1. Acceptance of Terms
By using the Site, you (i) agree to be bound by the Terms, (ii) represent that you are over the age of thirteen (13) and able to form legally binding contracts, (iii) agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged and represent that you are neither located in sanctioned country nor a prohibited person.
Please note that these Terms provide that if you and Natural Gurus are unable to resolve any disputes that arise between you and Natural Gurus, the dispute will be resolved by a specific dispute resolution process that may include arbitration. Arbitration is binding and is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
In the Terms, "User," "you" and "your" refer to the individual or entity that creates a Natural Gurus account as a Customer and/or Expert. "Natural Gurus," "we," "us" and "our" refer to Natural Gurus. "Customer" refers to the person who initiates the payment for service. "Expert" refers to the person (or persons)
3. Electronic Communications and Right to Modify Terms
When you visit Natural Gurus or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your Natural Gurus account profile, your current and active email address. Natural Gurus may modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing User upon the earlier of the agreement of the User or thirty (30) days after notice to the existing User, either via email from admin@NaturalGurus.com or another @Natural Gurus.com email address to your email address on file with Natural Gurus or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the Natural Gurus website. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from these email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
4. Natural Gurus Is a Venue; Third-Party Content
The Natural Gurus Site is a venue for informational and educational purposes to allow Customers to ask questions and Experts to answer them. Users of the Site, not Natural Gurus, seek answers to common questions in the Natural Health fields. (defined below). The Experts can accept video bookings to answer such queries; Experts are not employees or agents of Natural Gurus but are independent service providers using the Site to sell their Expert knowledge to Customers and, as such, are along with Customers simply Users of the Site. Natural Gurus is not involved in the conversations between Customers and Experts and does not refer Customers to or endorse or recommend particular Experts. You understand and acknowledge that Natural Gurus cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts (insights or sessions). Natural Gurus shall not be liable for any acts or omissions of Experts, the ability of Experts to answer questions or the ability of Customers to pay for the session. We cannot ensure that a Customer or Expert will complete a transaction. Notwithstanding the foregoing, Natural Gurus reserves the right, but is not obligated, to remove and information or user that may prove to be hazardous to the website.
5. No Professional Client Privilege (Confidentiality)
The Site is an Internet-based community. Information and materials submitted in the content of your video sessions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Insights Forum and other places where Users communicate on the Site (collectively "Posts") is not private or confidential, nor is it protected by attorney-client, doctor-patient, or any other privilege, and it may be read, collected, and used by others.
6. Verification; No Reliance on the Term "Expert"
Natural Gurus makes its best effort to ensure that every Expert on the Site has had at least one credential relevant to the category in which they are answering questions verified by a third-party verification service, unless the Expert is answering questions in a category that is still being tested by Natural Gurus in "Beta". Details regarding the credential(s) verified for each verified Expert can be found by viewing the verification buttons under the “about me” section. lOther information about an Expert, not shown as verified, has been provided by the Expert but has not been verified. While Natural Gurus strives to admit only high-quality Experts onto the Site, use of the term "Expert" by Natural Gurus and on the Site is only meant to describe Users who communicate on the site, and not to guarantee any particular level of expertise of these Experts. Regarding the verification process, Natural Gurus contracts with third-party service providers to perform the verifications described above; Natural Gurus does not itself verify the credentials of the Experts. The results of the verifications are only as accurate as the information provided to and by the third-party verification services, as of the time of the providing of information to and by the third-party verification services. Natural Gurus makes efforts to verify, including using a third-party identity verification service, but cannot warrant or guarantee an Expert's purported identity; user identification on the Internet is difficult. For these reasons, Natural Gurus cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by Users including Experts. You acknowledge that Natural Gurus will not be liable for any loss or damage caused by your reliance on any information or content contained in Posts.
7. Information Not Advice; No Client-Professional Relationship
Knowledge and general advice of Experts on the Site are provided by Experts and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice. Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions. No professional-client relationships shall be formed on the Site. Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits. Before you can interact with an Expert, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms.
8. User Accounts; Restricted Activities; Suspension or Termination of Service
User Accounts. When you register as a User on the Site, you can establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Natural Gurus of any unauthorized use of your password or account. You should only create one account on the Site. If your Natural Gurus account has been suspended or terminated, you may not open another account on the Site. You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Natural Gurus accounts. Restricted Activities. You agree that any content you provide on the Site and your use of our Site or any Additional Services (whether such Additional Services are Informational or Beyond-Information Only, as defined below) initiated through the Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (Natural Gurus has adopted Take Down Procedures for unauthorized use of copyrighted material); (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with Natural Gurus or the Site; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with "Mature Audiences Only" in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content (Information on Parental Control Protections); (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without Natural Gurus's prior written consent. We do not knowingly collect personal information from children under thirteen years of age, and if we become aware that a child under the age of thirteen (13) has submitted personal information to us, we will promptly remove it from our systems. You are prohibited from soliciting Users of this Site, including Experts, for any purpose (including inviting other Users to contact you off of the Site or inviting Users to participate in a website that competes with Natural Gurus or the Site or charges money to receive answers or to communicate with purported experts or specialists).
Suspension or Termination of Service. You may terminate your service and account at your sole discretion and at any time by written notice via e-mail to admin@NaturalGurus.com. Terminations typically will be effective within 7 business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms. At any time, without notice, for any or no reason, Natural Gurus reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users’ accounts.
9. Charges, Rating the Expert, Refund and Cancellation Policy
Natural Gurus's platform allows Customers arrange video sessions with Experts in subject-matter categories, facilitates communication with Experts via chat, and online messages, and video. It enables delivery of answers to your questions, among other services ("Site Access Benefits"). Customers on the Site may be presented with one payment mode (1. Pay-per-minute session in minimum blocks of 15 minutes.
If Natural Gurus believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, Natural Gurus will continue to investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. Natural Gurus will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as we and/or a third-party investigate. Natural Gurus maintains the right to initiate special incentive pricing, membership, and other programs. These may be limited, at Natural Gurus’s sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into Customer accounts by Natural Gurus for use towards answers on the Site remain the property of Natural Gurus (they never become the property of Users and never become refundable to the User), and unless otherwise stated on the Site or in an email to a User, will be usable only for thirty (30) days.
10. Receipt of Special Offers and Other Communications
Users are responsible for their acts and omissions and content placed on the Site. Because the Natural Gurus Site is a venue, in the event that you have a dispute with one or more Users, you release Natural Gurus (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12. Proprietary Rights of Content
You acknowledge that Natural Gurus and its licensors and suppliers own the rights to the Natural Gurus website and the content displayed on the Site. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Natural Gurus website, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Natural Gurus, Natural Gurus Users, or Natural Gurus Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. You agree that Posts on the Site, materials, ideas, comments and testimonials you submit on the Site or other venues, including but not limited to the Natural Gurus blogs, the Natural Gurus venues on www.facebook.com, www.twitter.com, www.linkedin.com, www.youtube.com, www.pinterest.com, plus.google.com, www.flickr.com or to the Site administrator or any employee, officer or agent of Natural Gurus ("User Content"), will not be considered confidential and may be used by Natural Gurus, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that Natural Gurus owns, and has the right to register in its name, trademarks and service marks for any category names that you create on Natural Gurus, so do not use a category name that you want to reserve for your own benefit. Natural Gurus may use other trademarks or service marks in lieu of the category names that you create. You grant to Natural Gurus a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known, with respect to any such Posts/Insights and other User Content.
13. No Endorsement of Non-Natural Gurus Entity; No Relationship with Users
Natural Gurus may endeavor to offer to its Users products and services offered by non-Natural Gurus entities. Placement of information, logos, links or names of such non-Natural Gurus entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronize any such entity and hold Natural Gurus harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Natural Gurus or between any User (including Customers and Experts) and Natural Gurus by formation of this Agreement (or any of the Related Agreements) or by your participation on the Site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
14. Information Control and Storage
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that Natural Gurus is not responsible for the acts or omissions of Users on the Site. The amount of storage space per User is currently limited. You agree that Natural Gurus is not responsible or liable for the deletion or failure to store content and/or other information.
15. Exclusion of Warranties
NATURAL GURUS SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. NATURAL GURUS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NATURAL GURUS DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. UNDER NO CIRCUMSTANCES WILL NATURAL GURUS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS' SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NATURAL GURUS OR THROUGH OR FROM THE NATURAL GURUS SERVICES SHALL CREATE ANY WARRANTY.
16. Limitation of Liabilities
IN NO EVENT SHALL NATURAL GURUS, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO NATURAL GURUS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. You and Natural Gurus agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users' responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.
You agree to indemnify and hold Natural Gurus, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any third-party that are in any way due to or arising out of your use of or conduct on the Site.
18. Press Releases and Third-Party Press about Natural Gurus
The Site may contain press releases and other information about Natural Gurus. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Natural Gurus. Likewise, third-party press about Natural Gurus or the Site should not be relied upon as being provided or endorsed by Natural Gurus.
19. Choice of Law and Dispute Resolution
The Terms shall be governed by, and construed in accordance with the laws of Australia.
NO CLASS CLAIMS; WAIVER. YOU AND NATURAL GURUS EXPRESSLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING and that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of Site users or otherwise asserting claims on behalf of a class ("Waiver"). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the courts and agree to waive any and all jurisdictional, venue or inconvenient forum objections. This Dispute Resolution section shall survive termination of this Agreement and the termination of your relationship with Natural Gurus.
20. Agreement; Assignment; Miscellaneous
E. Additional Services
You may be presented with an offer for services outside of the Site’s standard question-and-answer platform (“Additional Services”). Natural Gurus is only a venue which facilitates communication between Experts and potential Users of Additional Services. It does not provide any of the substance or content of any Additional Service initiated through Natural Gurus’s platform. Natural Gurus will in no way be liable for any acts or omissions of Experts in performing Additional Services for you.
21. Special Provisions Relating Video Conferences
Natural Gurus makes the best effort to ensure that the meetings held within the video sessions are confidential in nature. Natural Gurus cannot guarantee that a third party, hacker or anonymous spyware can have access to the exchanges between parties.
22. Misinformation of answers and content of video sessions
Natural Gurus is indemnified against an wrong-doing, wrong advice, conflicting comments, or any such actions that are on the website (or subsidiaries) that may lead to harm, negligence or anything pertaining to a negative impact on the end user. Natural Gurus is a facilitator of a community platform in which the information exchanged between users as well as public content (posted) is not monitored.
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