MEMBERSHIP AND PAYMENT

• Access to the Painology Powerhouse Portal requires a paid membership. Members can choose between an annual fee paid in full at the time of enrolment or a monthly fee paid in recurring instalments. Monthly instalments are due on the same date each month. Failure to make timely payments may result in suspension or termination of membership access. Details regarding membership fees and payment options can be found on the Website or by contacting Painology directly.

• You can reach out to us directly through the ‘Contact Us’ page on our website for any membership or payment-related queries. Our dedicated support team is available to assist you with any questions or concerns you may have.

• We accept debit or credit card payments, processed securely through Stripe.

• All products and materials within the membership, including courses, workbooks, guides, and meditations, remain the intellectual property of Painology and may not be reproduced or distributed without express written permission.

• If we are unable to process your membership payment, our system will typically reattempt payment every three (3) days using your existing payment method. We reserve the right to manually retry payments at any time using your existing or any new payment methods added to your account to settle outstanding debts.

• Painology is not responsible for any late payment fees or reclaimed failed payments imposed by your payment provider. It is your responsibility to ensure your payment information is accurate and up-to-date. If you choose to cancel your membership, it is your responsibility to cancel any recurring payments with your payment provider.

• Painology does not accept payment by cheque. Any purchases or agreements made will be immediately suspended until all outstanding balances are paid in full.

• By using a third-party payment processor, you agree to be bound by their terms of service and privacy policy. Please review Stripe's policies for information on how they handle your payment information. The reference link is provided below:

https://stripe.com/in/legal/payment-terms

AGE RESTRICTIONS

• Painology's services are intended for a general audience. However, we recognise the importance of parental involvement for users under a certain age. If you are under the age of legal majority in your jurisdiction (typically 18 years old), you may use the Website only with the involvement and consent of a parent or legal guardian.

• By using the Website, you represent and warrant that you are either of legal age or are using the Website with the permission and supervision of a parent or legal guardian.

SUBSCRIPTION FEE

• Membership fees for the Painology Powerhouse Portal are detailed on the Website and are subject to change. Members can choose between a monthly subscription or an annual subscription paid in advance. The annual subscription offers a discount equivalent to two months of membership fees.

• Additional services, such as VIP coaching sessions and specialised courses, are priced separately and are not included in the standard membership fees. Prices for these services are clearly displayed on the Website at the time of purchase.

ACCOUNT CREATION

An email address is required to download information, which will be stored securely within our website's administrative portal. Additionally, creating a Painology account is mandatory to access paid courses and the exclusive Painology Powerhouse Portal. This account serves as your personalised gateway to premium content, community features, and interactive tools. To create an account, you must provide a valid email address and create a unique password. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. Painology reserves the right to suspend or terminate any account that violates these Terms of Service.

ACCOUNT TERMINATION

• Painology reserves the right, in its sole discretion, to refuse or terminate your access to the Website and its Content, in full or in part, at any time and for any reason, with or without notice. This includes, but is not limited to, instances of non-payment, violation of these Terms of Service, or misuse of the Website or Services.

• In the event of cancellation or termination, you are no longer authorised to access the parts of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these Terms and Conditions concerning the Website and its Content will continue to apply now and in the future, even after termination by you or us.

• In the event of non-payment on a due date, Painology will re-attempt to process the payment every three (3) days. If payment remains unsuccessful after multiple attempts, membership access will be suspended. Continued non-payment may result in the termination of the membership and account. Upon termination, access to all paid content and services will be revoked.

REFUND POLICY

• Due to the nature of our digital products, we generally do not offer refunds or exchanges once a product has been downloaded or accessed. This is because digital products cannot be returned in the same way as physical goods. However, we understand that circumstances may arise where a refund is warranted.

• We will consider refund requests on a case-by-case basis, taking into account the specific circumstances of the purchase and any technical issues that may have prevented you from accessing or using the product. If you encounter any problems with your purchase, please contact us immediately using the ‘Contact Us’ page on the website so we can work with you to resolve the issue.

• Please note that our refund policy may vary for certain products or services. Specifically, live coaching sessions and events are non-refundable once the session or event has taken place or the scheduled start time has passed. No refund shall be initiated on any product unless specific refund terms are communicated at the time of purchase.

CONTENT OWNERSHIP

• Painology retains all ownership rights, title, and interest in and to the Website and its Content, including but not limited to text, graphics, images, videos, audio recordings, software, logos, and any other materials available on or through the Website. This Content is protected by copyright, trademark, and other intellectual property laws.

• You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website except as follows:

- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing thosematerials.

- You may store files that are automaticallycached by your Web browser for display enhancement purposes.

- You may print or download one copy of a reasonable number of pages ofthe Websitefor your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• You may not modify copies of any materials from this site.

• You may not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• You may not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

USER-GENERATED CONTENT

• By submitting or posting any content on or through the Painology Website, including comments, posts, photos, images, videos, or other materials ("User Content"), you grant Painology a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. This includes the right to incorporate User Content into Painology's current or future products, services, or marketing materials.

• You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate; that use of the User Content you supply does not violate these Terms or any law or regulation; and that the User Content will not cause injury to any person or entity.

• Painology reserves the right to remove any User Content from the Website at any time and for any reason, without notice.

THIRD-PARTY LINKS AND CONTENT

• The Painology Website may contain links to third-party websites, services, or content that are not owned or controlled by Painology. These links are provided for your convenience and informational purposes only. Painology does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services.

• Your interactions with third-party websites, services, or content, including any purchases or transactions you make, are solely between you and the third party. Painology is not responsible for any damages or losses arising from your use of third-party links or content.

• This includes, but is not limited to, links to:

- Other therapists or health practitioners

- Video-sharing platforms like YouTube

- Payment gateways or processors

- Other websites or online resources

• We encourage you to review the terms of service and privacy policies of any third-party websites or services you visit.

THIRD-PARTY INTEGRATIONS

• The Painology Website integrates with various third-party services to enhance your user experience and provide additional functionality. These integrations may include:

- Social Media Platforms: Instagram, YouTube, Facebook, Telegram, and other social media platforms for sharing content and connecting with the Painology community.

- Payment Gateways: Stripe and other payment processors to facilitate secure online transactions for courses, memberships, and other services.

WARRANTY DISCLAIMER

• While Painology takes reasonable steps to ensure the security and reliability of these third-party integrations, we are not responsible for their content, privacy policies, or practices. Your use of these third-party services is governed by their respective terms of service and privacy policies.

• Painology provides the Website and its Content on an "as-is" and "as-available" basis without any warranties of any kind, either express or implied. Painology expressly disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information.

• The information provided on the Website and through our courses and memberships is intended for educational and informational purposes only. It is not a substitute for professional medical or mental health advice. Painology does not provide medical or mental health diagnoses or treatment. You are solely responsible for your physical, mental, and emotional well-being, including any choices or decisions you make regarding your health.

• Content Sensitivity and Trigger Warning:

While Painology strives to provide supportive and empowering content, some topics or discussions may be emotionally triggering or distressing for individuals with certain experiences or sensitivities. If you find any content on the Website upsetting or triggering, please stop viewing or reading it immediately and seek support from a qualified healthcare professional. Painology's resources are not a substitute for professional mental health care and should not be used as a replacement for therapy or counselling.

• Painology does not offer any financial, legal, or business advice. Any information related to these topics on the Website is for general informational purposes only and should not be relied upon as a substitute for professional advice from a qualified accountant, lawyer, or financial advisor.

• While Painology strives to ensure the accuracy and timeliness of the information presented on the Website, we cannot guarantee that all content is free from errors or omissions. The nature of scientific research and information is constantly evolving, and Painology cannot be held responsible for any inaccuracies or errors in the content.

• You agree that your use of the Website and its Content is at your own risk. Painology will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of the Website or its Content.

FINANCIAL AND LEGAL RESPONSIBILITY

• The information provided on the Painology Website and its Content, including courses, memberships, and other resources, is not intended to be, and should not be taken as, business, financial, legal, or tax advice. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Website or its Content.

• Any reliance you place on such information is strictly at your own risk. You are solely responsible for your financial, legal, and business decisions, and you should consult with a qualified professional for advice tailored to your individual circumstances.

• Painology disclaims any liability for any losses or damages you may incur as a result of your use of or reliance on the information provided on the Website or its Content. This includes, but is not limited to, losses related to income, finances, business ventures, or any other financial or legal matter.

ACCURACY AND COMPLETENESS

• Painology strives to provide accurate, up-to-date information on the Website and in its Content. However, we make no representations or warranties of any kind, express or implied, regarding the accuracy, timeliness, performance, completeness, or suitability of the information provided. The nature of scientific research and information is constantly evolving, and we cannot guarantee that all content is free from errors or omissions.

• You acknowledge that the information on the Website and in its Content may contain inaccuracies or errors, and you agree to use this information at your own risk. Painology will not be held liable for any errors or omissions in the information or for any actions you take based on that information.

• If you believe you have found an error or omission in our content, please notify us so we can correct it as soon as possible.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Painology and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website or Services; (ii) any conduct or content of any third party on the Website or Services; (iii) any content obtained from the Website or Services; or (iv) unauthorised access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Painology has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISPUTE RESOLUTION AND GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

DISPUTE RESOLUTION PROCESS

Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the breach, termination, or validity thereof, shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to adjudicate any such dispute.

PROHIBITED ACTIVITIES

To maintain a safe, supportive, and respectful community on the Painology website, we strictly prohibit the following activities:

1. Illegal Activities: Users must not use the Website to engage in any activities that are illegal under applicable laws,including but not limited to:

- Fraud or misrepresentation

- Identity theft or impersonation

- Harming or exploiting children

- Selling or distributing illegal substances

- Facilitating or promoting any illegal activity

2. Hacking and Security Breaches: Users are strictly prohibited from:

- Attempting to gain unauthorised access to the Website, its servers, user accounts,or any connected systems.

- Testing or scanning the Website for vulnerabilities without explicit permission.

- Introducing viruses,malware,or other malicious code onto the Website.

- Interfering with or disrupting the Website's operations or security measures.

3. Spamming and Unsolicited Communications: Users must not use the Website to:

- Send unsolicited or bulk emails,messages,or other communications to other users or Painology.

- Post repetitive or irrelevant content that disrupts the community experience.

- Create multiple accounts for the purpose of spamming or evading restrictions.

4. Harassment, Abuse, and Discrimination: Users must not engage in any behaviour that:

- Harasses, bullies, threatens, or intimidates other users.

- Uses hate speech,discriminatory language, or derogatory remarks based on race, gender, sexual orientation, religion, or other personal characteristics.

- Posts or shares content that is sexually explicit, obscene, or exploits, abuses, or endangers children.

5. Intellectual Property Infringement: Users are prohibited from:

- Uploading, posting, or sharing content that infringes on the copyrights, trademarks, patents, or other intellectual property rights of others.

- Using the Website to distribute or sell counterfeit goods or engage in any other form of intellectual property theft.

6. Misuse of Personal Information: Users must not:

- Collect, store, or share personal information of other users without their consent.

- Use the Website to stalk,harass,or threaten others.

- Impersonate another person or entity or falsely represent their affiliation with Painology or any other organisation.

- Unauthorised Commercial Use: Users are not permitted to use the Website for commercial purposes without prior written permission from Painology. This includes:

○ Advertising or promoting products or services.

○ Soliciting other users for commercial purposes.

○ Conducting unauthorised contests or promotions.

7. Disruption of Services: Users must not engage in any activity that:

- Overloads, damages, or impairs the Website's infrastructure or functionality.

- Interferes with other users' ability to access or use the Website.

- Attempts to gain unauthorised access to restricted areas of the Website.

8. Violation of Community Guidelines: Users are expected to adhere to Painology's Community Guidelines, which may include additional rules and restrictions on acceptable behaviour and content.

9. Account Sharing: You are prohibited from sharing your account login details with any other individual. Your Painology account is for your personal use only, and access to the Painology Powerhouse Portal and course materials is restricted to the individual who created the account and paid the associated fees. Sharing account information may result in the termination of your account and forfeiture of any paid services.

Painology reserves the right to investigate and take appropriate action against any user who violates these Prohibited Activities, including but not limited to account suspension, termination, or legal action.

CONTENT REMOVAL AND MODERATION POLICY

Painology reserves the right to monitor, review, modify, or remove any User Content posted on the Website that we, in our sole discretion, determine to be in violation of these Terms of Service, our Community Guidelines, or any applicable law. This includes but is not limited to, User Content that:

• Violates Legal Standards: Content that is illegal,promotes illegal activities,or violates any laws or regulations,including those related to intellectual property, privacy, or defamation.

• Harassment and Abuse: Content that harasses, abuses, threatens, bullies, or incites violence or hatred towards others, including hate speech, discriminatory language, and other forms of harmful or unwanted communication.

• Intellectual Property Infringement: Content that infringes upon the intellectual property rights of others,such as copyrighted material used without permission,unauthorised use of trademarks,or plagiarism.

• Spam and Misleading Information: Content that is unsolicited,irrelevant,promotional,or misleading,including false or deceptive information.

• Offensive Material: Content that is obscene, pornographic, sexually explicit, excessively violent,or otherwise offensive or inappropriate for the Painology community.

• Security Risks: Content that contains viruses, malware, or other harmful elements that could compromise the security or integrity of the Website or other users' devices.

• Unauthorised Commercial Activities: Content that promotes or engages in unauthorised commercial activities, such as advertising, selling products or services, or soliciting other users.

PROCEDURES FOR CONTENT REMOVAL AND MODERATION

• Monitoring and Reporting: Painology may proactively monitor User Content or rely on user reports to identify potential violations of these Terms of Service.Users are encouraged to report any content they believe violates these standards.

• Review Process: Upon receiving a report or identifying potentially violating content, Painology will review the content in question to determine whether it breaches our terms or policies.

• Notification (where appropriate): If content is found to violate our policies,we may remove or modify it without prior notice. In some cases,we may attempt to notify the user who posted the content and provide an explanation for the removal or modification.

• Appeal Process: If you believe your content was removed or modified in error,you may contact us to appeal the decision.We will review your appeal and provide a final determination.

• Repeat Violations: Users who repeatedly violate our content policies may face additional consequences, including temporary or permanent suspension of their account.

Painology's decisions regarding content removal and moderation are final and binding. By using the Website, you agree to comply with this Content Removal and Moderation Policy.

REPORTING VIOLATIONS

If you believe that any User Content or activity on the Painology Website violates these Terms of Service or our Community Guidelines, please report it to us immediately. You can do so by using the ‘Contact Us’ page on the website with a detailed description of the violation and any relevant information, such as the username of the person involved and the specific content or activity in question.

Painology takes all reports of violations seriously and will investigate each report promptly. We reserve the right to take appropriate action in response to any reported violation, which may include, but is not limited to:

• Removing or modifying the offending content

• Warning or suspending the user's account

• Reporting the violation to relevant authorities

Painology appreciates your cooperation in helping us maintain a safe and respectful community for all users.

INTELLECTUAL PROPERTY INFRINGEMENT / DMCA COPYRIGHT VIOLATION

Painology respects the intellectual property rights of others and expects its users to do the same. If you believe that any content on the Painology Website infringes upon your copyright, trademark, or other intellectual property rights, please notify us immediately.

To submit a notice of alleged infringement, please provide the following information in writing:

1. Identification of the copyrighted work or other intellectual property that you claim has been infringed.

2. Identification of the materialon the Painology Websitethat you claim is infringing, with enough detail so that we may locate it.

3. Your address, telephone number, and email address.

4. A statementby you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual propertyowner, its agent, or the law.

5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised  to act on the copyright or intellectual property owner's behalf.

6. Your physical or electronic signature.

Please send your notice of alleged infringement to us using the ‘Contact Us’ page on the website.

Upon receipt of a valid notice of alleged infringement, Painology will investigate the claim and take appropriate action, which may include removing or disabling access to the allegedly infringing content.

MODIFICATION AND DISCONTINUATION OF SERVICES

Painology reserves the right to modify, suspend, or discontinue the Painology Powerhouse Portal, course access, or any other paid content, in whole or in part, at any time and for any reason, with or without notice. This includes the right to make changes to the content, features, pricing, or availability of these services.

TERMINATION OF ACCESS

• In addition to the right to modify or discontinue services, Painology reserves the right, in its sole discretion, to refuse or terminate your access to the Website and its Content, in full or in part, at any time and for any reason, with or without notice. This includes the right to terminate your account and access to paid content or services if you violate these Terms of Service, misuse the Website, or fail to make timely payments.

• Upon termination or cancellation of your access, you will no longer be authorised to access the affected parts of the Website or Content. The restrictions imposed on you in these Terms and Conditions, including those related to intellectual property and confidentiality, will continue to apply even after termination.

SERVICE INTERRUPTIONS AND AVAILABILITY

• Painology strives to maintain continuous and uninterrupted access to the Website and its Services. However, we do not guarantee that the Website or Services will always be available or free from errors, interruptions, or delays. Access to the Website and Services may be temporarily unavailable due to maintenance, technical issues, or other factors beyond our control, including but not limited to acts of God, natural disasters, governmental actions, or disruptions in internet service. Painology shall not be liable for any damages or losses arising from such interruptions or unavailability.

If you have any questions or need clarification regarding these Terms and Conditions, please don't hesitate to contact us using the ‘Contact Us’ page on the website. We are here to help and will respond to your inquiry as promptly as possible.

LAST UPDATED ON: June, 25 2024.