Terms and Conditions | Balance

TERMS OF USE

Effective Date: January 1, 2025

 

IMPORTANT: READ THESE TERMS BEFORE ACCESSING OR USING THE SERVICES

 

These Terms of Use (these “Terms”) govern your (“you” or, as applicable, “Learner” and/or “Holistic Educator”, as those terms are hereafter defined) access or use of the https://joyholisticonline.com/ the JOY Holistic Education Online website, https://joyholisticonline.com/members, and their contents and services (the “Services”) made available by JOY Holistic Education Online LLC. The Services are evolving. These Terms may be amended or modified, including amendments and modifications to cover additional Services.

 

Binding Contract

 

By accessing and using the Services, you are agreeing to be contractually bound by these Terms. If you do not agree to these Terms, then do not access or use the Services. For any reason and at any time, JOY Holistic Education Online LLC may modify, amend or supplement these Terms or terminate your access to or use of the Services. Should these Terms be modified, amended or supplemented, then your continued access or use of the Services as of the date these Terms are last updated constitutes your consent to be bound by the modified, amended or supplemented Terms.

 

Services

 

JOY Holistic Education Online is a digital platform where a Client or Educator or Practitioner or Participant or Member or Follower or Learner, or an Entity (collectively, “Learner”) participates in an activity, including, but not limited to, holistic education classes, workshops, events, videos, personal coaching, and printed resources (the “Activity”) in-person, online, or pre-recorded by instructors, teachers, independent contractors, content providers, educators (collectively, “Holistic Educators”) working with JOY Holistic Education Online LLC or its owners, managers, employees, agents (collectively “JOY Holistic Education Online”).

 

Learner can search for classes or Holistic Educators based on location or for virtual and in-person offering. Learner can book or cancel sessions, reschedule sessions, rate Holistic Educators, and submit reviews for Holistic Educators. Learner makes payment for Holistic Educator’s sessions through the Services, via the Stripe API. Holistic Educators must set up a Stripe account in order to enable payment to them through the Services, via the Stripe API. The Services are available solely for personal, non-commercial purposes. All Holistic Educators are Third Party Providers who use the Services to create and maintain profiles that allow them to offer holistic education instruction and other education modalities to Learners.

 

Independent Contractors

 

Holistic Educator understands that the relationship Holistic Educators has with JOY Holistic Education Online by way of Holistic Educator’s access and use of the Services is that of an independent contractor at all times and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and/or of any kind between the parties hereto.

 

Holistic Educators are not employees of JOY Holistic Education Online. Holistic Educators do not receive any benefits whatsoever, including but not limited to health/dental insurance, life insurance, retirement, or vacation days. Holistic Educators are responsible for their own personal and business taxes at all times and for their own profits and losses. Holistic Educators expressly consent to carry and maintain professional liability Insurance and are responsible for all claims against the services and content offered.

 

JOY Holistic Education Online is not a member of any governing or accreditation body and therefore cannot guarantee that the classes or series offered by you as a Holistic Educator meet the standards developed by such governing bodies. JOY Holistic Education Online does not make you eligible for certification by any governing or accreditation body to teach various holistic education practices. You agree not to hold yourself out as a certified holistic educator based on completing the courses, content or programs available on the Service or use JOY Holistic Education Online’s name as a certification or accreditation body. Further, you expressly waive and release JOY Holistic Education Online and its directors, principals, educators, independent contractors, employees, agents, contractors, affiliates and representatives of any claim arising from or in connection with providing holistic education services or a violation of the terms as provided herein.

 

License

 

So long as your access and use of the Services complies with these Terms, JOY Holistic Education Online grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use the Applications and their contents on your personal device. All rights not expressly granted herein are reserved by JOY Holistic Education Online. You will not: (a) modify, copy or create any derivative works based on the Services; (b) reverse engineer or decompile any portion of the Services, including but not limited to, any software utilized by JOY Holistic Education Online in the provision of the Services; (c) access or use (or allow a third party to access or use) the Services for competitive analysis or to build any competing products or services; (d) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise make the Services available to any third party, other than to yourself, (e) copy any functions, integrations, features, interfaces or graphics of the Services; or (f) otherwise use or exploit the Services in any manner not expressly permitted by these Terms of Use.

 

Accounts

 

In order to use the Services, and for security and identity verification purposes, you must set up and maintain a personal account (“Account”) via login to Facebook or Google or an email account. In order to continue using the Services, you must maintain the same Facebook or Google account you used to set up your Account. Otherwise, you will be denied access to or use of the Services. You must be at least 18 years of age to obtain an Account. Additionally, in order to complete a Services transaction, you must submit to JOY Holistic Education Online certain personal information, such as your name, address, phone number, and photo.  You may only possess one personal Account. When you create an account, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. You must provide true and accurate information about yourself and your country of residence when you create or update your Account. Providing us with false information may result in the termination of your Account.

With your permission, we may give other websites or services the ability to verify information about your Account or perform actions on your behalf. This permission is asked for when you connect your Account to these other websites or services.

 

If you become a Learner to a Holistic Educator, you agree to have the following information shared with that Holistic Educator:

  • your name and email address, and other profile information you’ve provided
  • any messages you send providers through JOY Holistic Education Online
  • your physical address, city, state, and country
  • your phone number for event notifications via text
  • all information about payment transactions, but not your full payment card information

 

If you join a Holistic Educator’s membership on JOY Holistic Education Online, depending on the Holistic Educator’s preference, you will be charged either a set amount per month (or year) or per content item such as a pre-recorded class and videos. You can cancel your membership subscription at any time. You can see the details as you join, as well as in the receipt sent to you after each successful payment. You can view all your active membership subscriptions and billing history on your Account.

 

As a Holistic Educator, you will need to set up a Stripe payment account through the Services, via the Stripe API, in order to get paid for your services. As a Learner, you will make payment thru the Services via valid credit card you enter into Stripe, via the Stripe API, in order to book group classes or sessions on JOY Holistic Education Online or purchase access to content. You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to do so may result in your inability to access and use the Services, or JOY Holistic Education Online’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security of your Account at all times.

 

We can terminate or suspend your Account at any time at our discretion without a cause. We can also cancel any membership subscriptions and remove any descriptions, posts or benefits at our discretion without reimbursement for remaining billing period. You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorney’s fees and costs. These terms remain in effect even if you no longer have an account.

 

Conduct

 

Persons under the age of 18 may not use the Services. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. Your use of the Services must not cause nuisance, annoyance, inconvenience, or property damage to any person or third party whatsoever. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity.

 

Ownership

 

The Services and all rights therein are and remain the property of JOY Holistic Education Online or its licensors. You are not granted or conveyed any rights by way of these Terms or by way of your use of the Services except for the limited license granted herein. You may not otherwise use the JOY Holistic Education Online apps, JOY Holistic Education Online website, the JOY Holistic Education Online brand, JOY Holistic Education Online trademarks, JOY Holistic Education Online copyright, or the trademarks of JOY Holistic Education Online or its licensors.

 

Third Parties

 

The Services may be made available for access or use in connection with third party services and content (including advertising) that JOY Holistic Education Online does not control. Separate terms of use and privacy policies may apply to your use of such third-party services and content. Under no circumstances does JOY Holistic Education Online endorse such third-party services and content. In no event shall JOY Holistic Education Online be responsible or liable for any products or services of such third-party providers. These third-party beneficiaries are not responsible for the provision or support of the Services as they are not parties to this contract, although your access of the Services using these third-party beneficiary devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service. You may grant JOY Holistic Education Online access to your third-party accounts, such as Google, YouTube, Facebook, Instagram, Twitter, and Twitch, in order for some JOY Holistic Education Online features to operate. Each time you connect your third-party account, that third-party account will present a page that describes the information that JOY Holistic Education Online can access. At any time, you can revoke JOY Holistic Education Online’s access to those accounts using the respective third party’s security settings page.

 

General Restrictions

 

You may not: (i) transfer, transmit, stream, sell, resell, distribute, reproduce, lease, license, modify, broadcast, create derivative works based upon, publicly perform, publicly display, or otherwise exploit the Services except as expressly permitted by JOY Holistic Education Online; (ii) remove any trademark, copyright or other proprietary identifiers from any portion of the Services; (iii) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (iv) disassemble, decompile, or reverse engineer the Services; (v) link to, frame or mirror any portion of the Services; (vi) cause or launch any scripts or programs in order to survey, scrape, index, or otherwise data mine any portion of the Services; or (vii) cause or launch any scripts or programs for purposes of burdening or hindering the operation and/or functionality of the Services.

 

Content Restrictions

 

All content must not violate our policies. We do not allow any content that:

  • is illegal
  • violates copyrights or uses others' intellectual property (unless you have written permission to use it)
  • is biased, discriminative, or abusive towards other people.
  • features, depicts, portrays, or otherwise involves real people engaging in unlawful acts, violence, or sexual acts.
  • involve raffles or prizes based on chance.
  • originates from sanctioned areas and certain geographic locations, as described in more detail below.

 

We investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by the earnings received by Holistic Educators.

 

In most situations we will work with providers to resolve any potential violations and allow the provider to continue using JOY Holistic Education Online.  Please let us know if you see potential violations of our Terms and Conditions, report them. It is also the policy of JOY Holistic Education Online, in appropriate circumstances and in our sole discretion, to suspend or terminate the accounts of Holistic Educators and Learners who are repeat copyright infringers or who otherwise repeatedly or seriously violate our policies.

 

Geographical Restrictions

 

We must comply with the economic sanctions and trade restrictions of all of the countries we operate in. These restrictions generally prohibit transactions involving:

  • Certain geographic areas, such as Crimea, Cuba, Iran, North Korea, and Syria, or any individual or entity operating or residing in those places;
  • Individuals or entities identified on sanctions lists such as OFAC’s Specially Designated Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List.
  • In order to protect our community, we take steps to ensure compliance with these regulations including, but not limited to:
  • We prohibit access to Services while in certain geographic locations.
  • Holistic Educators and Content Providers are generally not allowed to offer benefits that originate from sanctioned areas.
  • We may request additional information from you, or ask you to take other steps to help us meet compliance obligations.
  • If we have reason to believe you are operating your account from a sanctioned location, such as any of the places listed above, or are otherwise in violation of any economic sanction or trade restriction, we may suspend, terminate or take other action on your account.
  • You are also prohibited from using JOY Holistic Education Online for the benefit of any organization, entity or person identified on a sanctions list.

 

Network Access and Devices

You must obtain data network access necessary to use the Services. If you access or use the Services from a wireless-enabled device, be aware that data and messaging rates and fees from your mobile network may apply. To access and use the Services and Applications and any updates to them, you are responsible for acquiring and updating compatible hardware and devices. The Services are not guaranteed to function on any particular hardware or devices. Additionally, malfunctions and delays inherent in the use of the Internet and electronic communications may affect the Services.

 

User Content

 

You must not provide User Content that is unlawful, hateful, violent, defamatory, libelous, obscene, pornographic, violates JOY Holistic Education Online’s Content Restrictions, or is otherwise offensive, as determined by JOY Holistic Education Online, in its sole discretion, regardless of whether such material is protected by law. You acknowledge that JOY Holistic Education Online may, in its discretion, monitor, review, or remove User Content, at any time and for any reason, without notice to you.

 

You represent and warrant that either all User Content is solely and exclusively yours, or that you have all requisite rights, licenses, consents and releases to grant JOY Holistic Education Online the license to the User Content. You also represent and warrant that the User Content and your uploading, publishing and otherwise making available such User Content, including JOY Holistic Education Online’s use of the User Content as permitted herein, will not violate, infringe, or misappropriate a third party’s intellectual property or proprietary rights, or rights of privacy or publicity, or violate any applicable law or regulation.

 

Holistic Educators may upload, publish and make available through the Services textual and visual content and information related to their holistic education services. Learners may publish and make available through the Services textual reviews and ratings of those Holistic Educators whose holistic education programs Learners booked through the Services. Users may use the Services to provide feedback to JOY Holistic Education Online related to the Services and to initiate support requests. You keep ownership of all content you create, but you give us permission to use the content on Services as part of JOY Holistic Education Online. Make sure you have permission to use the content that you offer on JOY Holistic Education Online as Services.

 

By providing User Content through the Services, you give JOY Holistic Education Online a perpetual, irrevocable, transferable, worldwide, royalty-free license, with the right to sublicense, to use, modify, copy, distribute, create derivative works of, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including, but not limited to, in connection with the Services and JOY Holistic Education Online’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. The purpose of this license is strictly limited to allow us to provide and promote memberships or one-time pay per view options to your followers. You may not post creations that infringe others' intellectual property or proprietary rights. Holistic Educators and Learners may not use creations posted by providers in any way not authorized by the provider.  You can’t create fake content or collect money for things you’re not actually doing. You cannot pretend to be or impersonate someone else by using the name, brand or works of another to deceive members.

 

Recordning of Sessions

 

Online or virtual classes and sessions are interactive in real-time with Instructors and you where the training and coaching takes place. These Sessions are recorded where only the Holistic Educator may be visible and provide instruction or cues. If private sessions are recorded, they will be used in developing training plans (“Recordings”). Holistic Educators may only use the private session Recordings they conducted for teaching training and improvement, and for developing future Session planning with you. Holistic Educators may not disclose or use the Recordings for any other purpose.

 

In addition, our internal staff may view Recordings for review relating to the quality of the Training and for customer service and support, and for development of Holistic Educator training, but actual clips of the recordings would not be shown to other Holistic Educators in connection with such training without your permission. If you do not want a Holistic Educator to view your Training Session recording or want us to delete your Training Session recording, please contact us at admin@joyholisticonline.com.

 

You expressly consent to be recorded in connection with the private Sessions that you participate in through the Services.

 

Payments, Charges, Fees

 

   a. For Learners:

 

As of the date stated above, the Service is provided to Learners for free, but JOY Holistic Education Online reserves the right to implement fees for the Service at any time by providing you notice.

 

As a Learner, you understand that your completion of a transaction using the Services will result in charges to you for the services you receive from your selected Holistic Educator (“Charges”). Full payment will be charged to your credit card upon you booking a class or a session or purchasing any products or memberships. Charges will be inclusive of applicable taxes where required by law, but payment processing fee may be charged for certain services.  Learners may select from packages, gift cards, monthly or annual subscriptions for use of the Classes and Services in booking Holistic Educators or attending online, pre-recorded, or in-person classes. Subscriptions will be automatically renewed unless auto-renew is turned off at least 24 hours prior to the end of the current subscription period. Subscriptions may be managed by the Learner and auto-renewal may be turned off by Learner accessing Learner’s Account Settings after purchase of a subscription. JOY Holistic Education Online may suspend or terminate a Learner's account and/or limit access to our Services if payment is late and/or payment cannot be processed.

 

Current fee schedule is available at each Holistic Educator’s JOY Holistic Education Online profile page. Booked classes and sessions can be cancelled free of charge more than 12 hours in advance of session start time. The full amount of Class or Session fees will be charged if cancelled within 12 hours of start time. 

 

The fee schedule is subject to change at Holistic Educators’ sole discretion. Changes in fees will not affect class packages or sessions that have already been paid for and booked.

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