These sites are run by “MyNewEarth”, a platform where people can have easy and safe access to alternative and holistic wellness specialists.
- About the Terms of Use
These “Terms of Use” (together with the documents referred to in them) tell you the terms of use on which you may make use of our website www.MyNewEarth.app and our mobile application (collectively referred to as the “Sites”) as a visitor. Use of our Sites includes accessing, browsing, searching, use of any service which we may provide or registering to use the online Offerings (the “Offerings”).
Please read these Terms of Use carefully before you start to use our Sites, as these will apply to your use of our Sites. You need to ensure that you have familiarised yourself with these terms prior to using our Sites. By entering and using our Sites, you acknowledge that you understand and agree to be bound by these terms. If you have any questions about these terms, our Sites or the Offerings, please contact us directly.
We may update these Terms of Use from time to time, including, to reflect changes in law or as a result of changes to the content of the Sites or the addition of new features. It is therefore important that you refer to these Terms of Use from time to time to ensure that you are familiar with the relevant terms which will govern your use of the Sites.
If you do not agree to these Terms of Use, you must not use our Sites.
These Terms of Use incorporate the following additional terms, which also apply to your use of our Sites:
- Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Sites, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Cookie Policy, which sets out information about the cookies we use on our Sites.
Subject to any specific terms identified in respect of a particular feature or part of our Sites, these Terms of Use (including, our policies) constitute the entire agreement between you and us with respect to your use of the Sites.
In these terms, any reference to www.MyNewEarth.app and the ‘MyNewEarth’ Mobile Application shall be made to “MyNewEarth”, “us”; “we”; “our”; or our “Sites”.
Any reference to “Users”; “you” or “your”, shall mean any visitor to the MyNewEarth sites who might be interested in the material, information, Offerings provided through our Sites.
- Accessing the Sites
We do not guarantee that our Sites, or any content on it, will always be available or that access to it will be uninterrupted. Access to our Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Sites without notice. We will not be liable to you if for any reason our Sites (or any part, feature of or service under the Sites) is removed or is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to access our Sites (including, having access to an internet connection and an appropriate browser).
You are also responsible for ensuring that everyone who accesses our Sites through your internet connection is aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
- Terms of Use
You agree to use our Sites only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of our Sites. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue. You may not impersonate another person.
You may not use our Sites:
- In any way that breaches these Terms of Use or any applicable law or regulation.
- In any way that is unlawful or fraudulent, or which has any unlawful or fraudulent purpose or effect.
- To send, knowingly receive, upload, download, use or re-use any material for any commercial purpose or in a manner which does not comply with our content standards (as set out below).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar request (commonly known as ‘spam’).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
- To submit or share any defamatory or illegal material of any nature. This includes text, graphics, video, programs or audio. Contributing materials with the intention of committing or promoting an illegal act is strictly prohibited.
- Accuracy of content and information
All the information demonstrated, used in and used by the Sites, including but not limited to personal data, information and links, are provided on an “as is” basis with no warranty. To the maximum extent permitted by the applicable laws of the Republic of Cyprus, MyNewEarth disclaims all representations and warranties, express or implied with respect to such information, including but not limited to warranties of merchantability, quality, safety, health, freedom from mobile virus, and implied warranties arising from course of dealing or course of performance.
The Sites contain content generated by us. The content we provide via the Sites is provided for general information purposes only. It is not set up to provide specific advice on which you should rely. MyNewEarth does not endorse any advice of any specialist and does not assume any responsibility for the quality of their Offerings and/or for the information they disclose. We strongly recommend that you report any issues with a Practitioner’s Offerings. We strongly recommend that you leave honest reviews after using an Offering so that other users will be able to make better decisions when choosing an Offering.
If any links to other websites appear on the Sites, we accept no responsibility or liability for the content of that website (whether under our control or otherwise). Any link is not intended to be, nor should be construed as, an endorsement of any kind by us.
The information contained in the Sites may contain technical inaccuracies or typographical errors. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information in the Sites or on any related site if it is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Sites or on any related website, including without limitation, offerings’ pricing information, except as required by law. No specified update or refresh date applied in the Sites or on any related website, should be taken to indicate that all information in the Sites or on any related website has been modified or updated.
Information contained in or accessible via the Sites changes on a regular basis. We reserve the right to make changes and improvements to any information contained within the Sites, at any time and without notice.
Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Sites is accurate, complete or up-to-date. We also do not warrant or represent that the information or materials available through the Sites will meet your particular requirements or needs or that access to, or use of, the same will be uninterrupted or completely secure. You confirm that you have not relied on any such information and any arrangements made between you and any other person, using or named on our Sites, including this one, is entirely at your sole risk and responsibility. We provide you with as many tools as possible in order to allow you to make very informed decisions on the app, and be fully accountable of your choices.
We do not promote any specific products, processes, practitioners, or other information that may be mentioned on our Sites (including, those promoted by any advertisers or advertising sponsors). We simply inform you of all the available Offerings, products, and practitioners and it’s up to you to make the fully accountable decision to book or purchase an offering, product, or practitioner.
- Intellectual Property Rights
We own, control or have the right to use all intellectual property rights in our Sites, and in the material published on it, such as data, text, images, articles, photographs, illustrations, audio and video clips. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may electronically reproduce and store the content of the website solely for your own personal use. You must not display or distribute the content of any part of the website or its content with any third-party or in public, including any reproduction in any form on the Internet, without our express permission.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not further use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you print off, copy or download any part of our Sites in breach of these Terms of Use, your right to use our Sites (and any related materials) will cease immediately and you must, at our choice, return or destroy any copies of the materials you have made (and these Terms of Use shall continue to apply in respect of any such materials).
Any infringement of our intellectual property rights will be fully enforced under Cyprus law.
- Modifications to online Offerings
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently our online Offerings (or any part thereof) with or without notice.
We shall not be liable to you or to any third party for any modification, suspension or discontinuance of our online Offerings.
- Third Party Links and Resources in our Sites
Sites may contain links to other sites and resources operated by third parties. These links are provided for reference and information purposes only. We do not control such sites, websites or resources and are not responsible for their availability or content.
Our inclusion of links to such Sites does not imply any endorsement of the material on such sites or any association with their operators. We have no control over the contents of those Sites or resources.
- Linking to our Sites
You may link to the Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Sites must not be framed on any other site.
We reserve the right to withdraw or limit this linking permission without notice.
If you wish to make any use of content on our Sites other than that set out above, please contact us at [email protected].
- DISCLAIMER
Please read this section carefully as it sets out the limits of our liability to you in relation to your use of the Sites.
- We do not guarantee that:
- use of the Sites will be compatible with all hardware and software,
- use of the Sites will be uninterrupted or error or virus free,
- use of the Sites will deliver any specific outcome for its users,
- defects will be corrected
You must take appropriate steps to ensure that you regularly check for viruses when using this Site on any device.
- We make no statement about the suitability of the content, information and Offerings contained on, or accessed via, our Sites, including this one. All warranties, terms and conditions in this regard, including all warranties, terms and conditions implied by statute or otherwise, of satisfactory quality and fitness for purpose are excluded to the fullest permitted by law. For the avoidance of doubt this includes materials accessed via links to websites (including home pages, web pages or documents they contain) operated by third parties.
- We use our reasonable efforts to check the accuracy of the information published on our Sites. You should, however, note that we do not warrant that such information will be error free and you acknowledge that the information, products, and Offerings published on our Sites may include inaccuracies or typographical errors. Changes are periodically made to the information set out in our Sites.
We make no representations about the suitability of the information, and Offerings contained on our Sites for any purpose.
- We assume no responsibility for the content of sites linked on our Sites. Such links should not be interpreted as endorsement by us of those linked sites. We will not be liable for any loss or damage that may arise from your use of them.
- We will not be liable for any loss or damage caused by a virus, or any technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any content on it, or on any website linked to it.
- We further exclude to the fullest extent permissible by law all liability for damages and direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, business interruption, depletion of goodwill and like loss) or otherwise incurred by you or any third party and arising out of or in any way connected with the use of the Sites or its content, whether based on contract, tort, strict liability or otherwise.
In no event shall we will be liable to you (or to any other user) for any indirect, incidental, special, or consequential loss or damage, whether arising in contract, tort (including negligence or breach of statutory duty), or otherwise, even if we, or any of our suppliers, have been advised of the possibility of such damages, arising under or in connection with:
- use of, or inability to use, our Sites;
- use of or reliance on any content displayed on our Sites (regardless of the origins of such content); or
- any information, products and Offerings obtained through our Sites, or otherwise arising out of the use of our Sites.
- You acknowledge that we have made the Sites available to you in reliance upon these Terms of Use and in particular these limitations of liability.
- You will defend, indemnify and hold harmless us, our affiliates and our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal costs, arising out of or in any way connected with any breach by you of these Terms of Use.
This section does not affect any legal rights you may have as a consumer.
- Viruses
We do not guarantee that our Sites will be secure or free from bugs or viruses and you should use your own, up-to-date, virus protection software.
You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. In case of breach of this provision, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
- Breach of these Terms of Use
- If you fail to follow these Terms of Use when using the Sites, you may be notified in respect of any such failure. This mail may include a warning that continuing to break the rules may result in action being taken against your account(s).
- If you are held to be in breach of any of these Terms of Use then we may temporarily or permanently suspend your ability to log on to your Account and/or access our Sites.
- If you post or send offensive or inappropriate content to, or via, our Sites or otherwise engage in any disruptive behaviour on the Sites, and we consider such behaviour to be serious and/or repeated, then we may use whatever information we have available to us about you to prevent any further such incidents from arising. This may include informing relevant third parties such as your employer, school or email service provider and/or the authorities regarding any such incident(s).
- We reserve the right to take action against any registered user, at any time, for any reason.
- Collection of Personal Data
Your use of the Sites and our Offerings will generate certain personal information that will be recorded electronically by us. Such information collection and our use thereof are subject to our Privacy Policy.
- Your Concerns
If you have a concern relating to our Sites, you should contact us at [email protected]. We aim to provide a written response to all complaints within 3-4 business days.
- General terms
Entire agreement
These Terms of Use (including any terms or policies explicitly incorporated by reference) set out the entire agreement between you and us in respect of your use of our Sites. These terms replace any prior related agreements and understandings between you and us.
No waiver
No failure, delay, neglect or forbearance by us to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver, or in any way prejudice any right of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Any rights not expressly granted herein are reserved.
Suspension or termination of access to our Sites:
You acknowledge that we may terminate, suspend or restrict your access to our Sites at any time at our absolute discretion.
Any provision of these terms that expressly or by implication is intended to come into, or continue in, force on or after termination of your right to use the Sites shall remain in full force and effect, including, any licences granted by you in respect of any uploaded content and the provisions of the section titled Limitations of Liability.
Severability
If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations above, then the invalid or unenforceable provision will be severed and the remainder of the agreement shall remain in full force and have full effect.
Subcontracting
We reserve the right to freely subcontract, assign, or otherwise transfer, all or part of our rights and obligations under these Terms of Use to any third party at our discretion.
Force Majeure
We will not be in breach of any of our obligations under these Terms of Use (or otherwise liable for any failure or delay in performance) if we are prevented, hindered or delayed in, or from, performing any of our obligations by any event beyond our reasonable control. The time for performance of such obligations shall be extended accordingly.
Cyprus law
These terms are governed by Cyprus law and any legal action against us must be taken in a Court in Cyprus.
If you or any third parties access our Sites from outside Cyprus, this is done at the user’s own risk and the user is responsible for complying with the laws in the place where they access our Sites.
Notices
We will send relevant invoices and notices, if and as required under these terms to the email address nominated by you.
It is your responsibility to ensure that you keep us informed of any changes to your contact details.
You will be deemed to have received a notice sent by email at the time that we send it.
Amendments
We reserve the right to change these terms (and any other terms, conditions, and notices under which our Sites are offered,) from time to time. All material changes will be published on our Sites. The agreement as amended will take effect from the date the relevant amendments are published on our Sites.