Terms and Conditions
1. Descriptions
These Terms of Use ("Terms") govern the use of My Holistic Box. Carefully read through them. By clicking the “Start now” button or accessing any screen/feature/button associated with these Terms and agreeing to them, you consent to comply with these Terms.
If you disagree with any part of these Terms, do not useMy Holistic Box.
– THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, REQUIRING INDIVIDUAL DISPUTE RESOLUTION THROUGH ARBITRATION, NOT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION AND REVIEW IS LIMITED. ARBITRATION IS THE ONLY DISPUTE RESOLUTION METHOD FOR ISSUES RELATED TO YOUR USE OF My Holistic Box, EXCEPT FOR SPECIFIC EXCEPTIONS DETAILED BELOW (YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT, INCLUDING CLASS ACTION WAIVERS, WITHIN 30 DAYS OF ACCEPTING THESE TERMS).
– YOUR SUBSCRIPTION TO My Holistic Box WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL, AS EXPLAINED FURTHER BELOW.
1.1. “Account” refers to the personal profile created by the Buyer during registration, storing the Buyer's information.
1.2. “Additional Content” signifies extra digital content available for an additional fee to Buyers with a subscription. This content is accessible via the Website, Webapp, or sent to the Buyer's email.
1.3. “Agreement” denotes the contract for the sale of Content/Additional Content/Services between the Buyer and Seller per these Terms. This Agreement does not establish any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship.
1.4. “Buyer” refers to any individual or legal entity who uses the Website/Webapp and purchases Content/Additional Content/Services from the Seller. The Buyer can only be an individual or entity lawfully entitled to use the Website/Webapp and make purchases without additional consent.
1.5. “Consumer” designates a Buyer who is an individual purchasing for non-business related purposes (personal use).
1.6. “Content” means digital content made available to the Buyer under this Agreement upon purchasing a subscription. Content is accessible via the Webapp or can be emailed to the Buyer.
1.8. “Order” indicates the Buyer’s request to purchase Content/Additional Content/Services via the Website/Webapp or email.
1.9. “Parties” refers to the Buyer and the Seller collectively.
1.10. “Party” refers to either the Buyer or the Seller individually.
1.11. “Services” are the services offered on the Website/Webapp or by email, purchasable for an additional fee by Buyers with a subscription to the Content.
1.12. “Privacy Policy” is the privacy policy available at (https://myholisticbox.com).
1.13.“Seller, the Company” refers to COMPANY_NAME, UAB, with legal entity code COMPANY_ENTITY_CODE, located at COMPANY_ADDRESS, email info@myholisticbox.com. The Seller’s information is recorded in the Register of Legal Entities.
1.14. “Subscription” signifies a subscription to the Content for a period chosen by the Buyer under these Terms.
1.15. “Terms” refers to the general terms and conditions for using the Website/Webapp and purchasing Content/Additional Content/Services.
1.16. “Third Party” means any individual or entity not party to this Agreement.
1.17. “Website” refers to the site located at (https://myholisticbox.com).
2. Website / Webapp
2.1. These Terms apply when the Buyer visits the Website/Webapp and/or purchases Content/Additional Content/Services, and form a binding agreement between the Seller and the Buyer.
2.2. By agreeing to these Terms, the Buyer confirms they have read and understood them and agree to abide by them when using the Website/Webapp and purchasing Content/Additional Content/Services.
2.3. By purchasing Content/Additional Content/Services, the Buyer also acknowledges having read and understood the Privacy Policy.
2.4. If the Buyer disagrees with these Terms, they should not use the Website/Webapp or purchase Content/Additional Content/Services.
2.5. The Seller is not liable if the Buyer does not read these Terms entirely or partially, even when given the opportunity to do so.
2.6. If a separate agreement between the Seller and Buyer exists, that agreement prevails concerning the purchase of Content/Additional Content/Services, and these Terms apply insofar as consistent with the separate agreement
3. Buyer account
3.1. If Account creation is available, it can only be done via the Webapp, requiring the Buyer to enter their name, necessary order execution data, and a password.
3.2. The Buyer is responsible for maintaining the security of the Account password, and all actions taken on the Account are assumed by the Seller to be those of the Buyer. The Seller is not liable for losses resulting from the Buyer’s failure to secure their Account.
3.3. The Buyer must inform the Seller immediately of any unauthorized access to their Account.
3.4. The Buyer can delete their Account at any time.
3.5. An Account is automatically deleted if the Buyer has not logged in for 5 years from the last login.
3.6. The Buyer does not own the Account, and the Seller can cancel, delete, or block it, and remove associated content at any time without notice if the Buyer breaches these Terms. The Buyer will be informed of such actions via the email address associated with the Account within a reasonable time.
4. Finalization of The Agreement
4.1. The Agreement is formed when the Buyer submits an Order and pays for it, and an Order Confirmation is sent by email.
4.2. The Buyer must follow the payment procedures outlined in these Terms.
4.3. The Buyer may receive informative messages necessary for order execution at their provided email or phone number.
4.4. The Buyer must ensure the accuracy and completeness of order information. If registration details change, the Buyer must promptly update them. The Seller is not liable for damages from incorrect or incomplete data provided by the Buyer.
4.5. By accepting these Terms, the Buyer agrees that the Seller may not approve or might cancel an Order, and refund the amount paid, under certain circumstances like technical errors or other objective reasons beyond the Seller’s control, and will inform the Buyer of such actions via email. If the Buyer disagrees with an altered delivery date, they may cancel the order and get a full refund.
4.6. If the Buyer starts an Order but does not complete it and pay, the Agreement is not formed.
5. Buyer’s Rights and Obligations
5.1. The Buyer can use the Website/Webapp and purchase Content/Additional Content/Services as per these Terms
5.2. The Buyer can use the Content/Additional Content/Services according to these Terms
5.3. The Buyer agrees to:
5.3.1. use the Website/Webapp and make purchases lawfully and in good faith, in compliance with these Terms and applicable law
5.3.2. avoid using the Website/Webapp for illegal or prohibited purposes
5.3.3. avoid illegal use of the Content/Additional Content/Services
5.3.4. respect the intellectual property rights of the Seller and Third Parties
5.3.5. provide accurate information when purchasing Content/Additional Content/Services
5.3.6. update Account data promptly if there are changes. The Seller is not liable for damages resulting from incorrect or outdated data
5.3.7. keep Account login details confidential and inform the Seller if login details are lost
5.3.8. not impersonate others or create fake Accounts
5.3.9. pay for ordered Content/Additional Content/Services as per these Terms
5.3.10. refrain from actions aimed at misappropriating information or affecting Website/Webapp operations
5.3.11. avoid overloading the Website/Webapp
5.3.12. avoid using devices, software, or methods that interfere with Website/Webapp operations
5.3.13. not compromise the security of the Website/Webapp
5.3.14. adhere to other obligations in these Terms and applicable laws
6. Seller’s Rights and Obligations
6.1. The Seller has the right to:
6.1.1. block or cancel the Buyer’s Account without prior notice if the Buyer breaches obligations under Clause 5.3. The extent and duration of the breach will determine the action taken. The Buyer will be notified of such actions via the email on record within a reasonable time;
6.1.2. terminate the Website/Webapp operations without prior notice, with prior Orders either fulfilled or refunded proportionately for the unused subscription period.
6.2. The Seller agrees to:
6.2.1. process Orders according to these Terms;
6.2.2. enable Buyer access to purchased Content/Additional Content/Services as per these Terms;
6.2.3. respect Buyer privacy and handle personal data per these Terms, the Privacy Policy, and applicable laws;
6.2.4. comply with other obligations under these Terms and applicable laws.
7. Content/Additional Content/Services
7.1. Offers for Content/Additional Content/Services are valid as long as posted on the Website/Webapp unless specified otherwise. Offers via email are valid for the time mentioned in the email.
7.2. The Seller can change subscription prices for Content anytime, notifying the Buyer via email or as per these Terms. If the Buyer disagrees with new prices, they can cancel the subscription before changes take effect by notifying the Seller via email at info@myholisticbox.com.
7.3. Discounts on Content/Additional Content/Services may apply at the Seller’s discretion.
7.4. Information about Content/Additional Content/Services, features, prices, and additional costs are available on the Website/Webapp or email offers.
7.5. To access the Content, the Buyer needs an internet connection, an Account (unless optional), and payment of the indicated price.
7.6. Content subscriptions are recurring. The subscription automatically renews for the same period unless canceled 24 hours before renewal. One-off payment access is also available.
7.7. Subscription periods for Content include 1 month, 3 months, and 6 months.
7.8. Upon subscription purchase, the Buyer receives login details for the Webapp to access Content for the subscription period.
7.9. The Buyer can cancel their subscription anytime, but no later than 24 hours before automatic renewal, by emailing the Seller at info@myholisticbox.com.
7.10. After cancellation, the Buyer can use the Content until the end of the paid subscription period.
7.11. Refund procedure:
- Contact the Seller within 10 calendar days of the initial Content purchase to request a refund.
- My Holistic Box plans are non-refundable as digital intellectual property fully disclosed upon purchase.
- The Seller's team will review the refund request within 7 calendar days and make a decision.
- Approved refunds are processed within 14 calendar days.
Refunds will not be made if:
- The refund procedure is not followed.
- The Buyer refuses necessary instructions or assistance.
- The Buyer did not read the Terms before purchasing.
- The Content was bought by mistake or based on incorrect assumptions.
- The Buyer changes their mind for non-technical reasons.
7.12. Refunds are paid to the bank account used for the subscription, not for expired, non-use, low-use, dislike, or other subjective reasons.
7.13. Promotional prices apply if subscribing for the entire promotional period. Early cancellations incur a payment for the difference between regular and promotional prices.
7.14. If Content does not meet quality standards, the Buyer can contact the Seller to rectify issues. The Seller will address faults unless disproportionately costly. The Buyer can request a price reduction or terminate the Agreement if defects cannot be fixed.
7.15. One-off Content has a 2-year quality guarantee from submission. Continuous Content provision has a liability period for arising defects during the provision.
8. Payments for The Content/Services
8.1. The applicable price is what's shown on the Website/Webapp or via email at the time of the order.
8.2. Content/Additional Content/Services are priced in USD, including VAT and other taxes if applicable.
8.3. Payment methods are specified during checkout.
8.4. Subscriptions require upfront payment and automatically renew until canceled 24 hours before the end of the period.
8.5. If automatic renewal fails, a one-off discount might be applied. Subsequent renewals follow the standard procedure.
8.6. By accepting these Terms, you agree to third-party service providers managing and storing payment information per PCI DSS standards. Modifying, updating, or removing payment information may affect service usage.
9. Rights of Intellectual Property
9.1. The Website/Webapp and its content (texts, graphics, images, logos, software, domains) are the intellectual property of the Seller or Third Parties, protected by Lithuanian and international copyright laws.
9.2. Using the Website/Webapp and purchasing Content/Additional Content does not transfer intellectual property rights. The Buyer can only use the Seller's Content and/or purchased Content/Additional Content for personal and informational purposes. Publication, sale, reproduction, and modification without prior written consent are prohibited.
9.3. Infringement of intellectual property rights requires indemnification for damages caused.
10. Liability
10.1. The Parties are liable for non-performance of their obligations per these Terms and applicable laws.
10.2. The Seller’s liability is limited to direct losses caused by improper performance. Consequential damages, reputational loss, profit/revenue loss claims are excluded unless mandated by law.
10.3. The Seller is not liable if losses stem from the Buyer failing to read the Terms, Privacy Policy, or other provided information.
10.4. Uninterrupted Website/Webapp operation is not guaranteed. The Seller isn't responsible for internet access provision.
10.5. Expectations for Content/Additional Content/Services availability are not guaranteed.
10.6. Non-liability for non-performance due to force majeure circumstances, as defined by law.
11. Withdrawal from The Agreement
11.1. Withdrawal: The Buyer can withdraw from the Agreement within 14 days without reason, unless provision of Content/Additional Content/Services has started with prior consent. Withdrawal period expires 14 days after Agreement conclusion. To withdraw, the Buyer must notify the Seller via email to info@myholisticbox.com. Sending notice before the 14-day period ends is sufficient.
11.2. Consequences: If the Buyer withdraws and had not consented to provision during the withdrawal period, the Seller refunds payments within 14 days of receiving the withdrawal notice. If the Buyer consented to provision within the period, no withdrawal is allowed. However, the Agreement can be terminated as per Clause 7.8.
11.3. Agreement and immediate execution waiver are acknowledged upon Content and/or Additional Content purchase confirmation by the Seller and receipt by the Buyer.
11.4. The right of withdrawal applies to EU-resident Buyers deemed consumers under applicable law.
12. Provision of Information
12.1. Order-related notifications are sent to the Buyer's provided email or phone number. The Seller is not responsible if notifications aren't received due to connection issues, spam filtering, or incorrect Buyer data.
12.2. Notifications, claims, or questions can be sent to the Seller using the contact information in Clause 1.13.
13. Amendment of Terms
13.1. The Seller may change these Terms anytime. Changes are effective upon Website/Webapp publication. The Buyer should cease using the Website/Webapp and not purchase Content/Additional Content/Services if they disagree with the new Terms.
13.2. Current Terms are always available on the Website/Webapp. The Terms in effect at the order time apply to that order.
14. Dispute Resolution and Applicable Law
14.1. INFORMAL PROCESS FIRST. Our primary aim is to address and resolve issues amicably and efficiently. If you encounter any problems with the Company, we encourage a dialogue before taking any formal steps. Simply send us a brief note describing the issue, and we will do our best to resolve it together.
14.2. ARBITRATION AGREEMENT. PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR ABILITY TO BRING CLAIMS TO COURT.
Application of the Arbitration Agreement. Both you and the Company agree that any disputes, claims, or controversies arising between you and the Company regarding these Terms or your relationship with the Company as a user of the Product (whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms) will be resolved through mandatory binding individual arbitration, not through class actions or lawsuits. YOU AND THE COMPANY THEREFORE WAIVE THE RIGHT TO LITIGATE DISPUTES IN COURT UNDER THESE TERMS (EXCEPT FOR MATTERS THAT CAN BE BROUGHT TO SMALL CLAIMS COURT OR FOR PROTECTING THE COMPANY'S INTELLECTUAL PROPERTY RIGHTS, OR IF YOU EXERCISE YOUR 30-DAY RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT AS OUTLINED BELOW). This Arbitration Agreement shall remain in effect even after the termination of these Terms.
Exception - Small Claims Court. Notwithstanding our preference for arbitration, either party retains the right to seek relief in small claims court for disputes that fall within its jurisdiction.
Exception - Protecting Company's Intellectual Property. The Company reserves the right to seek injunctive or other equitable relief from a court to stop the infringement or misuse of its intellectual property.
Exception - 30-Day Opt-Out. You have the option to opt out of this Arbitration Agreement (including the class action waiver) by sending written notice within 30 days of accepting these Terms. If you do not opt out within this period, you agree to be bound by arbitration under these Terms.
Arbitration Procedure. Overview: Arbitration is a less formal process compared to court proceedings. It involves a neutral arbitrator in place of a judge or jury, has limited discovery, and reduced judicial review. The arbitrator can grant the same relief as a court. The arbitrator is bound by this Arbitration Agreement. All issues are decided by the arbitrator, including the scope and enforceability of the Agreement. The arbitrator's decision is final and binding, subject to limited judicial review or if the arbitrator grants injunctive relief, which a court can review.
Rules: Any arbitration between you and the Company will be conducted under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement. The AAA Rules and instructions for initiating arbitration are available at www.adr.org or by calling 1-800-778-7879.
Initiating Arbitration: Either party can begin arbitration proceedings. If you choose arbitration, you must first notify the Company in writing (“Notice”). The Notice should describe the nature of the claim or dispute and the relief sought. If no resolution is reached within 30 days of receiving the Notice, either party may commence arbitration. Claims can be filed by mail, online, or in person at AAA offices.
Fees: Arbitration requires filing fees. Each party is responsible for its own legal fees unless otherwise stipulated by arbitration rules or law. The arbitrator can decide on fee disputes.
Documents-Only Procedure, Videoconference: Disputes below $25,000 are generally resolved through document submission unless a hearing is requested by a party or deemed necessary by the arbitrator. Other hearings are typically conducted via videoconference if possible; otherwise, the arbitrator will determine the location.
Language: The arbitration will be conducted in English.
Decision: The arbitrator will issue a written decision outlining the findings and conclusions. Settlement offers are not disclosed until after the arbitrator’s final decision.
Timeline: The arbitrator must issue a decision within 30 days of closing the hearing or, for document-only procedures, within 14 days after receiving final statements and evidence.
No Class or Representative Proceedings; Class Action Waiver. YOU AND THE COMPANY AGREE TO PURSUE CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, NOT AS A CLASS MEMBER OR PLAINTIFF IN ANY CLASS OR REPRESENTATIVE ACTION. The arbitrator cannot consolidate claims or preside over class or representative proceedings. If this provision is unenforceable, the entire arbitration provision shall be void.
Confidentiality. Information and documents related to arbitration are confidential and can only be disclosed to necessary parties or as required by law.
Interpretation and Enforcement of the Arbitration Agreement. If the agreement is found invalid, disputes will be handled by a court in accordance with applicable law.
14.3. These Terms and the purchase of the Content/Additional Content/Services are governed by the laws of the Republic of Lithuania unless specified otherwise by applicable legislation.
14.4. Any other disputes arising from these Terms or the purchase of Content/Additional Content/Services shall be resolved and referred to the competent courts of the Republic of Lithuania, unless otherwise stipulated by applicable legislation. Where the Buyer is not considered a consumer under applicable legislation, disputes shall initially be settled by the competent court in Vilnius.
14.5. If the Buyer has a complaint, it can be submitted to the Seller using the contact details specified in these Terms. The Seller commits to responding to such claims within 14 (fourteen) calendar days from receiving the Buyer's request.
15. Final Provisions
15.1. Non-performance due to force majeure is exempt from liability, defined by law.
15.2. The Seller can assign rights and obligations under these Terms without consumer consent, provided the assignment does not impact their position or guarantees.
15.3. The Website/Webapp may have links to Third-Party sites. The Seller accepts no responsibility for Third-Party content. Using Third-Party content is at the Buyer's risk, with no guarantees or endorsements from the Seller.
16. Contact Information
Should you have any inquiries regarding these Terms or the Services, feel free to reach out to us at info@myholisticbox.com.
Last updated: May 16th, 2024
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