGC in question and to grant the licenses referred to in clause 8.1.1 and 8.1.2.
8.5 All Intellectual Property Rights in all Materials produced by the Spiritual Advisor pursuant to the performance of the Advisoring Services shall be the property of the Spiritual Advisor.
8.6 The Intellectual Property Rights contained on the HOLISTIC-ADVICE Site cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without HOLISTIC-ADVICE’s written permission.
8.7 You acknowledge that all Intellectual Property Rights in and relating to HOLISTIC-ADVICE are owned by HOLISTIC-ADVICE or HOLISTIC-ADVICE’s licensors.
9. Cancellations, rescheduling, no-show
9.1 This clause shall not apply to any cancellation or termination of a Session under clause 13.2.
9.2 Your rights to cancel the Advisoring Services are set out in the Advisoring Terms in Schedule 1.
10.1 It is a feature of the Site and the HOLISTIC-ADVICE Services that the Client will leave Client Ratings.
10.2 During the last five (5) minutes of a Session session, a Spiritual Advisor may complete feedback or comments or suggestions for You (which You will be able to access via Your Account).
10.3 A Spiritual Advisor or a Client can report or raise any issues or concerns that they might have with the other at any time.
10.4 Whether such feedback is complimentary or more similar to a Dispute, HOLISTIC-ADVICE will have full discretion as to whether they inform the other of such feedback.
Where deemed necessary, HOLISTIC-ADVICE is entitled to carry out an investigation upon receipt of such feedback or comments and in exceptional cases, HOLISTIC-ADVICE is entitled to suspend the HOLISTIC-ADVICE Services until an investigation is carried out and may in exceptional cases be entitled to terminate Your Agreement forthwith under clause 13.
11. Data protection and privacy
11.1 In respect of any Personal Data (as defined in the Data Protection Legislation) processed by HOLISTIC-ADVICE and the Spiritual Advisor pursuant to these Client Terms, both parties warrant that they shall comply and will continue to comply with the Data Protection Legislation.
11.2 You acknowledge that You have read and understand HOLISTIC-ADVICE’s Privacy Policy and Cookie Policy.
11.3 You hereby agree that by releasing any Personal Data as submitted by You on the Site, You acknowledge that You are wilfully providing Your Personal Data for the purpose of receiving the Services.
11.4 You understand that by accepting these Client Terms, You agree that HOLISTIC-ADVICE and the Site are not responsible for any advice or information given by a Spiritual Advisor.
12.1 All Disputes reported to HOLISTIC-ADVICE by a Client (or by a Spiritual Advisor) via the Site will be investigated by HOLISTIC-ADVICE.
12.2 The parties agree that they shall attempt in good faith to resolve any Dispute promptly through negotiations between You and an officer of HOLISTIC-ADVICE.
HOLISTIC-ADVICE will use all reasonable endeavours to provide a written response via email to any issue raised by a Client or a Spiritual Advisor via the Site within fourteen (14) days. HOLISTIC-ADVICE reserves the right to inform a Spiritual Advisor or a Client respectively of any Dispute raised against them and to provide them with a copy of any response provided by HOLISTIC-ADVICE.
12.3 During any given Contract, You must inform HOLISTIC-ADVICE immediately and in any event, within forty eight (48) hours, of any Dispute You may have with a Spiritual Advisor in connection with the provision of the Spiritual Advisoring Services rendered by a Spiritual Advisor or otherwise.
12.4 You agree to cooperate fully with HOLISTIC-ADVICE in resolving any Dispute with a Spiritual Advisor.
12.5 HOLISTIC-ADVICE reserves the right to suspend Your Account with immediate effect while an investigation is conducted.
Your Account may be reactivated once an investigation has been completed.
12.6 The outcome of any investigation instigated by You or a Spiritual Advisor is entirely at HOLISTIC-ADVICE’s discretion, acting reasonably.
13.1 Subject to 13.2, these Client Terms shall commence on the date We activate Your Account on the Site and shall continue unless terminated with immediate effect (without compensation) upon either party serving Written Notice on the other or, if the Client is committed to an existing Contract, upon the conclusion of the existing Contract provided that HOLISTIC-ADVICE has no objections.
You agree that by entering into this contract You are waiving Your statutory cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) and agree for the Services to start on the Deemed Start Date.
13.2 HOLISTIC-ADVICE may terminate this Agreement with You immediately without compensation or Written Notice by ending Your access to the Services if You commit a breach of any of these Client Terms, or if:
13.2.1 any information provided by You is found to be untrue, inaccurate, out-of-date, or incomplete;
13.2.2 You act in any way that has brought, or could bring, HOLISTIC-ADVICE in to disrepute; or,
13.2.3 You do not show up at a Session without having cancelled it or You repeatedly cancel Session.
13.3 In the event of any such termination, Client shall pay for all Advisoring Services already successfully delivered and which are not the subject of a Dispute as at the date of termination and neither HOLISTIC-ADVICE nor the Spiritual Advisor shall be liable for any Losses incurred by You after the date of termination.
13.4 You can always end Your contract with us.
Your rights when You end the Spiritual Advisor Term will depend on how the Spiritual Advisor is performing and when You decide to end the contract:
13.4.1 If the HOLISTIC-ADVICE Services have been misdescribed You may have a legal right to end the Agreement (or the HOLISTIC-ADVICE Services re-performed or to get some or all of Your money back);
13.4.2 If You want to end the Agreement with HOLISTIC-ADVICE because of something HOLISTIC-ADVICE has done or have told You HOLISTIC-ADVICE is going to do, which is not in line with this Agreement.
13.6 You can do this by sending us written notice.
14. Warranties and indemnities
14.1 As a Client, You hereby warrant, represent and undertake to HOLISTIC-ADVICE and Spiritual Advisor that:
14.1.1 Client is at least eighteen (18) years of age to register on the Site;
14.1.2 You are personally responsible for the information posted by You on the Site and submitted throughout Sign Up and Registration which You shall ensure is accurate, true, up-to-date and complete at all times during;
14.1.3 You are wholly responsible for the appropriateness and the content of any UGC used and/ or submitted by You during Your Contract. No UGC will be offensive or defamatory;
14.1.4 You will comply with all the Client obligations set out at clauses 4 and 5.2;
14.1.5 Whilst this contract is in force You will only ever contact a Spiritual Advisor via the Site;
14.1.6 You agree at all times to comply with the provisions of the Data Protection Legislation;
14.1.7 You agree to comply with all applicable laws, regulations and codes of practice which regulate the activities of the online environment;
14.1.8 You will protect Your unique password in accordance with clause 3.5.
14.1.9 You accept full responsibility for any Disputes raised as a result of issues connected to the performance or non-performance of Your HOLISTIC-ADVICE Tools affecting Your proper access to the Advisoring Services;
14.1.10 You have read, understood and familiarised Yourself with our Safeguarding Policies and Procedures which can be accessed here in respect of child protection and online safety.
14.2 You shall indemnify and hold harmless HOLISTIC-ADVICE (and any Spiritual Advisor as the case may be) on demand, and shall keep HOLISTIC-ADVICE (and any Spiritual Advisor) fully and effectively indemnified against any and all Losses arising out of or in connection with:
14.2.1 the Services;
14.2.2 any breach of these Client Terms or breach of obligation or warranty by You or the acts or omissions of You (other than and to the extent that any losses arise directly from breach of these Client Terms by HOLISTIC-ADVICE or by HOLISTIC-ADVICE’s negligence); and
14.2.3 any and all claims, complaints or legal proceedings instigated by a Spiritual Advisor against You.
15.1 You agree that subject to clause 15.2, We shall in no circumstances be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the Services.
15.2 Our liability to You whether in contract, tort or otherwise shall in no circumstances exceed the total HOLISTIC-ADVICE Payments paid by You in the one (1) month preceding the date on which the liability arose.
15.3 Nothing in these Client Terms is intended nor shall it be construed as an attempt by any party to exclude or limit its liability for any liability which cannot be excluded or limited under applicable law, including without limitation:
15.3.1 death or personal injury caused by negligence;
15.3.2 fraud or fraudulent misrepresentation; and
15.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
15.4 For clarification, the HOLISTIC-ADVICE Services are primarily (but not exclusively) designed to be used within the territory of the Switzerland and except as expressly set out in this Agreement, HOLISTIC-ADVICE gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.
16.1 Assignment: You shall not, without the prior written consent of HOLISTIC-ADVICE, assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations under these Client Terms.
HOLISTIC-ADVICE may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Client Terms.
16.2 Enforceability: If any one or more of the provisions of these Client Terms should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired and the parties shall amend these Client Terms to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.
16.3 Entire Agreement: These Client Terms together with our Privacy Policy, the Cookie Policy and the Terms of Service constitutes the entire agreement between You and HOLISTIC-ADVICE in relation to Your use of the Site and the Services and supersedes any prior representations, inducements or agreements relating to its subject matter.
Each of the parties acknowledge and agree that in entering into the terms of this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement other than as expressly set out in this Agreement.
16.4 Neither Spiritual Advisors or Clients have the power to bind HOLISTIC-ADVICE in any way in respect of the obligations of the one to the other.
16.5 No Partnership: Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose.
16.6 We keep our statement under regular review.
These Client B2C Terms were last updated on 22 March 2022.
1. These terms
1.1 What these terms cover.
These are the terms and conditions on which Your chosen Spiritual Advisor will supply Advisoring Services to You. Words used in these terms will have the same meaning as set out in the Client Terms which apply between You and Holistic-Advice which apply to Your use of the Site.
1.2 Why You should read them.
Please read these terms carefully before You place a booking to book Advisoring Services with the Spiritual Advisor. These terms tell You who the Spiritual Advisor is, how the Spiritual Advisor will provide Advisoring Services to You, how You and the Spiritual Advisor may change or end the contract, what to do if there is a problem and other important information. If You think that there is a mistake in these terms, please contact the Spiritual Advisor to discuss.
2. Information about us and how to contact us
2.1 Who the Spiritual Advisors are.
The Spiritual Advisor details are set out www.holistic-advice.com in their online profile. Your booking for Advisoring Services is booking is made using the Site, but You are entering into this contract with the Spiritual Advisor to deliver Advisoring Services. In all other respects the Client terms apply to these Spiritual Advisor Terms. If there is any conflict between the Client Terms and these Spiritual Advisor Terms, the terms of the Spiritual Advisor Term will apply.
2.2 How to contact the Spiritual Advisor.
You can contact the Spiritual Advisor through the Site and neither of us should exchange any personal contact details.
2.3 How the Spiritual Advisor may contact You.
If the Spiritual Advisor has to contact You, they will do so by using the Site.
2.4 “Writing” includes emails.
Where the Spiritual Advisor use the words “writing” or “written” in these terms, this includes emails.
3. The Spiritual Advisor’s contract with you
3.1 How the Spiritual Advisors will accept Your booking.
Acceptance of Your booking for Advisoring Services will take place when the Spiritual Advisor accepts it on the Site, at which point a contract will come into existence between You and the Spiritual Advisor. This impacts Your right to cancel and is further explained in clause 4.1.
3.2 If the Spiritual Advisor cannot accept Your booking.
If the Spiritual Advisor is unable to accept Your booking, the Spiritual Advisor will inform You of this using the Site.
4. Cancellations, rescheduling and no shows
4.1 You confirm and agree that the Advisoring Services start when the Spiritual Advisor has reserved a time slot and use of the Site for the Advisoring Services and as such, You acknowledge and agree that the Advisoring Services shall start on the date You make Your booking (the “Service Start Date”). You agree that by entering into this contract You are waiving Your statutory cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) and agree for the Services to start on the Deemed Start Date.
4.2 Without affecting clause 4.1, before You pay Your Spiritual Advisor Fees to HOLISTIC-ADVICE (which must be as soon as possible before to the start time and date of the Session), a Client shall be entitled to cancel the Advisoring Services ordered. Once You have paid the Spiritual Advisor Fees and booked a Session, if the Client wishes to cancel the Advisoring Services ordered, the following cancellation provisions and charges shall apply:
4.2.1 if cancelled or rescheduled within twenty-four (24) hours of the Session start date and time, You shall forfeit 100% of the Spiritual Advisor Fees payable, and these shall not be re credited to Your HOLISTIC-ADVICE Wallet; or,
4.2.2 if cancelled in excess of twenty-four (24) hours prior to the Session start date and time, You will be offered either:
4.2.3 a re-scheduled Session;
4.2.4 or failing agreement on that, Your HOLISTIC-ADVICE Wallet will be credited with the full equivalent amount of the HOLISTIC-ADVICE Credits.
4.3 All Session cancellations (and any credit requests or requests to re-schedule) must be made directly via the Site and in writing to Info@holistic-advice.com (with “IMPORTANT – CANCELLATION REQUEST” or like message in the subject line) (“Cancellation Notification”).
4.4 A credit granted under clause 4.2.4 to Your HOLISTIC-ADVICE Wallet is subject to You following the notification process in this clause.
4.5 If You simply do not show up to Your Session and You do not notify the Spiritual Advisor via the Site as set out above, You will not be entitled to a credit in whole or in part under any circumstances.
4.6 Where there has been a Cancellation Notification of a Session by a Client under clause 4, the equivalent Spiritual Advisor Fees shall be credited back to Your HOLISTIC-ADVICE Wallet by HOLISTIC-ADVICE in the form of HOLISTIC-ADVICE Credits within three (3) days of receipt of Your Cancellation Notification.
5. Your obligations
5.1 When You use the Site and the Advisoring Services, You must comply with any requirements as directed by HOLISTIC-ADVICE and the Spiritual Advisor which we let You know about on the Site in accordance with these Spiritual Advisor Terms. You agree:
5.1.1 to provide all service, telephony and/or other fees and costs associated with Your access to and use of the Advisoring Services;
5.1.2 to obtain and maintain all necessary equipment to use and access the Services including the use of a computer, recommended browser, webcam, a broadband internet connection (with sufficient bandwidth), a sound card and a headset and microphone (the “Client Tools”). Any problem concerning a technical issue with the Client Tools are not the responsibility of HOLISTIC-ADVICE or the Spiritual Advisor. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;
5.1.3 to buy, keep up to date and pay for the latest available version of security software to protect against the transmission of viruses and other computer malware during Your access to and use of the Advisoring Services;
5.1.4 to provide promptly and give to the Spiritual Advisor all such information as they may reasonably require in connection with the provision of the Advisoring Services;
5.1.5 to notify the Spiritual Advisor immediately should the Client become unable to attend Your Session in any way for example, due to illness or injury. and cancel the Session using the Site;
5.1.6 to be solely responsible in assessing the suitability of a Spiritual Advisor to deliver the Advisoring Services and the accuracy of their stated credentials, expertise, references. CRB/DBS (where applicable). CRB/DBS is self-certified by the Spiritual Advisor and is not verified, validated or checked by HOLISTIC-ADVICE and any qualifications;
5.1.7 to contact a Spiritual Advisor via Spiritual Advisor Mail and HOLISTIC-ADVICE instant messaging facility via the Site only. Do not use any other means of communication with the Spiritual Advisor;
5.1.8 not to act as an agent to promote the services or opportunities of a company; and,
5.1.9 not to publish any abusive comments about a Spiritual Advisor or any Client on the Site or any other place including defamatory or derogatory comments.
5.2 You are solely responsible for checking that Your Client Tools work and for carrying out any action needed to fix them.
5.3 Client warrants, represents and undertakes to the Spiritual Advisor that:
5.3.1 the Client is at least eighteen (18) years of age to register separately on the Site;
5.3.2 You are wholly responsible for the appropriateness and the content of any UGC used and/or submitted by You when using the Site at Session Services. No UGC will be offensive or defamatory.
5.4 Whilst this contract is in force You will only ever contact a Spiritual Advisor via the Site.
6. Spiritual Advisor obligation
6.1 The Spiritual Advisor will perform the Advisoring Services using all good skill and care and shall promptly attend each Session.
6.2 You can always end Your contract with the Spiritual Advisor.
Your rights when You end the Spiritual Advisor Term will depend on how the Spiritual Advisor is performing and when You decide to end the contract:
6.2.1 if the Advisoring Services have been misdescribed You may have a legal right to end the contract (or the Advisoring Services re-performed or to get some or all of Your money back);
6.2.2 if You want to end the contract because of something the Spiritual Advisor has done or have told You the Spiritual Advisor is going to do, which is not in line with this Contract;
6.2.3 if You have just changed Your mind about Advisoring Services (see 4.2).
7. Spiritual Advisor Fees
7.1 The provision of the Advisoring Services by the Spiritual Advisor is subject to your payment of the Spiritual Advisor Fees to the Spiritual Advisor.
7.2 HOLISTIC-ADVICE will collect the Spiritual Advisor Fees from You on the Spiritual Advisor’s behalf as set out in the Client Terms.
8. Your rights to end the contract
8.1 Ending the contract because of something we have done or are going to do.
If You are ending a contract for a reason set out at in clause 6.2.1 and 6.2.2, or this clause 7.1 or 7.2 below the Spiritual Advisor Term will end immediately and HOLISTIC-ADVICE will refund any HOLISTIC-ADVICE credits to Your HOLISTIC-ADVICE Wallet in respect of the Advisoring Services in question; as agreed between You and the Spiritual Advisor, which have not been provided. The reasons are:
8.1.1 there is a risk that supply of the Advisoring Service may be significantly delayed because of events outside our control;
8.1.2 You have a legal right to end the contract because of something the Spiritual Advisor has done wrong.
8.2 Exercising Your right to change Your mind (Consumer Contracts Regulations 2013).
For most products bought online You have a legal right to change Your mind within 14 days and receive a refund.
8.3 When You don't have the right to change Your mind.
You do not have a right to change Your mind in respect of Advisoring Services, once these have been completed, even if the cancellation period is still running, as set out in clause 4.2.
Summary of Your legal rights. HOLISTIC-ADVICE and the Spiritual Advisor are under a legal duty to supply HOLISTIC-ADVICE Services and Advisoring Services that are in conformity with this contract. See the box below for a summary of Your key legal rights. Nothing in these terms will affect Your legal rights.
Summary of Your key legal rights
This is a summary of Your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If Your product is services, for example use of the Site or the delivery of a Session, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If You haven't agreed a price beforehand, what You're asked to pay must be reasonable.
c) If You haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also Schedule 1 paragraph 4 regarding Your right to change Your mind.
These terms and conditions, herein referred to as the “Spiritual Advisor Terms” set out the terms and conditions under which Holistic-Advice , a company registered in Switzerland herein referred to as “HOLISTIC-ADVICE” or “We” grants to the Spiritual Advisor, a licence to access and use HOLISTIC-ADVICE’s virtual online platform (available via the Site) which is dedicated to facilitating the sourcing of Spiritual Advisors by Clients (the “Agreement”). You may download a copy of these Spiritual Advisor Terms here: Holistic-Advice and Holistic-Advice.com are the trading names of Holistic-Advice .
In these Spiritual Advisor Terms, references to “Spiritual Advisor” and “You” and “Your” are references to the Spiritual Advisor registered on the Site who wishes to use the HOLISTIC-ADVICE Services in order to provide Advisoring Services. When You use the Site and the HOLISTIC-ADVICE Services, You agree that these Spiritual Advisor Terms apply to that use in addition to any other terms and conditions which may apply including the Privacy Policy, the Cookie Policy and the Terms of Service (where applicable) which are incorporated by this reference. If You are uncertain as to Your rights under these Spiritual Advisor Terms or You want any explanation about them please contact us.
1. Your agreement with Holistic-Advice
1.1 These Spiritual Advisor Terms apply to Your use of the Site and the HOLISTIC-ADVICE Services.
By using the Site and the HOLISTIC-ADVICE Services, You accept these Spiritual Advisor Terms in full. HOLISTIC-ADVICE reserves the right to change the terms of these Spiritual Advisor Terms (or any part) at any time, by giving You not less than 15 days’ written notice of such changes. We will let you know if we make any such changes, and you can let us know within the 15 day notice period if you do not wish to accept the revised terms and prefer to end this Agreement with HOLISTIC-ADVICE. If you continue to provide Advisoring Services through the Site during this notice period, we are entitled to assume that you have accepted any changes.
1.2 Read these terms carefully and ensure that You understand their effect before proceeding to use the Site and HOLISTIC-ADVICE Services.
If You disagree with any part of the Spiritual Advisor Terms, do not use the Site or the HOLISTIC-ADVICE Services.
2.1 Unless the contrary intention appears, the following definitions shall apply:
·Account means the secure account(s) created by You on sign up which holds Your personal information and profile and from where You can access the HOLISTIC-ADVICE Services via Your HOLISTIC-ADVICE Login.
·Additional HOLISTIC-ADVICE Credits refers to credits that are credited to Client’s Account by HOLISTIC-ADVICE as a result of e.g. the distribution of a Referral Discount Code, any offer, a goodwill gesture or similar gifting/ promotion. Such shall have no cash equivalent, shall not be refundable or capable of being withdrawn by a Spiritual Advisor other than by means of a redemption in respect of Advisoring Services.
·Client means a person using the Site for the provision of Advisoring Services,.
·Client Contract means the contract between the Client and You.
·Client Ratings means the ratings left by a Client on the Site in response to the performance of the Advisoring Services by a Spiritual Advisor which is scored on a 1-5 star rating (1 being poor; 5 being outstanding).Confidential Information means any information which is imparted or obtained under this Agreement by HOLISTIC-ADVICE to You on, before or after the commencement in confidence (whether in writing, verbally or by other means and whether directly or indirectly) or is of a confidential nature, relating to the business or prospective business, current or projected plans or internal affairs of HOLISTIC-ADVICE including, but not limited to information pertaining to Clients, logging in, Client Ratings or other feedback, HOLISTIC-ADVICE correspondence and any other commercial, financial or technical information or other information relating to the business or prospective business of HOLISTIC-ADVICE which might reasonably be considered to be confidential in nature.
·Current Account means Your bank account which will accept payments by BACS.
·Data Protection Legislation means the Data Protection Act 2018, the UK GDPR (as defined in the Data Protection Act 2018), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
·Dispute means any dissatisfaction expressed by a Client or any complaint made by a Client or any other dispute or potential dispute or claim of a Client in connection with the provision of the Advisoring Services rendered by You (or the provision of the HOLISTIC-ADVICE Services which is communicated to You).
·Intellectual Property Rights means patents, rights to inventions, copyright and related rights, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
·Losses means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
·Materials refer to content relating to the Advisoring Services (including images (audio and/or visual), text, music, trademarks, symbols, logos and slogans).
·Meet The Spiritual Advisor Session is an optional unpaid interview between You and a new Client of approximately fifteen (15) minutes duration which provides an opportunity for You to generate work and expand Your Client base.
·HOLISTIC-ADVICE Login refers to Your unique username and password.
·HOLISTIC-ADVICE Services includes the provision of an online platform i.e. a website whereupon HOLISTIC-ADVICE provides an online marketplace for Clients to contact Spiritual Advisors, the Site, technical functionality for Clients to receive Your Advisoring Services, plus a database of Spiritual Advisors, back office support including customer services, billing, website and IT services including the use of the virtual Session space.
·PoCA List refers to the Protection of Children Act.
·PoVA List and List 99 refers to the Protection of Vulnerable Adults scheme.
·Recordings refer to the recording of any Session or Instant Help Session which can be viewed for up to three (3) months thereafter.
·Refund Event means where any event where a refund of Spiritual Advisor Fees is issued to the Client by the Spiritual Advisor. Once a Session has occurred with both the Spiritual Advisor and the Client present then the Spiritual Advisor has sole discretion on whether to issue a refund to the Client in accordance with the terms of Your agreement with the Client.
·Site means a website owned and managed by HOLISTIC-ADVICE including www.Holistic-Advice.com.
·Client means a person receiving the Advisoring Services from You via the Site.
·Tools means the minimum requirements for You to be able to deliver Your Advisoring Services using the Site including the use of a computer, recommended browser, webcam, a broadband internet connection (with sufficient bandwidth), a sound card and a headset and microphone.
·Spiritual Advisor or You means a Spiritual Advisor who has been allowed access to the Site and HOLISTIC-ADVICE Services to carry out the Advisoring Services to Clients.
·Spiritual Advisor Bank Account means the bank account where Spiritual Advisor Fees are held on behalf of the Spiritual Advisor prior to the completion of the Session or Instant Help Session and HOLISTIC-ADVICE transferring the Spiritual Advisor Fees to Spiritual Advisors.
·Spiritual Advisor Fees means the amounts payable by the Client to You for the Advisoring Services.
·Session(s) refers to the online pre-booked Advisoring session which is booked by a Client with You via the Site.
·Spiritual Advisor Mail means the internal email system available for Clients to contact Spiritual Advisors and vice versa via the Site.
·Advisoring Services means the provision of online Session and Meet the Spiritual Advisor Sessions by the Spiritual Advisor by way of individual Sessions in real-time suitably tailored to meet the individual requirements of the Clients.
·UGC means user generated content provided (including Materials as defined), uploaded, embedded or otherwise displayed and/ or stored on the Site by the Spiritual Advisor for the purposes of carrying out the Spiritual Advisoring Services which may include but are not limited to, Your profile, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on, the Site for Your use and for use by HOLISTIC-ADVICE and a Client.
·VAT means value added tax chargeable under Swiss law for the time being and any similar additional tax.
·Written Notice means any notice given under this Agreement shall be sent by email, in the case of HOLISTIC-ADVICE to Info@holistic-advice.com and in the case of a Client, to the e mail address you register in your Account.
3. Becoming a Spiritual Advisor
3.1 At our discretion, we may authorise you to use the Site and the HOLISTIC-ADVICE Services to deliver the Spiritual Advisoring Services.
You agree that these Spiritual Advisor Terms apply to that use in full.
3.2 You will keep Your password relevant to the Site and the Spiritual Advisoring Services confidential and not reveal it to anyone else.
You are responsible for all activities that are carried out under Your username and password which shall represent Your HOLISTIC-ADVICE Login. We do not have the means to check the identities of all people using the Site and will not be liable where Your username and/or password are used by someone else. You agree to notify HOLISTIC-ADVICE immediately by email at Info@holistic-advice.com of any unauthorised use of Your Account of which You become aware (with “IMPORTANT – PASSWORD” in the subject line).
3.3 Where terminated, HOLISTIC-ADVICE shall deactivate Your HOLISTIC-ADVICE Login and Account promptly.
HOLISTIC-ADVICE reserves the right to terminate the HOLISTIC-ADVICE Services and access to the Site after a one (1) month long continuous period of inactivity by You, which means that You will no longer be permitted to use the Site to deliver Spiritual Advisoring Services to Clients. You will not be permitted to re-access the Site without HOLISTIC-ADVICE’s express written permission.
4. Spiritual Advisor obligations
4.1 When You make use of the Site You must comply with our reasonable directions, including those relating to the protection of Clients’ safety as amended from time to time and in accordance with these Spiritual Advisor Terms.
Such directions are in place to protect the safety Clients and Clients.
4.2 Use of the Site is entirely at Your own risk and You must exercise complete caution at all times when dealing with Clients and when entering into legally enforceable Client Contracts to provide Spiritual Advisoring Services to a Client.
4.3 You further and specifically agree to:
4.3.1 authorise HOLISTIC-ADVICE to act as your agent to agree the Client Contract on your behalf and collect Spiritual Advisor Fees;
4.3.2 provide HOLISTIC-ADVICE with Your Current Account details which must be held in the Spiritual Advisor’s name;
4.3.3 assume all responsibility for Your role as Spiritual Advisor and for the provision of Spiritual Advisoring Services to the Client which includes the preparation and content of Sessions;
4.3.4 advise HOLISTIC-ADVICE at the earliest opportunity should Your circumstances change in relation to Your access to the Tools.
You accept full responsibility for any Dispute raised by yourself a result of issues connected to the performance of your Tools which have affected the performance of Your provision of the Spiritual Advisoring Service;
4.3.5 obtain, use and maintain in good working order Your Tools.
Any problem concerning a technical issue regarding a Spiritual Advisor’s personal computer or internet service provider is not the responsibility of HOLISTIC-ADVICE. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;
4.3.6 act at all times in accordance with the highest professional standards and not act in any way which could bring HOLISTIC-ADVICE into disrepute;
4.3.7 only accept instructions and Session within Your area of expertise, and that are within your abilities and competency;
4.3.8 notify the Client immediately should You become ill or otherwise incapable and unable to provide the Spiritual Advisoring Services.
Depending on the circumstances, HOLISTIC-ADVICE and Spiritual Advisor shall discuss in good faith a possible delay of the Spiritual Advisoring Services;
4.3.9 notify HOLISTIC-ADVICE of what You propose to agree between You and the Client regarding the delay or reassignment of those Spiritual Advisoring Services to another Spiritual Advisor.
We may take any action, including refunding Spiritual Advisor Fees depending on what is agreed regarding each Spiritual Session;
4.3.10 ensure that any information provided by You to HOLISTIC-ADVICE and a Client remains true, accurate, up-to-date and complete at all times during the duration of this Agreement.
4.3.11 instruct the client to seek professional Medical Aid should they the client exhibit unusual behaivor.
5. HOLISTIC-ADVICE obligations
5.1 HOLISTIC-ADVICE agrees to:
5.1.1 subject to clause 5.2, provide the HOLISTIC-ADVICE Services with all due care, skill and ability and in a timely manner and in the best interests of the Client and the Spiritual Advisor;
5.1.2 devote as much time to the provision of the HOLISTIC-ADVICE Services as may be necessary for their proper performance;
5.1.3 provide promptly and give to the Spiritual Advisor all such information as they may reasonably require in connection with the provision of the HOLISTIC-ADVICE Services.
5.2 As an online service, HOLISTIC-ADVICE may periodically be unavailable as We perform regular (and emergency) maintenance and upgrades.
Where reasonably possible, these activities shall be notified to You in advance. HOLISTIC-ADVICE makes no warranty, guarantee or representation as to, and accepts no liability for, the availability or suitability of the Site and/or the HOLISTIC-ADVICE Services.
5.3 You are responsible for checking the Tools work with the Site and HOLISTIC-ADVICE Services, and the particular Client during the free meeting, and for fixing any problems with the Tools where necessary.
5.4 In exceptional cases, there may be other reasons relating to incompatibility or otherwise as to why You may be unable to successfully access the Services.
5.5 HOLISTIC-ADVICE uses all reasonable endeavours to make the HOLISTIC-ADVICE Services and Site available to all Spiritual Advisors on an “as is” basis.
5.6 HOLISTIC-ADVICE shall not be responsible nor liable to You as a result of any act or omission on Your part relating to Your inability to access the Services in whole or in part including but not limited to:
5.6.1 resultant feedback (echos), audio break-ups, video or sound delays;
5.6.2 Your failure to use and configure the prescribed headset and microphone;
5.6.3 Your failure to at least meet the minimum system requirements of the Tools.
5.7 You acknowledge and accept that from time to time You may experience entire or partial failure of Your video during the delivery of the Advisoring Services due to fluctuations or insufficient bandwidth relating to your own internet provider, and under such circumstances, You agree that the Advisoring Service shall continue without video and confirm that this is acceptable to You in all circumstances.
6.1 You will not be charged by HOLISTIC-ADVICE for Your use of the Site or the HOLISTIC-ADVICE Services.
6.2 HOLISTIC-ADVICE and the Spiritual Advisor will agree the amount of Spiritual Advisor Fees applicable per Session in advance, via the Site. The Spiritual Advisor Fees are reviewable by Spiritual Advisors and HOLISTIC-ADVICE and any revised fees and charges shall take effect immediately upon posting on the Site and will be applicable to all bookings made after such posting.
6.3 Spiritual Advisor authorises HOLISTIC-ADVICE as its agent to accept the Spiritual Advisor Fees from the Client via any forms of payment approved by HOLISTIC-ADVICE in connection with the provision of the Advisoring Services via the Site including Mastercard, Visa and Maestro debit cards on the Spiritual Advisor’s behalf.
6.4 HOLISTIC-ADVICE holds all Spiritual Advisor Fees (which will be based on the number of undisputed and completed Advisoring Services) for the Spiritual Advisor in a dedicated Spiritual Advisor Bank Account for a limited time before releasing such Spiritual Advisor Fees to You in accordance with clause 7 below.
6.5 You confirm that You are self-employed under these Spiritual Advisor Terms, and You are directly responsible to the Swiss Tax Authorities for all matters regarding Income Tax, VAT and relevant National Insurance contributions.
You agree that nothing in these Spiritual Advisor Terms constitutes a contract of employment between You and HOLISTIC-ADVICE. You shall be fully responsible for and indemnify HOLISTIC-ADVICE against any liability, assessment or claim for any employment-related claim or any claim based on worker status brought by you relating to Your Advisoring Services. This indemnity shall include all expenses and costs, including legal fees, incurred by HOLISTIC-ADVICE in dealing with any such claim brought by You or by somebody on Your behalf.
6.6 You will keep records of payments made to You by way of Spiritual Advisor Fees for completion of annual Tax Returns.
You hereby agree to fully indemnify HOLISTIC-ADVICE for or against all and any demands by Swiss Tax Authorities to HOLISTIC-ADVICE for Income Tax, VAT or National Insurance, or any other claim by Swiss Tax Authorities, including any interest or penalties, arising out of Your failure to account properly or at all for any liabilities to HRMC arising from Your Advisoring Services. This indemnity shall include all expenses and costs, including legal fees, incurred by HOLISTIC-ADVICE in dealing with any such claim by Swiss Tax Authorities.
7.1 HOLISTIC-ADVICE shall pay to Spiritual Advisor the Spiritual Advisor Fees collected by HOLISTIC-ADVICE on Your behalf.
We shall provide a self-remittance invoice to You for Advisoring Services every two weeks setting out the hours that you have worked, as recorded by You, during the preceding month. More details on how we will pay you is set out in our FAQs https://help.Holistic-Advice.com/hc/en-us/articles/212296825-When-will-I-be-paid-].
7.2 In response to a Dispute, if any Refund Event occurs, HOLISTIC-ADVICE will be entitled, in its sole discretion to refund Spiritual Advisor Fees to the Client on behalf of the Spiritual Advisor in full or in part.
In such circumstances, the Spiritual Advisor will receive either no Spiritual Advisor Fees or only part of the Spiritual Advisor Fees as agreed by HOLISTIC-ADVICE and the Client, in respect of the relevant Session.
7.3 If any Refund Event occurs subsequent to the Spiritual Advisor receiving the Spiritual Advisor Fees from HOLISTIC-ADVICE, HOLISTIC-ADVICE shall be entitled to withhold sufficient monies and offset any amounts payable to Spiritual Advisor by HOLISTIC-ADVICE under this Agreement from any Spiritual Advisor Fees collected by HOLISTIC-ADVICE thereafter to enable HOLISTIC-ADVICE to refund the relevant refunded Spiritual Advisor Fees.
7.4 The Spiritual Advisor shall be responsible for all chargebacks and/or refund requests on Sessions performed and shall indemnify HOLISTIC-ADVICE against all Losses resulting from chargebacks and/or refund requests.
7.5 HOLISTIC-ADVICE shall be entitled to make any settlement payment to Spiritual Advisor by BACS, to the Current Account of the Spiritual Advisor (or to such other bank account as the parties agree in writing).
7.6 If either party fails to make any payment due (and undisputed) under this Agreement within ten (10) days post the due date for payment, the other shall be entitled to charge interest on the overdue sum for the period from and including the due date of payment up to the actual date of payment (after as well as before judgment) at the rate of 2% (two per cent) above the base rate per annum from time to time of Barclays Bank plc.
7.7 For the avoidance of doubt, Spiritual Advisor Fees shall not be affected where HOLISTIC-ADVICE has provided a Client with Additional HOLISTIC-ADVICE Credits to redeem against Advisoring Services and the Client redeems such Additional HOLISTIC-ADVICE Credits.
8.1 When using the HOLISTIC-ADVICE Services to deliver the Advisoring Services, if You publish any UGC via the Site by way of e.g. delivering Sessions, uploading text or images or videos or contributing to publicly accessible areas of the Site, You automatically grant:
8.1.1 to HOLISTIC-ADVICE, a worldwide, non-exclusive, royalty-free, perpetual, transferable license (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the HOLISTIC-ADVICE Services, including without limitation the reproduction and sale of the UGC, or any part of it, and products incorporating the same for use by any person anywhere in the world including promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels;
8.1.2 to each user of the Services whether registered as a Spiritual Advisor or Client or not, a worldwide, non-exclusive, perpetual, royalty-free license to access Your UGC through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the Services and under the terms of this Agreement.
8.2 “Publicly accessible” areas of the Site are intended by HOLISTIC-ADVICE to be those parts of the Site that are available to all of those visiting the Site whether registered on the Site or not.
You acknowledge that the UCG uploaded by You to create Your Spiritual Advisor profile shall be viewable by all users of the Site and be accessible via the worldwide web search engines.
8.3 You acknowledge that all Session that You deliver may be recorded and You agree to the storage and use of such Recordings by HOLISTIC-ADVICE.
You hereby agree to waive any and all moral rights in and to all UGC.
8.4 You agree that any UGC You use in the performance of Your Advisoring Services will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal agreement or permission from the rightful owner, or are otherwise legally entitled to use the UGC in question and to grant the licenses referred to in clause 8.1.1 and 8.1.2.
8.5 All Intellectual Property Rights in all Materials produced by You pursuant to using the Services shall be Your property.
For the avoidance of doubt, this clause shall not cover any content communicated, posted or otherwise transmitted to the Site by any third party, including without limitation any material, communication, information or ideas so communicated, posted or otherwise transmitted by any Clients or Spiritual Advisors.
8.6 You shall indemnify HOLISTIC-ADVICE against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by HOLISTIC-ADVICE arising out of or in connection with any claim made against HOLISTIC-ADVICE for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with an claim by any third party including a Client that the Advisoring Services or UGC provided by You infringe its rights.
8.7 If any third party makes a claim, or notifies an intention to make a claim, against HOLISTIC-ADVICE which may reasonably be considered likely to give rise to a liability under this indemnity (a Claim), HOLISTIC-ADVICE shall:
8.7.1 as soon as reasonably practicable, give written notice of the Claim to You, specifying the nature of the Claim in reasonable detail;
8.7.2 not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of You (such consent not to be unreasonably conditioned, withheld or delayed), provided that HOLISTIC-ADVICE may settle the Claim (after giving prior written notice of the terms of settlement (to the extent legally possible) to You, but without obtaining Your consent) if HOLISTIC-ADVICE reasonably believes that failure to settle the Claim would be prejudicial to it in any material respect;
8.7.3 give You and Your professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within the power or control of HOLISTIC-ADVICE, so as to enable You and Your professional advisers to examine them and to take copies (at Your expense) for the purpose of assessing the Claim; and
8.7.4 You shall give HOLISTIC-ADVICE sole authority to avoid, dispute, compromise or defend the Claim.
8.8 If a payment due from You under this clause is subject to tax (whether by way of direct assessment or withholding at its source), HOLISTIC-ADVICE shall be entitled to receive from You such amounts as shall ensure that the net receipt, after tax, to HOLISTIC-ADVICE in respect of the payment is the same as it would have been were the payment not subject to tax.
8.9 The Intellectual Property Rights contained on the Site or in the HOLISTIC-ADVICE Services cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without HOLISTIC-ADVICE’s written permission.
8.10 You acknowledge that all Intellectual Property Rights in and relating to HOLISTIC-ADVICE Services and the Site are owned by HOLISTIC-ADVICE or HOLISTIC-ADVICE’s Licensors.
9. Cancellations, rescheduling, no-show
9.1 Where the You and the Client agree to cancel the Advisoring Services pursuant to the Client Contract, HOLISTIC-ADVICE shall repay the Spiritual Advisor Fees to the Client by way of credit.
9.2 If You don’t attend an arranged Session without having cancelled it, or if you repeatedly cancel Session, We may end this Agreement between You and HOLISTIC-ADVICE under clause 13.
HOLISTIC-ADVICE will record details of all such cancellations by You on its records for a period of twelve (12) months.
9.3 All cancellations by You must be made in writing in advance, directly via the Site and to the Client, in accordance with the Client Contract.
10. Client ratings, feedback and other activities
10.1 It is a feature of the Site and the HOLISTIC-ADVICE Services that the Client will leave Client Ratings.
10.2 Where deemed necessary, HOLISTIC-ADVICE is entitled to carry out an investigation upon receipt of negative Client Ratings (rating of 1, 2 or 3 out of 5) or where a Spiritual Advisor or a Client reports or raises any feedback, issues or concerns that they might have with the other at any time.
10.3 Whether such feedback is complimentary or more akin to a Dispute, HOLISTIC-ADVICE will have full discretion as to whether they inform You of such feedback.
Where deemed necessary, HOLISTIC-ADVICE is entitled to carry out an investigation upon receipt of such feedback or comments and in exceptional cases, HOLISTIC-ADVICE is entitled to suspend or terminate Your Account or revoke the licence granted to the Spiritual Advisor herein to use the Site and the HOLISTIC-ADVICE Services by termination under clause 13.
10.4 Nothing in this Agreement shall prevent the Spiritual Advisor from being engaged, concerned or from having any financial interest in any capacity in any other business, trade, profession or occupation during the Term of Engagement provided that such activity does not cause a breach of any of the Spiritual Advisor’s obligations under this Agreement.
11. Data protection and privacy
11.1 In respect of any Personal Data (as defined in the Data Protection Legislation) processed by HOLISTIC-ADVICE and the Spiritual Advisor pursuant to these Spiritual Advisor Terms:
11.1.1 HOLISTIC-ADVICE and the Spiritual Advisor shall each be an independent data controller; and
11.1.2 each party shall ensure it complies and will continue to comply with the Data Protection Legislation and any regulations made thereunder.
11.2 Without limiting its obligations under clause 11.1.2, in respect of any Personal Data the Spiritual Advisor shall:
11.2.1 have and maintain such valid registrations as are required by the UK Information Commissioner’s Office and its national supervisory authority (as defined in the applicable Data Protection Law) which covers the data sharing under or in connection with these Spiritual Advisor Terms, unless an exemption applies;
11.2.2 only process the Personal Data of each Client or Client for the purpose of providing the Advisoring Services to that Client or Client (the “Agreed Purpose”);
11.2.3 ensure that it has a legitimate lawful basis for processing all Personal Data processed by it;
11.2.4 ensure that it provides clear and sufficient information to the individuals whose Personal Data it processes as required by the Data Protection Legislation (a “Privacy Policy”);
11.2.5 only process such Personal Data in accordance with its Privacy Policy;
11.2.6 ensure it (or its staff, as applicable) is appropriately trained to handle and process the Personal Data;
11.2.7 comply with, and provide such assistance as is reasonably required to enable HOLISTIC-ADVICE to comply with, data subject rights requests within the time limits required by the Data Protection Legislation;
11.2.8 not disclose or transfer Personal Data outside the UK or European Economic Area without prior written agreement from HOLISTIC-ADVICE and ensuring that such disclosures or transfers are subject to appropriate safeguards required by the Data Protection Legislation;
11.2.9 if it appoints a third party processor (as defined in the Data Protection Legislation), comply with the Data Protection Legislation and remain liable to HOLISTIC-ADVICE for the acts and/or omissions of the processor;
11.2.10 have in place appropriate technical and organisational security measures to prevent unauthorised or unlawful processing of the Personal Data; prevent the accidental loss or destruction of, or damage to, the Personal Data; and ensure a legal of security appropriate to the nature of the Personal Data and the harm that might result from unauthorised or unlawful processing or accidental loss, destruction or damage;
11.2.11 comply with its obligations to report Personal Data breaches to the UK Information Commissioner’s Office or the appropriate supervisory authority, and (where applicable) the individuals whose Personal Data is affected; and
11.2.12 not retain or process the Personal Data for longer than is necessary to carry out the purposes set out in the Privacy Policy, except as required in accordance with any applicable statutory or professional retention periods.
11.3 HOLISTIC-ADVICE’s Privacy Policy and Cookie Policy apply to Your use of the HOLISTIC-ADVICE Services.
11.4 Use of the Site is entirely at a Spiritual Advisor’s own risk and You must exercise complete caution at all times when dealing with Clients and when entering into legally enforceable Contracts to provide Advisoring Services to a Client.
12. Confidential information and publicity
12.1 The parties acknowledge that by reason of their relationship under this Agreement, they may from time to time disclose Confidential Information.
12.2 Each party shall, during the term of this Agreement and thereafter, keep confidential, and shall not use for its own purposes (other than implementation of this Agreement) nor without the prior written consent of the other disclose to any third party (except its professional advisors or as may be required by any law or any legal or regulatory authority) any Confidential Information which may become known to such party from the other party and which relates to the other party, unless that information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this Agreement, or subsequently comes lawfully into the possession of such party from a third party.
Each party shall use its best endeavours to prevent the unauthorised disclosure of any such information.
12.3 Confidential Information shall not include information that (i) is or becomes generally available to the public other than as a result of the breach of the confidentiality obligations in this Agreement by the receiving party, (ii) is or has been independently acquired or developed by the receiving party without violating any of the confidentiality obligations in this Agreement, (iii) was within the receiving party’s possession prior to it being furnished to the receiving party by or on behalf of the disclosing party, or (iv) is received from a source other than the disclosing party; provided that, in the case of (iii) and (iv) above, the source of such information was not known by the receiving party to be bound by a confidentiality obligation to the disclosing party or any other party with respect to such information.
12.4 The terms of this Agreement are confidential and may not be disclosed by one party without the prior written consent of the other party.
12.5 On termination or expiry of this Agreement, You shall immediately return all Confidential Information in Your possession together with all copies thereof; or, if required to do so, destroy all Confidential Information in Your possession, custody or control by shredding or incinerating the same and/or irretrievably deleting the same if stored on electronic or magnetic media and certify to HOLISTIC-ADVICE that this has been done.
13. Termination and suspension
13.1 These Spiritual Advisor Terms shall commence on the date you sign up to the Site and shall continue unless terminated by HOLISTIC-ADVICE pursuant to clause 13.2.
13.2 HOLISTIC-ADVICE may suspend this Agreement and Your access to the Site and the HOLISTIC-ADVICE Services immediately by serving written notice on or if:
13.2.1 any information provided by You is found to be untrue, inaccurate, out-of-date, or incomplete;
13.2.2 Your rating by Clients is deemed by HOLISTIC-ADVICE (acting reasonably) to be unsatisfactory;
13.2.3 You act in any way that has brought, or could bring, HOLISTIC-ADVICE in to disrepute;
13.2.4 You are convicted of a criminal offence or are the subject of any investigation, which may in HOLISTIC-ADVICE’s opinion impact Client safety;
13.2.5 You are in material breach of this Agreement;
13.2.6 You do not use the Site or HOLISTIC-ADVICE Service for a one (1) month long continuous period of inactivity.
13.3 If we suspend Your use of the Site under clause 13.2 above, we will include in our notice of suspension to you the full details of the reason for such suspension in writing.
You may contact us to discuss any of the issues raised in such notice by the methods set out on the Site.
13.4 Without prejudice to clauses 13.2 or 13.3 HOLISTIC-ADVICE may terminate this Agreement by giving You 30 days written notice if:
13.4.1 You commit a material breach of any term of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
13.4.2 You are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the IA 1986;
13.4.3 You die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation; or
13.4.4 You do not use the Site or HOLISTIC-ADVICE Service for a one (1) month long continuous period of inactivity, after we have served you written notice as set out above.
13.5 You have repeatedly breached any of the terms of this Agreement, we may immediately terminate this Agreement with you by serving written notice.
13.6 Either Party may terminate this Agreement for convenience without compensation by 30 days Written Notice on the other.
13.7 In the event of termination, You will be entitled to receive payment of Spiritual Advisor Fees for all Advisoring Services already successfully delivered and which are not the subject of a Dispute as at the date of termination.
13.8 Termination or expiry of this Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
13.9 If we suspend this or terminate this Agreement with you, HOLISTIC-ADVICE may deactivate Your HOLISTIC-ADVICE Login and Account promptly.
14. Warranties and indemnities
14.1 As Spiritual Advisor, You hereby warrant, represent and undertake to HOLISTIC-ADVICE that:
14.1.1 You are at least eighteen (18) years of age and You have the necessary qualification or experience to provide the Advisoring Services in the subject(s) You offer in Your profile on the Site;
14.1.2 You are personally responsible for the information posted by You on the Site and submitted to HOLISTIC-ADVICE which includes any pre contractual information, and which shall be accurate and up-to-date;
14.1.3 where Your profile claims that You have undergone a CRB/ DBS or enhanced CRB/ DBS check, You have done so, You shall continue to be covered by such checks throughout the term of this Agreement and You will provide us with a copy of such upon request;
14.1.4 You are self-employed and responsible for Your own income tax, national insurance and other liabilities payable and as further referred to in clause 6;
14.1.5 You are wholly responsible for the appropriateness and the content of any UGC used and/ or submitted by You during Your Term of Engagement;
14.1.6 You will comply with all the Spiritual Advisor obligations set out at clause 4;
14.1.7 You will only ever contact a Client via the Site;
14.1.8 You agree at all times to comply with the provisions of the Data Protection Legislation;
14.1.9 in providing or offering Your Advisoring Services via the Site and using the HOLISTIC-ADVICE Services, You are complying with all applicable laws, regulations and codes of practice including, but not limited to, relevant legislation for the protection of businesses and consumers alike and which regulate the activities of the online environment;
14.1.10 You are not VAT registered and will not charge a Client VAT for Your Advisoring Services;
14.1.11 You have read, understood and familiarised yourself with our Safeguarding Policies and Procedures which can be accessed here in respect of child protection and online safety, and will fully comply with the same at all times;
14.1.12 You are not prevented from working with children and Your name does not appear in either of three lists of individuals who are barred from working with children (PoCA list) or with vulnerable adults (PoVA list and List 99).
14.2 You shall indemnify and hold harmless HOLISTIC-ADVICE (and any HOLISTIC-ADVICE Client as the case may be) on demand, and shall keep HOLISTIC-ADVICE (and any HOLISTIC-ADVICE Client) fully and effectively indemnified against any and all Losses arising out of or in connection with:
14.2.1 any breach of these Spiritual Advisor Terms or breach of obligation or warranty by the Spiritual Advisor or the acts or omissions of a Spiritual Advisor (other than and to the extent that any losses arise directly from breach of these Spiritual Advisor Terms by HOLISTIC-ADVICE or by HOLISTIC-ADVICE’s negligence); and
14.2.2 any and all claims, complaints or legal proceedings instigated by a Client against HOLISTIC-ADVICE relating to the Advisoring Services.
15.1 You agree that subject to clause 15.3 and 15.4, We shall in no circumstances be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the HOLISTIC-ADVICE Services.
15.2 Our liability to You whether in contract, tort or otherwise shall in no circumstances exceed the total Spiritual Advisor Fees earned by You in respect of Advisoring Services provided by You using the HOLISTIC-ADVICE Service and Site in the twelve (12) months preceding the date on which such liability arose.
15.3 Nothing in the agreement limits any liability which cannot legally be limited, including but not limited to liability for:
15.3.1 death or personal injury caused by negligence;
15.3.2 fraud or fraudulent misrepresentation; and
15.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
15.4 Except as expressly set out in this Agreement, HOLISTIC-ADVICE gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.
16.1 Negative feedback (rating of 1, 2 or 3 out of 5) reported to HOLISTIC-ADVICE by Clients via the Site may be investigated.
16.2 The parties agree that they shall attempt in good faith to resolve any Dispute or claim promptly through negotiations between You and an officer of HOLISTIC-ADVICE.
HOLISTIC-ADVICE will use all reasonable endeavours to provide a written response via email to any issue raised by a Client or a Spiritual Advisor via the Site within fourteen (14) days. HOLISTIC-ADVICE reserves the right to inform a Spiritual Advisor or a Client respectively of any Dispute raised against them and to provide them with a copy of any response provided by HOLISTIC-ADVICE.
16.3 During the Term of Engagement, You must inform HOLISTIC-ADVICE immediately if You become aware of any Dispute or potential Dispute between a Client and You and/ or HOLISTIC-ADVICE in connection with the provision of the Advisoring Services.
16.4 You agree to cooperate fully with HOLISTIC-ADVICE in resolving any Dispute with a Client.
16.5 HOLISTIC-ADVICE reserves the right to suspend Your Account in accordance with clause 13.1 while an investigation is conducted.
16.6 Your Account may be reactivated once an investigation has been completed.
16.7 In the event of a Dispute prior to receipt of Spiritual Advisor Fees, HOLISTIC-ADVICE reserve the right to withhold Spiritual Advisor Fees in accordance with clause 7.3 until the Dispute has been resolved.
16.8 The outcome of any Dispute instigated by a Client is entirely at the discretion of HOLISTIC-ADVICE (acting reasonably).
17.1 Assignment: You shall not, without the prior written consent of HOLISTIC-ADVICE, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Spiritual Advisor Terms.
HOLISTIC-ADVICE may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Spiritual Advisor Terms.
17.2 Enforceability: If any one or more of the provisions of these Spiritual Advisor Terms should be held to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired and the parties shall amend these Spiritual Advisor Terms to add a new provision having an effect as near as legally permissible to the one held to be invalid, illegal or unenforceable.
17.3 Entire Agreement: These Spiritual Advisor Terms together with our Privacy Policy, the Cookie Policy and the Terms of Service constitutes the entire agreement between You and HOLISTIC-ADVICE in relation to Your use of the Site and the Services and supersedes any prior representations, inducements or agreements relating to its subject matter.
Each of the parties acknowledge and agree that in entering into the terms of this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement other than as expressly set out in this Agreement.
17.4 Status: The Spiritual Advisor and HOLISTIC-ADVICE are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created and neither shall have any authority to bind the other in any way.
This Agreement constitutes a contract for the provision of services and not a contract of employment and accordingly the Spiritual Advisor shall be fully responsible for any income tax, national insurance and social security contributions.
17.5 HOLISTIC-ADVICE keep our Terms under regular review.
These Spiritual Advisor B2C terms were last updated on 22 March 2022.
Advisoring Agreement (Schools)
This Advisoring Agreement (the “Agreement”) governs the Advisoring Services which You provide to Us for the benefit of the Clients of our Clients, via the Site. Should You engage in the provision of Advisoring directly to private clients via the Site (i.e. outside of Your provision of Advisoring Services to the Clients of our Clients) different terms apply and they can be accessed here. Your acceptance of this Advisoring Agreement does not affect your status in respect of any direct private Advisoring you may provide subject to separate terms.
1. a)Account means the secure account(s) created by You on sign up which holds Your personal information and profile and from where You can access the HOLISTIC-ADVICE Services via Your HOLISTIC-ADVICE Login.
2. b)Clients means those clients of HOLISTIC-ADVICE for whom We shall engage You to provide Advisoring Services.
3. c)Equipment means the minimum hardware and connectivity requirements for You to be able to deliver Advisoring Services using the Site including the use of a computer, recommended browser, webcam, a broadband internet connection (with sufficient bandwidth), a sound card and a headset and microphone.
4. d)HOLISTIC-ADVICE/We/Us means Holistic-Advice , a company registered in Switzerland
5. e)HOLISTIC-ADVICE Login refers to Your unique username and password.
6. f)HOLISTIC-ADVICE Services means the provision of Advisoring services by HOLISTIC-ADVICE to its Clients via the Site.
7. g)Site means a website owned and managed by HOLISTIC-ADVICE including www.Holistic-Advice.com.
8. h)Client means a Client of one of our Clients receiving the Advisoring Services from You pursuant to this Agreement via the Site.
9. i)Spiritual Advisor Content means user generated content provided uploaded, embedded or otherwise displayed and/ or stored on the Site by the Spiritual Advisor for the purposes of carrying out the Advisoring Services which may include but are not limited to, Your profile, text, articles, images, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed on, accessed through or disseminated publicly on, the Site for Your use and for use by HOLISTIC-ADVICE and Clients.
10. j)Advisoring Services means the provision of online Session by You to the Clients by way of individual Sessions in real-time suitably tailored to meet the individual requirements of the Clients.
This Agreement applies from the date You accept the Agreement by clicking accept on the Site (the “Effective Date”) and shall continue unless and until this Agreement is terminated in accordance with clause 11 (Termination).
3.1 You shall provide the Advisoring Services from the Effective Date as agreed from time to time in writing. You are under no obligation to accept any work offered by the Us at any time, but where You do so You agree to comply with the obligations set out in this Agreement.
3.2 You acknowledge that the ultimate beneficiary of the Advisoring Services will be the Clients of the Clients. You agree to meet the requirements for the Advisoring Services for each of the Clients of the Clients.
3.3 You shall use Your best endeavours to promote our interests and, unless prevented by ill health or accident, provide, as agreed in accordance with clause 2 above as agreed the Advisoring Services delivered as agreed with Us and the Clients via the Site.
3.4 If You are unable to provide the Advisoring Services,You must notify the Holistic-Advice Spiritual Advisors Team as soon as reasonably practicable by contacting Us at Info@holistic-advice.com, so that We can arrange a replacement Spiritual Advisor. In order to comply with legal obligations around safeguarding of Clients, confidentiality and data protection requirements and to provide a great service to our Clients, You must not arrange for anyone else to provide the Advisoring Services on Your behalf unless agreed in advance by Us.
3.5 You must comply with our Safeguarding Procedure, Code of Conduct and any other policies which we may publish on the Site from time to time.
3.6 You confirm that You are legally entitled to work in the UK without any additional immigration approvals and agree to notify Us immediately if You cease to be so entitled at any time.
3.7 You will not be paid for any period during which You do not provide Advisoring Services, including where You are unavailable to provide Advisoring Services due to illness or incapacity.
3.8 You shall:
1. a)Provide Your own Equipment required for the Advisoring Services;
2. b)ensure that You are available at all times on reasonable notice to provide such assistance or information as we may require;
3. c)have no authority (and shall not hold yourself out as having authority) to bind us, unless we have specifically permitted this in writing in advance;
4. d)comply with the Bribery Act 2010. Failure to do so may result in the immediate termination of this Agreement;
5. e)not engage in any activity, practice or conduct which would constitute either a UK tax evasion facilitation offence or a foreign tax evasion facilitation offence under the Criminal Finances Act 2017. Failure to do so may result in the immediate termination of this Agreement;
6. f)not knowingly engage in any activity which constitutes or facilitates cheating or plagiarism by a Client. You agree to contact Us immediately in the event that You suspect this type of activity is occurring or may occur and provide reasonable assistance in any subsequent investigation by Us;
7. g)assume all responsibility for Your role as Spiritual Advisor and for the provision of Advisoring Services to the Client which includes the content of Sessions;
8. h)obtain, use and maintain in good working order Your Equipment. Any problem concerning a technical issue regarding a Spiritual Advisor’s personal computer or internet service provider is not the responsibility of HOLISTIC-ADVICE. You must use a headset and microphone (not loudspeakers) which must be plugged in and fully configured;
9. i)provide all assistance reasonably required, including in relation to the protection of Clients’ safety, and report any concerns to us as soon as possible by following the instructions available at https://www.Holistic-Advice.com/safeguarding-procedures/. Such directions are in place to protect the safety of Clients.
3.9 We authorise You to use the Site and any other services provided to You by HOLISTIC-ADVICE to deliver the Advisoring Services. You agree that this Agreement applies to that use in full.
3.10 You will keep Your password relevant to the Site and the Advisoring Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your username and password which shall represent Your HOLISTIC-ADVICE Login. We do not have the means to check the identities of all people using the Site and will not be liable where Your username and/or password are used by someone else. You agree to notify HOLISTIC-ADVICE immediately by email at Info@holistic-advice.com of any unauthorised use of Your Account of which You become aware (with “IMPORTANT – PASSWORD” in the subject line).
3.11 Where terminated, HOLISTIC-ADVICE shall deactivate Your HOLISTIC-ADVICE Login and Account promptly.
4. ARRANGEMENTS FOR THE PROVISION OF ADVISORING SERVICES
4.1 You will provide the Advisoring Services remotely, which will generally be from Your home address or such other place as enables You to comply with your duties in clause 3 (the “Location”). You confirm that You are not and will not be in breach of any covenant or agreement in carrying out the Advisoring Services from the Location.
4.2 You confirm that You will provide the Advisoring Services in Your personal capacity and not via any third-party intermediary. You warrant that You are not registered for VAT and accordingly no VAT is payable in respect of Your fees for the Advisoring Services.
4.3 This Agreement does not impose any ‘normal’ hours of work and You will provide Advisoring Services on an "as required" basis. Your hours will vary according to Our needs and Your availability to provide Advisoring Services.
4.4 You are entitled to a rest break of 20 minutes for every six hours that You work. It is Your responsibility to ensure You take this rest break.
4.5 You agree to inform us if (whether as a result of the Advisoring Services alone or in combination with other work You may carry out) You are likely to exceed a 48-hour working week (which, in the absence of other arrangements, is the maximum imposed by the Working Time Regulations 1998).
4.6 Your fees for Advisoring Services in accordance with clause 5 will be paid together with an uplift calculated to cover Your holiday entitlement in respect of the hours You work when providing Advisoring Services.
4.7 We may offer You certain training from time to time as part of Your provision of the Advisoring Services, but no specific training is guaranteed by Your entry into this Agreement.
4.8 In view of the rules and regulations around working with children and vulnerable people, We will need to undertake various onboarding checks before You can provide Advisoring Services, which includes a clear ‘enhanced’ Disclosure and Barring Service (DBS) check result (more information on this can be found here). Where you do not hold a valid DBS check when you apply to provide Advisoring Services, you may be offered to arrange one via our third party provider: where this is the case, we will pay the fees associated with obtaining the DBS check, and you agree to us deducting this sum from the fees payable to you for the Advisoring Services, in accordance with clause 5.3 below.
5.1 We will pay You the fees as agreed between us in Your Account set up. We shall provide You with a payslip for Advisoring Services twice per month setting out the hours that You have worked for us, as recorded by You, during the preceding two week period. More details on how we will pay You are set out in our FAQs [https://help.Holistic-Advice.com/hc/en-us/articles/212296825-When-will-I-be-paid-?mobile_site=true].
5.2 You shall bear Your own expenses incurred in the provision of the Advisoring Services (including without limitation broadband or the cost of Your Equipment)
5.3 We will make all necessary deductions from Your fees as required by law including pension contributions where required to be deducted under the applicable auto-enrolment regime. We shall also be entitled to deduct from Your pay or other payments due to You any sums which You may owe to Us at any time.
You may be engaged, employed or concerned in any other business, trade, profession or other activity which does not place You in a conflict of interest when providing the Advisoring Services .
7. CONFIDENTIAL INFORMATION AND CLIENT PROPERTY
7.1 You shall not use or disclose to any person either during or at any time after Your engagement by us any confidential information about our business or affairs or any of our business contacts, or about any other confidential matters which may come to Your knowledge in the course of providing the Services. For the purposes of this clause 7, “Confidential Information” means any information or matter which is not in the public domain and which relates to our affairs or any of our business contacts.
7.2 The restriction in clause 7.1 does not apply to:
1. a)any use or disclosure authorised by us or as required by law; or
2. b)any information which is already in, or comes into, the public domain otherwise than through Your unauthorised disclosure.
7.3 All documents, manuals, hardware and software provided for your use by us, and any data or documents (including copies) produced, maintained or stored on our computer systems or other electronic equipment (including mobile phones if provided by us), remain our property.
7.4 Nothing in this clause 7 shall prevent You or us (or any of our officers, employees, workers or agents) from:
1. a)reporting a suspected criminal offence to the police or any law enforcement agency or co-operating with the police or any law enforcement agency regarding a criminal investigation or prosecution; or
2. b)doing or saying anything that is required by Swiss Tax Authorities or a regulator, ombudsman or supervisory authority; or
3. c)whether required to or not, making a disclosure to, or co-operating with any investigation by, Swiss Tax Authorities or a regulator, ombudsman or supervisory authority regarding any misconduct, wrongdoing or serious breach of regulatory requirements (including giving evidence at a hearing); or
4. d)complying with an order from a court or tribunal to disclose or give evidence; or
5. e)making any other disclosure as required by law.
8.1 We will collect and process information relating to You in accordance with the privacy notice which is on the Site.
8.2 Both parties shall comply in full with the Data Processing provisions detailed in the Schedule and Appendix 1 as amended or superseded from time to time in writing by the parties.
9.1 When delivering the Advisoring Services, if You publish any Spiritual Advisor Content via the Site by way of e.g. delivering Sessions, uploading text or images or videos or contributing to publicly accessible areas of the Site, You automatically grant:
1. a)to HOLISTIC-ADVICE, a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that Spiritual Advisor Content, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the HOLISTIC-ADVICE Services, including without limitation the reproduction and sale of the Spiritual Advisor Content, or any part of it, and products incorporating the same for use by any person anywhere in the world including promoting and redistributing part or all of the HOLISTIC-ADVICE Services (and derivative works thereof) in any media formats and through any media channels;
2. b)to each user of the HOLISTIC-ADVICE Services a worldwide, non-exclusive, perpetual, royalty-free licence to access Your Spiritual Advisor Content, and to use, reproduce, distribute, prepare derivative works of, display and perform such Spiritual Advisor Content under the terms of this Agreement.
9.2 You acknowledge that all Advisoring Services that You deliver may be recorded and You agree to the storage and use of such recordings by HOLISTIC-ADVICE. You hereby agree to waive any and all moral rights in and to all Spiritual Advisor Content and recordings.
9.3 You agree that any Spiritual Advisor Content You use in the performance of Advisoring Services will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless You have a formal agreement or permission from the rightful owner, or are otherwise legally entitled to use the Spiritual Advisor Content in question and to grant the licenses referred to in clause 9.1.
9.4 All Intellectual Property Rights in all materials produced by You pursuant to delivering the Advisoring Services shall be Your property. For the avoidance of doubt, this clause 9 shall not cover any content communicated, posted or otherwise transmitted to the Site by any third party.
9.5 You shall indemnify HOLISTIC-ADVICE against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by HOLISTIC-ADVICE arising out of or in connection with any claim made against HOLISTIC-ADVICE for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with an claim by any third party including a Client that the Advisoring Services or Spiritual Advisor Content provided by You infringe its rights.
9.6 If any third party makes a claim, or notifies an intention to make a claim, against HOLISTIC-ADVICE which may reasonably be considered likely to give rise to a liability under this indemnity (a Claim), HOLISTIC-ADVICE shall:
1. a)as soon as reasonably practicable, give written notice of the Claim to You, specifying the nature of the Claim in reasonable detail;
2. b)not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of You (such consent not to be unreasonably conditioned, withheld or delayed) , provided that HOLISTIC-ADVICE may settle the Claim (after giving prior written notice of the terms of settlement (to the extent legally possible) to You, but without obtaining Your consent) if HOLISTIC-ADVICE reasonably believes that failure to settle the Claim would be prejudicial to it in any material respect;
3. c)give You and Your professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within the power or control of HOLISTIC-ADVICE, so as to enable You and Your professional advisers to examine them and to take copies (at Your expense) for the purpose of assessing the Claim; and
4. d)You shall give HOLISTIC-ADVICE sole authority to avoid, dispute, compromise or defend the Claim.
9.7 If a payment due from You under this clause 9 is subject to tax (whether by way of direct assessment or withholding at its source), HOLISTIC-ADVICE shall be entitled to receive from You such amounts as shall ensure that the net receipt, after tax, to HOLISTIC-ADVICE in respect of the payment is the same as it would have been were the payment not subject to tax.
9.8 The Intellectual Property Rights contained on the Site or in the HOLISTIC-ADVICE Services cannot be used, modified, copied, distributed, adapted, altered, or in any way dealt with, without HOLISTIC-ADVICE’s written permission.
9.9 You acknowledge that all Intellectual Property Rights in and relating to HOLISTIC-ADVICE Services and the Site are owned by HOLISTIC-ADVICE or HOLISTIC-ADVICE’s licensors.
You shall have personal liability for and shall indemnify Us for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any negligent or reckless act, omission or default in the provision of the Advisoring Services. You shall indemnify Us for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by You, of the terms of this Agreement.
11.1 Either party may terminate this Agreement by giving to the other not less than 1 week’s prior written notice.
11.2 We may at any time terminate Your engagement with immediate effect with no liability to make any further payment to You (other than in respect of any accrued fees or expenses at the date of termination) if:
1. a)You are in material breach of any of Your obligations under this Agreement; or
2. b)other than as a result of illness or accident, after notice in writing, You wilfully neglect to provide or fail to remedy any default in providing the Services.
Any delay by us in exercising our rights to terminate shall not constitute a waiver of those rights.
11.3 Upon the termination of this Agreement for any reason:
1. a)You shall immediately cease providing the Advisoring Services;
2. b)You agree to follow our instructions issued in accordance with clause 8 of this Agreement regarding Shared Data; and
3. c)You agree not under any circumstances to contact a Client or a Client except where based on our specific instructions.
12. OBLIGATIONS ON TERMINATION
Any property belonging to us in Your possession or under Your control, and any original or copy documents obtained by You in the course of providing the Advisoring Services, shall be returned to Info@holistic-advice.com at any time on request and in any event on or before the termination of this Agreement. Subject to our data retention guidelines, You also undertake to irretrievably delete any information relating to our business stored on any magnetic or optical disk or memory, and all matter derived from such sources which is in Your possession or under Your control outside our premises. This obligation includes requiring any substitute to delete such data where applicable.
13.1 This Agreement governs Your engagement by Us from time to time as a casual worker. This is not an employment contract and does not confer any employment rights on You (other than those to which workers are entitled) and You should not hold yourself out as being employed by Us. In particular, this Agreement does not create any obligation on Us to provide work to You and You will work on a flexible, "as required" basis.
13.2 You shall be fully responsible for and indemnify Us against any liability, assessment or claim based on:
1. a)taxation howsoever arising from or made in connection with the performance of the Advisoring Services (except such deductions as are provided for in clause 5.4 above), where such recovery is not prohibited by law; and
2. b)any claim that You hold employment status by virtue of the provision of Advisoring Services under this Agreement (including reasonable costs and expenses) brought by You against Us arising out of or in connection with the provision of the Advisoring Services.
We may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to You.
14.1 We may, from time to time, change the terms of this Agreement for valid reasons such as (without limitation) to improve the Agreement or to make it clearer or easier to understand, to comply with legal or regulatory requirements, such as mandatory laws that apply to Us and our agreements with our Spiritual Advisors, or where We are subject to a court order, to provide Spiritual Advisors with additional information about the provision of the Advisoring Services, or for security reasons, including the introduction of additional security checks or software to protect our Site, Clients, Clients and Spiritual Advisors.
14.2 If We change the terms of this Agreement We will tell You. We will aim to notify You at least 30 days before making any changes to the Agreement, unless the changes need to be implemented quickly for security, legal or regulatory reasons in which case We will notify You of the changes as soon as We can.
14.3 If You do not agree to any change to the terms of this Agreement, You can choose to terminate this Agreement before the changes become effective. If You continue to provide Advisoring Services after the date on which such changes take place, we will take that as Your acceptance of the changes
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement and no person other than You and us shall have any rights under it. The terms of this Agreement or any of them may be varied, amended or modified or this Agreement may be suspended, cancelled or terminated by agreement in writing between the parties or this Agreement may be rescinded (in each case), without the consent of any third party.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Switzerland.
The courts of Switzerland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
DATA PROCESSING SCHEDULE
1.1 Definitions
1. a)Agreed Purposes means the agreed nature purposes of Processing as set out in Appendix 1;
2. b)Controller, Data Subject, Personal Data, Personal Data Breach, Processor, Process(ing), Special Category Data and Subject Access Request have the meaning ascribed to them in the Data Protection Legislation;
3. c)Data Protection Legislation means all law relating to the Processing of Personal Data including the Privacy and Electronic Communications Regulations and all applicable guidance and codes of practice issued by the Information Commissioner’s Office or any replacement EU or UK data protection or related privacy Law in force in Switzerland;
4. d)Data Processing Schedule means this data processing schedule and its appendices as amended from time to time;
5. e)Regulatory Authority means any governmental or regulatory body or authority with responsibility for monitoring or enforcing compliance with the Data Protection Legislation;
6. f)Shared Data means Personal Data Processed by You for the Agreed Purposes under or in connection with the Agreement and as detailed in Appendix 1;
7. g)Term has the meaning as set out in Clause 2 of the Agreement;
8. h)Third Country/Countries means all countries outside of the scope of the data protection laws of the Switzerland or European Economic Area (EEA), except those deemed adequate by the Switzerland or European Commission (as applicable) from time to time.
2. COMPLIANCE WITH THE DATA PROTECTION LEGISLATION
2.1 Both parties acknowledge that HOLISTIC-ADVICE is the Controller and the Spiritual Advisor is the Processor of any Shared Data. In the wider contractual relationship, the School is the Controller, HOLISTIC-ADVICE is the Processor and the Spiritual Advisor acts as HOLISTIC-ADVICE’s Processor (also known as a sub-processor).
2.2 You shall comply with all applicable requirements of the Data Protection Legislation in respect of the Shared Data
2.3 You shall process the Shared Data only in accordance with HOLISTIC-ADVICE’s written instructions from time to time (including those set out in Appendix 1).
3.1 In the event that You receive a Subject Access Request relating to the Shared Data directly from a Data Subject, You shall notify HOLISTIC-ADVICE without undue delay and in any event within five (5) days following receipt of the Subject Access Request. You shall not disclose any Shared Data to any Data Subject other than at the written request of HOLISTIC-ADVICE or as expressly provided for in this Agreement.
3.2 You shall at all times provide HOLISTIC-ADVICE with all reasonable assistance and cooperation required to enable HOLISTIC-ADVICE to comply with all Subject Access Requests, requests for deletion, restriction, rectification, portability, objections and rights in relation to automated decision making received in relation to the Shared Data and to respond to associated queries or complaints from Data Subjects. You shall provide any supporting information requested within two (2) Days of receiving such a request from HOLISTIC-ADVICE, unless otherwise agreed between the parties in writing.
3.3 Each party shall bear its own costs of complying with this clause 3 unless agreed otherwise in writing between them.
4.1 You shall provide to HOLISTIC-ADVICE y such information and assistance to HOLISTIC-ADVICE as is reasonably required to demonstrate or ensure compliance by HOLISTIC-ADVICE with the obligations in this Data Processing Schedule and/or the Data Protection Legislation, including its obligations under Articles 32 to 36 of the General Data Protection Regulation (and the UK equivalent).
5. DATA RETENTION AND DELETION
5.1 At the end of of our contractual relationship you will delete any Shared Personal Data in your possession
6. TRANSFERS OF SHARED DATA TO THIRD COUNTRIES
6.1 You shall not transfer the Shared Data to any person located in a Third Country without the prior written consent of HOLISTIC-ADVICE.
7. SECURITY OF THE SHARED DATA
7.1 Having regard to the state of technological development and the cost of implementing such measures, each party shall put in place and maintain, throughout the Term of the Agreement, appropriate technical and organisational measures, in order to:
1. a)prevent:
1. i)unauthorised or unlawful Processing of the Shared Data; and
2. ii)the accidental loss or destruction of, or damage to, the Shared Data;
2. b)ensure a level of security appropriate to:
1. i)the harm that might result from such unauthorised or unlawful Processing or accidental loss, destruction or damage; and
2. ii)the nature of the Shared Data to be protected.
7.2 You shall undertake any training required from time to time in order to ensure You are appropriately trained to handle and Process the Shared Data in accordance with the Data Protection Legislation.
7.3 You shall keep all Shared Data confidential, in accordance with clause 7 of the Agreement.
8. PERSONAL DATA BREACHES AND REPORTING PROCEDURES
8.1 You shall notify any potential or actual Personal Data Breach relating to the Shared Data, and any related Data Security Breach, to HOLISTIC-ADVICE without undue delay and in any event within 48 hours after becoming aware of the breach. You shall provide all reasonable assistance and cooperation as is necessary to HOLISTIC-ADVICE to facilitate the handling by HOLISTIC-ADVICE of any Data Security Breach.
9.1 You shall permit HOLISTIC-ADVICE or its representatives to access any relevant devices or records on reasonable notice to audit and otherwise verify compliance with this Data Processing Schedule. You shall only be required to permit HOLISTIC-ADVICE or its representatives to access any relevant premises, personnel or records pursuant to this clause 9.1:
1. a)once in every calendar year; or
2. b)in the event that HOLISTIC-ADVICE has reasonable grounds to suspect that Shared Data which is Processed by You pursuant to the Agreement is subject to a Personal Data Breach or is otherwise lost or destroyed or becomes damaged, corrupted or unusable.
10.1 In the event of a dispute or claim brought by a Data Subject or Regulatory Authority concerning the Processing of the Shared Data against either or both parties, the parties shall, unless prevented by law, inform each other about any such disputes or claims and shall, in the first instance, cooperate with a view to settling them amicably and in a timely fashion.
11.1 You shall indemnify HOLISTIC-ADVICE in full, from and against any costs, charges, damages, expenses or losses which You may cause or have caused HOLISTIC-ADVICE, as a result of Your breach of any applicable Data Protection Legislation or of the provisions of the Agreement.
12.1 Except as expressly set out in herein, each party shall perform its obligations under this Data Processing Schedule at its own cost.
13.1 At HOLISTIC-ADVICE’s sole option, You shall return or irretrievably delete all Shared Data on termination or expiry of the Agreement, and not make any further use of the Shared Data.
PROCESSING DETAILS
You may Process the Shared Data for the following Agreed Purposes and any other purposes relating to these Agreed Purposes:
·Providing consistent, quality online tuition to Clients;
·Communicating with Clients and Client staff;
·Providing video recordings of the Session to the Client for recall and safeguarding reasons;
·Sharing feedback and resources between client, staff and Spiritual Advisors; and
·Maintaining quality of service, error detecting and being up-to-date with cyber security.
·Client profile details including at least some of the following: first name, surname, year group, tier (if applicable), current grade, target grade, exam board, areas of focus,learning style, date and time of sessions and Special Category Data around disabilities or special requirements
·Client-specific feedback from previous sessions
·Messages exchanged between You and Clients or Client staff.
·Client staff
·HOLISTIC-ADVICE staff
·Client
We keep our statement under regular review. This Agreement was last updated on 31/04/22
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