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HEAL THY SELF TRIBE TERMS AND CONDITIONS

THESE TERMS OF USE (“TERMS”) REPRESENT AN AGREEMENT BETWEEN YOU AND HEAL THY SELF TRiBE CO LTD / TYLER TOLMAN PTE LTD (“WE”, “US”, “HTS”, “HTST” OR “TT”) AND GOVERN YOUR USE OF OUR WEBSITE AT WWW.HEALTHYSELFTRIBE.COM. FROM TIME TO TIME ("THE SITES”) AND ANY PRODUCTS OR SERVICES MADE AVAILABLE BY MEANS OF ANY OF THE SITES ("THE PRODUCTS”). WE REFER TO THE SITES AND THE PRODUCTS COLLECTIVELY IN THESE TERMS AS "THE SERVICES.” BY USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS.

1. SERVICES

Heal Thy Self TRiBE Co Ltd ("HTST") grants you a non-exclusive, non-transferable, revocable license to use the Services, including the Membership (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Services, in whole or in part, including your right to use any Membership, without providing any refund or cancelling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.

2. PAYMENT

You may purchase one (1) of three (3) membership types on a subscription-type set up with monthly payments. When you make a purchase, you authorise us to charge the credit card you provide on a monthly basis. We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following: fraudulent or potentially orders, incorrect pricing or non-payment, breach of clause 5 of these terms regarding conduct.

3. REFUNDS

There are no refunds available for the HTST membership. If you are not satisfied with your membership, you may downgrade your subscription level or remove your account, both of which can be done in your Account Settings. 

Please refer to 'Cancellations' for more information about cancelling your membership.

4. CANCELLATIONS

Cancelling (or downgrading) your subscription can be done at any time by logging into your account and going to 'Account Settings'. You will need to allow for at least 48 business hours prior to your next scheduled payment for changes to your subscription to process. 

If a cancellation (or downgrade) is submitted less than 48 business hours before your next scheduled payment, you may get charged a membership fee for the following month (of for downgrades, the same membership fee as your previous month).

Should you decide to cancel/downgrade a recurring subscription, you will continue to have access to the current level of membership and any related Facebook group up until the day prior to your next scheduled payment.

In the event that we consider you to have breached these Terms, your access may be removed at any time without notice to you.

5.YOUR CONTENT

We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including by commenting on blog posts, by communicating with us directly or through other forums. Your Content must not be self-promotional for any products or services not affiliated with HTST. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.

6. YOUR CONDUCT

You agree that you will not:

(i) use the Services in a manner that

        (a) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities;

        (b) is fraudulent, deceptive or misleading;

        (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene;

        (d) violates anyone’s rights of privacy, publicity or other rights;

        (e) violates any contractual or fiduciary obligations;

        (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”);

        (g) has an adverse effect on our business, reputation or ability to provide Services; or

        (h) would otherwise be reasonably deemed objectionable under the circumstances;

(ii) violate any program guidelines applicable to use of particular Memberships or interfere with, impair or disrupt the ability of others to use such Memberships;

(iii) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;

(iv) violate or attempt to violate the security of the Services;

(v) reverse engineer, decompile or disassemble any portion of the Services;

(vi) “scrape” information from the Services by automated means;

(i) interfere with the ability of others or permit any unauthorized access to or use of any Memberships that you have licensed or to any password applicable to your account for the Services;

(vii) use, redistribute or resell any of the Memberships or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by us; or

(viii) reproduce, modify, display, distribute, sell, resell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms.

7. PROPRIETARY RIGHTS

As between you and us, we own the Services, including the memberships, and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Services. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of TT / HTS, which is protected by copyright and other laws respecting proprietary rights. The Services are also protected by copyright as a collective work and/or compilation, pursuant to Hong Kong copyright laws, international conventions, and other copyright laws. TT and HTS retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.

8. REPRESENTATIONS AND WARRANTIES

You represent and warrant:

(a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein; and

(b) that you are at least eighteen (18) years old.

9. INDEMNITY

You agree to indemnify, defend and hold harmless HTST / HTS / TT and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our memberships, or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defence of any such claim. HTST / HTS / TT reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you.

10. DISCLAIMERS; LIMITATIONS OF LIABILITY

(a) You assume all responsibility and risk for your use of the services. The services, including any products, are provided “as is” without representations or warranties of any kind, either express or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.

(b) While we make good faith efforts to include substantially accurate information in the services, errors or omissions may occur. If we receive notice of errors or omissions, we will make reasonable efforts to correct them in due course; but we make no representations or warranties regarding the accuracy, completeness, performance, currency, or fitness for a particular purpose of the services, that the services will meet your requirements, or as to the results that will be derived from using any of the information included in the services.

(c) In no event shall HTST or its affiliates be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of, delay in using, or inability to use the services.

(d) You assume all responsibilities and obligations with respect to any decisions, advice, conclusions or recommendations made or given as a result of the use of the services, including without limitation any decision made or action taken by you in reliance upon products. The services shall not constitute or be construed as a recommendation, solicitation, offer or opinion by HTST or our affiliates, principals or content providers, for any financial transaction or the purchase of any financial instrument, including but not limited to securities, or any kind of investment. past performance is no guarantee of future results.

(e) You assume all responsibility and risk for your use of the services. There is no guarantee that you will earn any money or achieve any particular results using the techniques and ideas provided in connection with the services. All information provided in connection with the services is intended for educational purposes only, for a general audience, and not as specific advice tailored for an individual or business. None of the information provided in connection with the services shall be construed to constitute medical, psychological, financial or accounting, legal or other professional advice; we urge you to consult with an appropriately licensed professional if you seek any such advice.

11. PRIVACY

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms. By using any of the Services, you acknowledge and consent to our collection and use of information as set forth in the privacy policy.

12. CHANGES

We may modify these Terms at any time; however,

(a) these changes will only become effective and binding with respect to you after we provide notice on the Sites that these Terms have changed and you first use any of the Services following the date of such posting,

(b) the changes will only apply with respect to your use of the Services after such changes become effective, and

13. DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that any of the Services contain content that infringes on your copyright, please forward the following information, by email to tribe@healthyself.co:

  • Your address, telephone number, and email address;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the alleged infringing material is located;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

14. LINKS

The Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.

15. MISCELLANEOUS

No joint venture, partnership, employment or agency relationship exists between you and TT as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and TT with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services. TT may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, TT shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to TT. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with HTS / TT. Notices to us shall be sent by email to tribe@healthyself.co.

Please note that the contents of this page can change without prior notice. These Terms were last updated on 20 June 2019.