Terms & Conditions

Welcome to TheHealing.com, operated by The Healing, Inc. (“us,” “we,” the “Company” or the “Healing”).

1. What is thehealing.com?

Thehealing.com is a platform in alternative non-conventional medicine, offering alternative therapy services. We do not think of ourselves as curing illnesses, rather, our approach at TheHealing.com is to help prevent diseases before they happen or to treat existing disease symptoms to restore health and well being. As such, thehealing.com should be used as a complementary therapy to conventional medicine. Always consult your medical doctor for advice before undergoing any complementary therapy.

1. Acceptance of Terms of Use Agreement.

By creating an account on thehealing.com or by using any service provided by the Company, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Cookie Policy, and Arbitration Procedures, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement (other than the limited one-time opt-out right for certain members provided for in Section 15), you should not use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on thehealing.com. You should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with the Healing, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

2. Eligibility.

You must be at least 18 years of age to create an account on thehealing.com and use the Service. By creating an account and using the Service, you represent and warrant that:

you can form a binding contract with the Healing,

you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition),

you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations

telephone service fees associated with such access).

3. No Guarantee.

At The Healing, we do our best to provide quality Products and Services. The user acknowledges that the Company cannot guarantee any results whatsoever from using the website or the therapies it offers.  

4. Momentaneous Interruptions. 

Because of the technical specificities of the platform, temporary interruptions or “bugs” may occur. The user acknowledges this and agrees that it these are normal events that are out of our control. You also agree that we are not responsible for the third party services and networks that the Company may use to provide you with the different products and services. These are provided “AS IS” and the Company does not assume responsibility for any of the services provided.  

5.  Your Account.

In order to use thehealing.com, you will sign in using a username and a password that you will create.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for the Healing, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please contact us immediately.

6. Modifying the Service and Termination.

You may terminate your account at any time, for any reason, by sending an email to hello@thehealing.com.

Thehealing.com may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and the Healing: Section 4, Section 5, and Sections 12 through 19.

7. Safety; Your Interactions with Other Members.

Thehealing.com is not responsible for the conduct of any Therapist on or off of the Service. You agree to use caution in all interactions with Therapists, particularly if you decide to communicate off the Service or meet in person.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THERAPISTS. YOU UNDERSTAND THAT THEHEALING.COM DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS THERAPISTS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS THERAPISTS. THE HEALING MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CREDENTIALS OR COMPETENCIES OF THERAPISTS.

8. Rights the Healing Grants You.

Thehealing.com grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by the Healing and permitted by this Agreement. Therefore, you agree not to:

• use the Service or any content contained in the Service for any commercial purposes without our written consent.
• copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without thehealing.com’s prior written consent.
• express or imply that any statements you make are endorsed by thehealing.com.
• use any robot, bot, spider, crawler, scraper, site search/retrieval application, a proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
• upload viruses or other malicious code or otherwise compromise the security of the Service.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
• “frame” or “mirror” any part of the Service without thehealing.com’s prior written authorization.
• use meta tags or code or other devices containing any reference to thehealing.com or the Service (or any trademark, trade name, service mark, logo or slogan of the Healing) to direct any person to any other website for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
• use or develop any third-party applications that interact with the Service or other members’ Content or information without our written consent.
• use, access, or publish the Healing application programming interface without our written consent.
• probe, scan or test the vulnerability of our Service or any system or network.
• encourage or promote any activity that violates this Agreement.

Thehealing.com may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

9. Rights you Grant thehealing.com

By creating an account, you grant to thehealing.com a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to Therapists by the user (collectively, “Content”) or if you are a Therapist, published or shared on the platform (website and app). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other thehealing.com users).

You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the information on the Service and grant the license to thehealing.com above.

You understand and agree that we may monitor or review any information you post as part of a Service. We may delete any information, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.

In consideration for thehealing.com allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to TheHealing regarding our Service, you agree that thehealing.com may use and share such feedback for any purpose without compensating you.

You agree that thehealing.com may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of the Company or any other person.

10. Community Rules.

By using the Service, you agree that you will not:

• use the Service for any purpose that is illegal or prohibited by this Agreement.
• use the Service for any harmful or nefarious purpose.
• use the Service in order to damage thehealing.com
• spam, solicit money from or defraud any users.
• impersonate any person or entity or post any images of another person without his or her permission.
• bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
• post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
• post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence, or contains nudity or graphic or gratuitous violence.
• post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
• use another user’s account, share an account with another user, or maintain more than one account.
• create another account if we have already terminated your account unless you have our permission.
• Try to harm or impend Thehealing.com’s software, hardware or telecommunications equipment.
• Try to obtain unauthorized access to any data or information of Thehealing.com or any third party used on the platform.

Thehealing.com reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that the Healing regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

11. Other Users’ Content.

Although thehealing.com reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and The Healing cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service.

12. Content and Intellectual Property

As per these terms and conditions, ‘content’ is defined as any information, software, media of any kind (photos and videos), graphics or any other material published on Thehealing.com.

By accepting our Terms and Conditions, you understand that all content published on our website is protected by intellectual property rights and is the property of the Company or its partners and affiliates.

As per our Privacy Policy, you understand that any material of all kind(text, photo, video, etc.) that is published on the healing.com or sent to the Company by any means including email, for any reason, will be treated as non-confidential and non-proprietary content. This automatically grants the Company and its affiliates to use the content freely without any financial retribution, perpetually and worldwide. The Company is granted the right to copy, publish, modify, translate and use the content without any restriction whatsoever.

13. Purchases.

General. thehealing.com offers therapeutic sessions available for purchase through the website. If you choose to make a purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Paypal) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you have selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize the Healing or the third-party account, as applicable, to charge you.

Thehealing.com may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, thehealing.com may terminate your account immediately in its sole discretion.

You may edit your Payment Method information by visiting the Healing and going to Settings. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

Refunds. You will be entitled to a full or partial refund of a paid session in the following circumstances:

Force Majeure: In the event of force majeure, you will receive a full refund for the paid session. We reserve the right to require that you provide reasonable proof of the causal link between the force majeure event and the cancellation

In case of a cancellation for any reason other than a force majeure:

1. You will be fully reimbursed if you cancel the reservation 48 hours or more prior to the scheduled session.
2. You will be refunded 50% of your paid session if you cancel the reservation more than 24 hours before the session.
3. You will not be reimbursed for the session fee if you cancel it less than 24 hours before the session.

In any event, you will be entitled to a full refund of the fees paid if your Therapist cancels a reservation without offering you an accommodating alternative date for the session.

To request a refund:

You may request a refund by following the instructions in “settings” in the service or by contacting our customer service at hello@thehealing.com. 

For bookings made for less than 3 days before the date and time of the session, these are not considered confirmed. They will remain pending until the Healer confirms his or her availability. Your payment will not be processed until the booking has been confirmed. Once the Healer confirms the session you will receive an email confirming your booking. Otherwise, your booking will not have been confirmed. No bookings will be taken for less than 24 hours away from the date and time of booking.

14. Disclaimers.

THEHEALING.COM PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO SERVICES PROVIDED BY THERAPISTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, COMPETENCES, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THEHEALING.COM DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE APPROPRIATE, COMPETENT OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY TREATMENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE APPROPRIATE.

THEHEALING.COM TAKES NO RESPONSIBILITY FOR ANY SERVICE PROVIDED BY THERAPISTS. ANY THERAPEUTICAL SESSION BOOKED AND OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

THEHEALING.COM DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY THERAPIST, ON OR OFF THE SERVICE.

THEHEALING.COM CAN INCLUDE MISTAKES OR INACCURACIES OR ERRORS. WE WILL MAKE CHANGES TO THE CONTENT OF THE WEBSITE ATALL TIMES INCLUDING THERAPIE SELECTIONS, PRICES, THERAPISTS, ETC.WITHOUT NOTICE. THE CONTENT OF OUR PRODUCTAND SERVICES MAY BE OUT OF DATE AND WE WILL NOT COMMIT TO UPDATE THE CONTENT.

THE USE OF OUR PRODUCT AND SERVICES WILL BE DONE AT YOUR DISCRETION AND YOU AGREE THAT YOUR ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MATERIAL AND DATA.

WE DO NOT GUARANTEE ANY ERRORS THAT CAN OCCUR ON A THIRD PARTY TECHNOLOGY. YOU UNDERSTAND AND AGREE THAT THESE TRANSACTIONS ARE CONDUCTED AT YOUR OWN RISK. THE WARRANTY PROVIDED BY A THIRD PARTY ON OUR WEBSITE IS THE SOLE RESPONSIBILITY OF THE THIRD PARTY.

15. Third-Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. Thehealing.com is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Thehealing.com is not responsible or liable for such third parties’ terms or actions.

16. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HEALING, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF THERAPISTS` OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF THE HEALING HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE HEALING’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO THE HEALING DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST THE HEALING, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 16 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

17. Retroactive and Prospective Arbitration, Class-Action Waiver, and Jury Waiver.

Except where prohibited by applicable law:

1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or the Service, regardless of the date of accrual and including past, pending, and future claims shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceeds in small claims court instead if the claim is within the jurisdiction of the small claims court. If the request to proceed in small claims court is made before an arbitrator has been appointed, the arbitration shall be administratively closed. If the request to proceed in small claims court is made after an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court. Such arbitration shall be conducted by written submissions only, unless either you or thehealing.com elect to invoke the right to an oral hearing before the Arbitrator. But whether you choose arbitration or small-claims court, you agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against thehealing.com.
2. By accepting this Agreement, you agree to the Arbitration Agreement in this Section 14. In doing so, BOTH YOU AND THEHEALING.COM GIVE UP THE RIGHT TO GO TO COURT to assert or defend any claims between you and the Healing (except for matters that may be properly taken to a small claims court and are within such court’s jurisdiction). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING, including, any future class actions.
3. If you assert a Claim against thehealing.com outside of small claims court (and the Healing does not request that the claim be moved to small claims court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. The same is true for thehealing.com. Both you and thehealing.com are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant the relief that a court can, including the ability to hear a dispositive motion (which may include a dispositive motion based upon the parties’ pleadings, as well as a dispositive motion based upon the parties’ pleadings along with the evidence submitted), but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
4. The Jurisdiction and Venue provisions in Sections 18 and 19 are incorporated and are applicable to this Arbitration Agreement.

As you decide whether to agree to this Arbitration Agreement, here are some important considerations:

Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties under the JAMS Streamlined Arbitration Rules & Procedures. Arbitration does not limit or affect the legal claims you as an individual may bring against t thehealing.com. Agreeing to arbitration will only affect where those claims may be brought and how they will be resolved.

Arbitration is generally considered to be a more rapid dispute resolution process than the judicial system, but that is not always the case. The Arbitrator will typically determine whether the Healing or you will be required to pay or split the cost of any arbitration with the Healing, based on the circumstances presented.

WHETHER TO AGREE TO THIS ARBITRATION AGREEMENT IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD TAKE CARE TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.

18. Governing Law.

Except where our arbitration agreement is prohibited by law, the laws of the state of Delaware, U.S.A., without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with thehealing.com. Notwithstanding the foregoing, the Arbitration Agreement in Section 17 above shall be governed by the Federal Arbitration Act.

19. Venue.

Except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with the Healing that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Delaware, U.S.A. You and thehealing.com consent to the exercise of personal jurisdiction of courts in the State of Delaware and waive any claim that such courts constitute an inconvenient forum.

20. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless the Healing, its affiliates, and its respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

21. Entire Agreement; Other.

This Agreement, which includes the Privacy Policy, Cookie Policy, and Arbitration Procedures, and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service, contains the entire agreement between you and thehealing.com regarding your relationship with the Healing and the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Healing to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your thehealing.com account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind the Healing in any manner.