Last Updated on [July 2024]

Welcome to thehiracollective.com, the website, online community, messaging application, platform and service provided by The Hira Collective (15217695 Canada Inc.) and its related companies (collectively, "The Hira Collective," "us," "our," or "we"). These Terms of Use (the "Terms" or "Agreement") govern your access and use of our website, applications, features, and software, including all associated services, provided on or in connection with the online platform (collectively, the "Platform" or "Service(s)").

Notice

It is your responsibility to carefully read these Terms of Use ("Terms") prior to using our Site or purchasing or accessing any of our services, products and free or paid offerings, content, webinars, courses or resources, accessing membership portal, booking services with practitioners on the platform, signing up for events and all other offerings on website. (collectively, "Services"). These Terms govern and define your use of the Site and Services and are legally binding on you.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS, THE EXCLUSIVE USE OF A MANDATORY, FINAL AND BINDING ARBITRATION TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

YOU UNDERSTAND THAT THE SERVICE MAY PROVIDE YOU ACCESS TO EXCHANGE STORIES AND EXPERIENCES OF YOUR HEALTH, WELL-BEING AND/OR MEDICAL TREATMENT, AND THAT BY USING THE SERVICE ANY SUCH PROVIDED TREATMENT, MEDICAL OR PATIENT INFORMATION MAY BE ACCESSED AND VIEWED BY OTHERS. THESE TERMS ALSO LIMIT THE LIABILITY THAT WE HAVE TO YOU AND DISCLAIMS ANY AND ALL WARRANTIES AS TO THE SATISFACTION, OUTCOME OR RESULTS FROM YOUR USE OF THE SERVICE. WE DO NOT ENDORSE OR VERIFY ANY PRACTITIONERS, RESULTS, OR TREATMENTS THE SERVICE PROVIDES. THE SERVICE, RESULTS, OUR CONTENT AND MATERIALS ARE ALL PROVIDED TO YOU "AS IS," WITHOUT ANY GUARANTEES. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN USE OF THE SERVICE.

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE SERVICE, INCLUDING, ANY FEATURE, LINKS TO OTHER WEBSITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE TREATMENT PROVIDER.

ELIGIBILITY

You understand that these Terms establish a contract between you and www.thehiracollective.com. You must read and agree to these Terms before accessing or using the Service. If you are using the Service on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with www.thehiracollective.com, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 (or under 16 in Europe) is strictly prohibited and in violation of these Terms. Except as set forth in these Terms, or as otherwise approved by us, the Services are for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. The Service is not available to you if The Hira Collective has previously removed, banned or terminated your Account (as defined below).

The Hira Collective reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Hira Collective reserves the right to refuse any User access to the Services without notice for any reason, including but not limited to a violation of these Terms. If you violate these Terms, The Hira Collective reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that The Hira Collective need not provide you notice before terminating or suspending your Account(s), but it may do so in its sole discretion. Supplemental terms may apply to practitioners, treatment providers instructors, or studios who use the Services to list their services and/or to offer treatment (“Practitioners”), and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

ACCOUNT REGISTRATION

Upon launching the Service, if you do not already have a registered account (“Account”), you will be prompted to create one by providing and verifying personal information (your “Account Information”). You may also be required to select a username, a password and a valid email address and other information to access or utilize certain applications or features. You are responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials or other activity on your Account on the Platform. We reserve the right to reject any Account registration or to terminate your Account or prevent use of an Account in our sole discretion, and without any liability to you. You understand and agree that by providing your Account Information or creating an Account, you consent that all information and data associated with your Account (whenever provided), to be publicly displayed on your user profile. You understand and agree that your Account and profile will include personal information you provide, and that we may update your profile with information we extract from your Account Information or through your use of the Platform, and you permit us to share information with others.

You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. The Hira Collective disclaims any liability for third party actions made under your Account. You agree to notify us immediately if you believe the confidentiality of your log-in credentials have been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

COMMUNICATIONS

By creating an Account, using the Services or providing information to us, you electronically agree to accept and receive communications from Practitioners, The Hira Collective, The Hira Collective affiliates, or third parties providing services to The Hira Collective. You agree to accept and receive communications such as email, text, or mobile push notices, or notices and messages on the Platform, regarding security, privacy, and administrative issues relating to your use of the Service, and that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. For the purposes of these Terms, “affiliates” means any entity that directly or indirectly, controls, is controlled by, or is under common control of or with The Hira Collective, now or in the future. “Control” for these purposes means having a majority of shares or the right and ability to direct management.

FEEDBACK

By choosing to submit ideas, suggestions, proposals and/or improvements to the Services or otherwise (in written or oral form) (collectively, “Feedback”) to The Hira Collective, you represent and warrant that:

• You have the right to disclose the Feedback.
• The Feedback does not violate the rights of any other person or entity.
• Your Feedback does not contain the confidential or proprietary information of any third party or parties.
• The Hira Collective is entitled to use, disclose, reproduce, license, and otherwise distribute, and exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

By sending us any Feedback, you further:

• Agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback.
• Acknowledge that we may have something similar to the Feedback already under consideration or in development.
• Grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute, and sublicense the Feedback.
• Irrevocably waive, and cause to be waived, against The Hira Collective and its Users any claims and assertions of any moral rights contained in such Feedback.

This Feedback section shall survive any termination of your account or the Services. All rights in this section are granted without the need for additional compensation of any sort to you.

LIMITED LICENSE

Subject to your compliance with these Terms, The Hira Collective grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license under the intellectual property rights licensable by us to use and access the Service as permitted by the features of the Service.

The Hira Collective reserves all rights not expressly granted herein in the Service and the The Hira Collective Content (as defined below). You agree not to (and not to attempt to):

• Use the Service for any use or purpose other than as expressly permitted by these Terms.
• Reproduce, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms.
• Use data mining, robots, spiders, or similar data gathering and extraction tools on the Service.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by The Hira Collective or our licensors, except for the permissions and rights expressly granted in these Terms.

USE OF OUR SITE AND SERVICES

When you accessed our Site or opted-in to any of our Services, you were given reasonable notice that these Terms existed. By accessing and continuing to use our Site or by clicking to accept or agree to these Terms when the option is made available to you, you agree to be legally bound and abide by these Terms and our Privacy Policy whether or not you have read them. If you do not agree with these Terms or our Privacy Policy, you must not use or access our Site or Services.

By using our Site or by clicking to accept these Terms of Use (“Terms”), you accept and agree to be bound by and comply with these Terms as well as our Privacy Policy. By purchasing or accessing any of our Services, you further warrant to us that you are at least 18 years of age. If you are not at least 18 years of age, you are not allowed to use our Site. If you are using this Site on behalf of your employer, you guarantee that you have the authority to bind your employer to the Terms. If you do not meet these requirements, you must stop using our Site.

While we aim to keep this Site as up-to-date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered or change the prices of Services without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of any Services.

If you wish to have any of your personal information and/or access to our Site removed, you may email us at info@thehiracollective.com and we will make reasonable efforts to do so. More information about how we collect, process, and store your personal information can be found in our Privacy Policy.

FEES AND REFUNDS

You understand and agree that The Hira Collective will process payments and transactions between users and practitioners using integrated payment solutions such as PayPal, Stripe, or other preferred methods chosen by the user. All payments or financial transactions that you engage in will be conducted directly through the platform. While The Hira Collective facilitates these transactions, we do not have the ability to reverse any payments or transactions, nor do we provide refunds for any purchases made through the platform. All information that you provide to third-party payment service providers in connection with a payment, purchase, or other monetary transaction interaction through the platform must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase, transaction, or other monetary transaction interaction on the platform.

WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES AND WEBSITE ACT AS AN ADMINISTRATIVE PLATFORM ONLY. WE FACILITATE FINANCIAL TRANSACTIONS OR PAYMENTS BETWEEN PRACTITIONERS AND USERS. ANY TRANSACTION, PURCHASE, OR SALE YOU MAKE, ACCEPT, OR FACILITATE OUTSIDE OF THE PLATFORM WILL BE ENTIRELY AT YOUR OWN RISK. WE DO NOT CONTROL OR ENDORSE PAYMENTS OUTSIDE OF THE PLATFORM. WE EXPRESSLY DENY ANY OBLIGATION TO INDEMNIFY YOU OR HOLD YOU HARMLESS FOR ANY LOSSES YOU MAY INCUR BY TRANSACTING, OR FACILITATING TRANSACTIONS, OUTSIDE OF OUR PLATFORM.

Fees

Fees are as listed on our Site and in [CDN/US] dollars. We reserve the right to change our Fees at any time and without notice.

Refunds

Any refunds issued will be in our sole discretion and determined on a case-by-case basis.

We offer a full refund within 24 hours of purchase of Services from our Site *up to practitioner discretion. If you wish to request a refund, please contact info@thehiracollective.com.

Following receipt of the materials, we will issue a FULL/PARTIAL refund, the amount of which will be in our sole discretion.

Chargebacks

You agree to provide us fourteen (14) days’ notice to rectify any issues directly with us before submitting and attempting a chargeback with your financial institution or any third-party payment processor we use to process payment on our Site. We reserve the right to present proof of your access and these Terms to any third party investigating the dispute.

By initiating any chargeback dispute, you expressly agree to forfeit any and all bonuses, affiliate bonuses, or other materials or resources provided to you.

Payment Authorization

If any payment is recurring or made via a payment plan, you authorize our continued access to your financial information stored in any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout.

Rules of Conduct and Usage

Communication Channels

The Service provides a community-focused messaging and communication platform for Users to participate in public and private chat room forums ("Communication Channels"), designed to enable you to communicate with other Service Users. The Hira Collective has no obligation to monitor these communication channels but may do so in connection with providing the Service. The Hira Collective may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason.

You acknowledge that any User content (including without limitation chats, postings, or materials posted by Users) on the Communication Channels is neither endorsed nor controlled by us. The Hira Collective will not under any circumstances be liable for any activity within Communication Channels. You are solely responsible for any and all messages and content that are posted through your account on the Platform or Communication Channels.

Prohibited Conduct

As an example, you agree not to use the Service or the Communication Channels to:

• Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse any User.
• Impersonate another person or User, or use their email address, phone number, or account information.
• Engage in conduct that is fraudulent, illegal, or otherwise harmful to us, the Services, or any other User.
• Upload or transmit files that contain viruses, Trojan horses, worms, time bombs, or any other harmful software.
• Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law.
• Violate the intellectual property or personal rights of any party or User.
• Obtain or attempt to obtain passwords or other private information from other Users.
• Act in a manner that is harassing, trolling, threatening, abusive, racist, or otherwise objectionable.
• Discriminate regarding access to communities that you create.
• Promote, endorse, or further illegal activities.
• Exploit, distribute, or publicly inform others of any unintended advantage, bug, or cheat software.
• Promote or encourage illegal activities including hacking, cracking, or counterfeit software distribution.

These rules are not exhaustive. We reserve the right to determine what conduct violates the Terms and take necessary action, including account termination.

Enforcement by The Hira Collective

While The Hira Collective has no obligation to do so, The Hira Collective reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on the Platform (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on the Platform that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content (e.g. links titled: "Inappropriate" or "Flag" or symbols signaling the same) or by contacting us.

Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: our interpretation of our policies and the decision whether or not to remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.

While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from the Platform; suspending some or all of your rights to use the Platform; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our Users against the enforcement of subpoenas or other information requests that seek a User's electronic address or identifying information.

Disputes with Other Users

You are solely responsible for your interaction with other Users of the Service and other parties that you come in contact with through the Service. The Hira Collective hereby disclaims any and all liability to you or any third party relating to your use of the Service or interactions with other Users, or for any User’s action or inaction. The Hira Collective reserves the right, but has no obligation, to monitor or manage disputes between you and other Users of the Service.

Intellectual Property and Ownership of Rights

Ownership of Intellectual Property Rights

All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) on our Site, Services, or posted on social media is owned by us, unless attributed otherwise. All content on the Site and in any Services is proprietary to us and you may not modify, whether in whole or in part, any of our Intellectual Property as this is a violation of federal law.

You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any way, including re-posting or republishing any of our Intellectual Property to any third-party website or social media platform for any purpose whatsoever.

Linking to our Site and Social Media

Before you link to our website or social media, please ensure you are following our guidelines for doing so. If you wish to link to our Site as a source for a blog, article, or other marketing or promotional purpose, you are required to include a direct link to our Site in the cited material. You are not permitted to share copied information or content from our Site without our express, written permission. All links to our Website must establish that you do not have any association or endorsement from the Company (absent a separate affiliate agreement, influencer agreement, or other written agreement).

You are not permitted to repost any of our information on your own website or social media account without our express written permission. You agree to immediately remove any content when requested by us.

Digital Product Licensing

When you purchase or opt-in to any of our digital products, services or other resources (collectively “Digital Products”), you do not obtain any ownership interest or other rights to the Digital Products and all ownership in the Digital Products remains with us. By purchasing or opting into Digital Products, you receive a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access our Digital Products. As a condition of your use of any materials provided to you, you may not, under any circumstances, reproduce, copy, modify, sell or use such materials except as it was originally intended when it was provided by us to you, including sharing with any third-party.

If it is determined that you have breached this limited license, this will be considered infringement of our Intellectual Property rights and we specifically reserve the right to invoice you for any licenses you have sent to others, seek damages, an injunction, and/or any such other available legal remedy in our sole discretion.

As part of your limited, non-transferable, non-exclusive royalty-free license you may (i) access the Services for your personal use or use in your business for non-commercial purposes; (ii) download or print any of the materials provided to you as part of the Services for your personal use or personal use in your business only.

For clarity, as a condition of your limited license you may not:

• Re-sell, distribute or trade your access or passwords to access the Digital products;
• Share the Digital Products with anyone else who has not yet purchased it or opted in to receive it;
• Republish any of the Digital Products, in part or in whole;
• Distribute any of the materials contained in the Digital Products or related materials and/or communications as your own;
• Use the Digital Product in whole or in part as “inspiration” or make minor changes to any part or whole of your purchases for resale, sharing or distribution as your own work;
• Claim ownership or use over any of our intellectual property, including but not limited to our Digital Products without our prior consent;
• Use our Digital Products or Intellectual Property in any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

Violations and Indemnity

We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend, and hold us harmless for any and all damages, costs, and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.

Media Release

By using our Site, you grant us a commercial license to use any image(s), including any containing your likeness, that you submit to us whether voluntarily or by default, such as your profile picture on any social media platforms, for our future business use.

Security

General

You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.

Security

If at any time you are required to create a username and password to access any Services, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to info@thehiracollective.com.

Use of Third-Party Applications

In order to run our Site and provide our Services, we use a number of third-party applications, such as for processing payment, delivering electronic newsletters, booking systems, etc. For more information as to how your personal information is collected, stored, and processed, please refer to our Privacy Policy. You understand it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of use for any third-party application used by our Site, please discontinue use of our Site and Services immediately.

Confidentiality

You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.

Your Communication with Us

By submitting a comment, photo, video, or other materials to our Site or any other platform owned or maintained by us, you grant us a non-revocable, commercial license to re-publish your submission, in whole or in part, unless you expressly state that we may not do so. You acknowledge that we have no duty of privacy or confidentiality to you by accessing our Site.

Any communications made through our contact form, blog comments, email, social media pages or other related pages, or directly to our phone(s), mailing, or email addresses is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. We own any and all communications displayed on our website, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any information provided by you in those communications, please refer to our Privacy Policy.

We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site and Services as a result of any such behavior that we deem inappropriate.

Prohibited Behaviour

By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs, or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.

Assumption of Risk and Disclaimers

Assumption of Risk

Use of this Site is at your own risk. You understand and agree that use of our Site, its contents, and purchase of any services, or items found or attained through this Site is at your own risk. While we host our site on a reputable platform and take commercially reasonable efforts to maintain and host the Site, we make no representations, warranties, or guarantees as to your individual safety when using our Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, Services or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.

Warranties Disclaimer

We make no warranties as to our Site, the Services, or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Guarantees; Testimonial Disclaimer

While we may reference certain results, outcomes, or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services. The testimonials, statements, and/or opinions presented on our Site are the results of the individuals who provided them. Results and/or experiences of each individual may vary. The testimonials used on our Site may not represent and do not guarantee the same or similar result or experience of others who use our Site and/or Services. All testimonials provided on our Site were voluntarily provided without payment or in exchange for any compensation, including free Services, unless expressly indicated otherwise.

General Disclaimer

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract, or otherwise, whether foreseeable or unforeseeable.

Disclaimers; No Warranty

Disclaimer of Medical Liability

The Services are offered for informational, educational, and scheduling purposes only, and are not intended to be a substitute for medical advice, diagnosis, or treatment. We do not provide therapy, medical advice, or medical or diagnostic services. We solely offer an online platform for practitioners and users to connect online and for users to obtain information, treatments, and medical conditions. The Hira Collective does NOT employ, and is not responsible for, the practitioners. We shall not be responsible for any act or omission of any practitioner or user. The Hira Collective’s responsibilities are limited to providing the platform and the services.

Practitioners and users are solely responsible for their interactions with each other and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your interaction with or visit to any such practitioner. You agree not to impose or attempt to impose liability on or seek any legal remedy from The Hira Collective with respect to any and all such claims. The Hira Collective cannot and does not control the content contained in any profile. The Hira Collective is not responsible for and disclaims any and all liability related to any and all practitioners' services obtained through the platform and/or the services. Accordingly, any practitioner's services obtained by a user or provided by a practitioner through the platform will be made at such user’s own risk. Nothing stated, posted, or available through the services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.

The Services are not intended for diagnosis, including information regarding which drugs or treatment may be appropriate for you, and you should disregard any such drug treatment advice if delivered through the Platform. You are advised to exercise a high level of care and caution using the Platform.

You agree, confirm, and acknowledge that you are aware that the Services do not substitute for a face-to-face session by a licensed qualified professional. You should never rely on or make health or well-being decisions purely based on this Platform. You should never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare professional because of information or advice you receive through the Platform.

Any information presented on the website or platform by practitioners, advertisers, and other users is presented for your information and may not be appropriate for any particular individual or prediction of effectiveness, outcome, or success. If you rely on any information on the Platform, you do so solely at your own risk.

Even though we take steps to verify the information provided to us by practitioners, we cannot guarantee the authenticity of such information, including medical degrees, licenses, certification, credentials, or background. We do not recommend or endorse any practitioners, nor do we make any representation or warranty with respect to any such information or the quality of the services they may provide.

No Warranty

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from The Hira Collective or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, The Hira Collective, its subsidiaries, its affiliates, and its licensors do not warrant that any content is accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service, platform, content, and any The Hira Collective material is free of viruses or other harmful components. You will be solely responsible for any damage to your computer system or mobile device or loss of data that results from your use of the Service.

Further, The Hira Collective does not warrant, endorse, guarantee, or assume responsibility for any product, service, or content, including any material or content, advertised or offered by a third party through the Service or any hyperlinked website or service, and The Hira Collective will not be a party to or in any way monitor any transaction between you and third-party providers.

The Hira Collective will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of services, including but not limited to any losses, damages or claims arising from:

• User error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses;
• Server failure or data loss;
• Corrupted wallet files;
• Unauthorized access to applications;
• Any unauthorized third party activities, including without limitation the use of viruses, phishing, brute-forcing or other means of attack against the Service, platform, The Hira Collective material, third-party content, your account, or your information.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall The Hira Collective, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will The Hira Collective be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by applicable law, The Hira Collective assumes no liability or responsibility for any:

• Errors, mistakes, or inaccuracies of content;
• Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service;
• Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
• Any interruption or cessation of transmission to or from the Service;
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party;
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service;
• User information or the defamatory, offensive, or illegal conduct of any third party.

Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of The Hira Collective arising out of or in any way related to this Agreement, the access to and use of the Service, content, The Hira Collective material, or any products or services purchased on the Service exceed $100. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if The Hira Collective has been advised of the possibility of such damage.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.

Earnings Disclaimer

You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of guaranteed results. Each individual user approaches our Services with different backgrounds, disposable income levels, motivation, and other factors that are outside of our control. We cannot guarantee your success, treatment or financial gain merely upon access of our Site or your use of Services.

Third Party Disclaimer

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.

Technology Disclaimer

We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider.

We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Use of Artificial Intelligence Disclaimer

We may use artificial intelligence ("AI") to create content and resources for our Site. Our Site and related materials may contain the use of AI technologies including, but not limited to, AI-generated text, graphics, images, and/or audio.

We confirm AI technology was used as a tool by us to supplement, enhance, and make suggestions to our content, and not as a replacement for our own thoughts, ideas and final materials. We further confirm that the content and resources, opinions and final products, whether offered for free or for sale, are wholly human and original to us. We retain and maintain sole copyright ownership over such content. We further confirm we were given a non-exclusive license to use such AI-generated content from third-party AI platform(s).

You understand and acknowledge that we make no guarantee as to the accuracy of third-party AI-generated content contained herein and you expressly acknowledge and understand that any information or knowledge you gain as a result of using any AI-generated content on this website is used at solely at your own risk.

Not Professional Advice

We are not medical, legal, financial, or other regulated professionals, or if we are, your use of our Site does not mean we are providing our professional services to you. You expressly acknowledge and agree that we are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of any Service.

No part of our Site, the Service or any related content or materials are to be construed as medical, legal or financial advice. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this Site and/or Services.

By visiting our site, no professional or client/patient relationship is formed with practitioners on the platform or with The Hira Collective. We owe you no duty of confidentiality or other professional duty as a result of your use of our Site and/or Services, unless we have expressly agreed to enter into a [lawyer/accountant/doctor]- relationship with you.

Third-Party Contributors

We may provide content to you written by third-party contributors on our Site. While we make our best effort to ensure all of our practitioners are qualified in their industry and reflect our values, we make no guarantees of quality or accuracy.

All written content and services on the Site are opinion pieces and must not be interpreted as our opinion or as specific advice. We are not liable for any third-party contributors' content or opinions. You must not rely on Site content or third-party contributors' opinions and always seek the appropriate professional advice.

Online Store Disclaimer

Certain products may be available exclusively online through the Site and in limited quantities. We have made every effort to display as accurately as possible the colours and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sale of products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

All descriptions of products and pricing of products are subject to change at any time without notice and we reserve the right to discontinue any product at any time. We do not warrant that the quality of any products will meet your expectations, or that any errors in the Service will be corrected.

Limitation of Liability and Indemnity

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL COMPANY NOR, WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AFFILIATES OR SUCCESSORS (“COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

This includes, but is not limited to:

• Personal injury
• Pain and suffering
• Emotional distress
• Loss of revenue, profits, or business
• Loss of anticipated savings
• Loss of use or goodwill
• Loss of data

Whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the website, any linked websites or such other third-party websites.

Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause, shall be limited to the actual amount paid by you for any products and/or services ordered through our Site.

Release, Indemnity, and Waiver

To the maximum extent permitted by applicable law, you agree to defend, indemnify, release, and hold harmless the Released Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your breach of these Terms
• Your use of our Site, including user submissions
• Third-party sites
• Any use of our Site’s content or materials
• Services and products other than as expressly set out in these Terms

Affiliate Disclaimer

We may use affiliate links to sell certain products or services on our Site. If you click on a link and purchase an item, we may receive an affiliate commission. By using affiliate links, we disclaim any and all liability as a result of your purchase, including but not limited to:

• The delivery of the product
• The quality and safety of the purchased product or service

We will use reasonable efforts to notify you when and where we have placed affiliate links. You accept full responsibility for any consequences or benefits of clicking affiliate links contained on our Site or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site, services, or products.

Termination of Your Use

If at any time we believe that you have violated these Terms, we reserve the right to immediately terminate your use of our Site, the Services, and any related communications at our sole discretion.

We may block or revoke your access to our Site and Services at any time without notice and, if necessary, block your IP address from further visits.

Disputes and Claims

Notice of Dispute or Claim

You will not file any legal action against The Hira Collective (15217695 Canada Inc.) in any forum without first submitting a detailed description of your dispute or claim to us at info@thehiracollective.com ("Dispute").

The information you provide must include:

• The nature of the issue
• The specific Site page(s) affected
• Reference to any legal authority governing the issue (e.g., state privacy laws, CAN-SPAM statutes, etc.)
• Any other relevant information that could help resolve the dispute

Resolution Process

We shall have ninety (90) days to respond to your email notice. If you send multiple notices, the 90-day response period applies separately to each email.

If the issue remains unresolved after ninety (90) days, you may request informal mediation within thirty (30) days. If we agree to mediation, it will take place in Ontario, Canada with a mutually selected professional mediator. The costs of mediation will be split equally between the parties.

Litigation

If a dispute cannot be resolved informally or through mediation, litigation may commence in the courts of Ontario, Canada. Both parties agree to:

• Submit to the exclusive jurisdiction of these courts
• Not bring disputes in any other court or adjudicative body
• Waive any objections regarding convenience or jurisdiction

Jury and Class Action Waiver

YOU WAIVE THE RIGHT to:

• A trial by jury
• Participate in a class action
• Seek remedies beyond individualized relief

You agree not to act as a plaintiff or class member in any class or representative proceeding.

Time Limitation

Any Dispute(s) must be filed within two (2) years after the cause of action arose. You waive any statute of limitations to the contrary.

Injunctive Relief

Your breach of these Terms may cause immediate and/or irreparable harm to The Hira Collective (15217695 Canada Inc.). As such, we may seek injunctive relief against you without the need to post bond.

General Terms

Full Agreement

You acknowledge that these Terms of Use, together with our Privacy Policy, constitute the full agreement regarding your use of the Site and Services.

Governing Law, Jurisdiction & Legal Fees

These Terms, as well as our Privacy Policy, are governed by and interpreted in accordance with the laws of Ontario, Canada, and the federal laws of Canada, where applicable.

Any disputes arising directly or indirectly from this Agreement will be heard exclusively in the courts of Ontario, Canada. Subject to applicable law, the substantially prevailing party in any dispute litigation will be entitled to recover reasonable legal fees and costs, including expert costs.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law.

Waiver

Failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver by us must be expressly stated in writing.

All Rights Reserved

We reserve the right to update and change these Terms at any time. It is your responsibility to review these Terms periodically. The most current version of our Terms is always available on this page.

If you wish to be notified about changes to these Terms and our Privacy Policy, please email us at info@thehiracollective.com to be added to our notification list.

If you continue to use the Site after changes are made, you agree to the updated Terms.

Contact

If you have any questions about these Terms and Conditions of Use, please email us at: info@thehiracollective.com.