Term & Conditions | Partners/Practitioners

1. Introduction

Welcome to Book Holistic (hereinafter referred to as "Platform"). These terms and conditions ("Agreement") govern your participation as a partner/practitioner ("Practitioner") on our Platform. By registering and using our services, you agree to comply with and be bound by the following terms and conditions.

2. Definitions

• Platform: The website and mobile platform operated by Book Holistic. (aka Book Holistic Treatment UG)
• Practitioner: Any individual or entity offering holistic services through the Platform.
• Client: Any individual or entity using the Platform to book services provided by Practitioners. -  Services: Holistic treatments and/or sessions offered by Practitioners, including online, in-person, and at any location.

3. Registration and Use

3.1. Eligibility: Practitioners must be at least 18 years old and legally capable of entering into binding contracts. 3.2. Account Creation: Practitioners must create an account, providing accurate and complete information. Practitioners are responsible for maintaining the confidentiality of their account information. 3.3. Compliance: Practitioners must comply with all applicable laws and regulations in their provision of services, and ensure their account information is up-to-date.

4. Account Creation

4.1. When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. 4.2. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. 4.3. Account Information: You may be asked to supply certain information relevant to Your Account including, without limitation, Your name, Your email, Your phone number, and Your address. 4.4. You may have to provide documents to comply with identity verification. 4.5. Before or during posting Goods, you may be asked to supply, without limitation, Your bank account details, and Your identity documents. 4.6. Before or during placing an Order, you may be asked to supply, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. 4.7. Account Review: Unless part of a feature of the Service, We do not perform background checks or endorse any users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users. 
5. Service Provision

5.1. Service Listing

5.1.1. Accurate Descriptions: Practitioners must provide precise and truthful descriptions of their services. This includes detailing their qualifications, the nature and scope of services offered, pricing, availability, and whether the services are covered by insurance. Practitioners must update service descriptions regularly to reflect any changes. 5.1.2. Compliance with German Law: When describing their services, practitioners must ensure compliance with German laws and regulations, including those related to advertising and professional conduct. Practitioners are prohibited from making misleading claims or promises about the outcomes of their services. Book Holistic is not liable for any legal issues arising from the practitioner's failure to comply with these requirements.

5.2. Quality Assurance

5.2.1. Professional Standards: Practitioners must provide their services with due skill, care, and diligence, adhering to the highest standards of professionalism. This includes staying updated with industry best practices and continuously improving their skills and knowledge. 5.2.2. Client Safety: Ensuring client safety is paramount. Practitioners must implement appropriate measures to create a safe and secure environment for their clients. This includes maintaining cleanliness, using safe and approved products, and following all relevant health and safety guidelines. 5.2.3. Insurance Coverage: Practitioners must maintain adequate liability insurance to cover any potential claims arising from their services. Proof of insurance must be provided to the Platform upon request and updated regularly.

5.3. Client Communication: 5.3.1. Timely Responses: Practitioners must respond to client inquiries and bookings promptly and professionally. Effective communication helps build trust and ensures a smooth booking process. 5.3.2. Professional Conduct: All interactions with clients must be conducted in a respectful and professional manner. Practitioners should be courteous, patient, and attentive to clients' needs and concerns. 5.3.3. Information Sharing: Practitioners must provide clients with all necessary information regarding their services, including any pre-session requirements, potential risks, and post-treatment care instructions. Clear and transparent communication helps clients feel comfortable and informed.

5.4. Compliance with Legal and Ethical Standards: 5.4.1. Adherence to Laws: Practitioners must comply with all applicable local, state, and national laws and regulations, including those related to health, safety, and professional conduct. Practitioners must also adhere to any specific regulations governing the provision of holistic treatments and services in Germany. 5.4.2. Ethical Conduct: Practitioners are expected to conduct themselves ethically at all times. This includes maintaining client confidentiality, obtaining informed consent for treatments, and avoiding any conflicts of interest. 5.4.3. Non-Discrimination: Practitioners must provide their services without discrimination based on race, gender, age, religion, disability, or any other protected characteristic. Inclusivity and respect for all clients are fundamental principles of the Book holistic community.

5.5. Platform Responsibilities: 5.5.1. Monitoring and Enforcement: Book Holistic reserves the right to monitor the quality of services provided by practitioners and enforce compliance with these terms. This includes reviewing service listings, client feedback, and conducting audits as necessary. 5.5.2. Dispute Resolution: In the event of a dispute between a practitioner and a client, Book Holistic will facilitate the resolution process to ensure a fair and equitable outcome. Practitioners are expected to cooperate fully with the Platform during any investigations or dispute resolution proceedings. 5.5.3. Liability Disclaimer: While Book Holistic strives to maintain high standards on the Platform, it is not liable for any issues arising from the practitioner's provision of services, including legal disputes, client dissatisfaction, or any other claims. Practitioners assume full responsibility for their actions and services provided through the Platform
 6. In-home and Client Location Services

6.1. Safety Measures: Practitioners offering in-home treatments or treatments at a client's location must ensure a safe and professional environment. This includes but is not limited to, maintaining a clean and secure space and having appropriate measures in place to prevent and handle any incidents, including assaults. The Platform is not liable for any damages, assaults, or injuries that may occur during these services.

6.2. Legal Insurance: Practitioners must obtain and maintain adequate liability insurance covering services provided at their home, the client's location, or other facilities. Proof of insurance must be provided to the Platform upon request.

6.3. Assault and Safety Protocols: Practitioners are required to implement safety protocols to protect both themselves and their clients during in-home services or services at a client's location. This includes verifying client identities, having emergency contact procedures, and reporting any incidents to the Platform immediately. The Platform is not responsible for any personal safety issues or incidents that arise during the provision of these services.

6.4. Client Location Safety: When providing services at a client's location, practitioners must ensure the environment is safe and conducive to the service. Practitioners have the right to refuse service if they feel unsafe or if the location is unsuitable for the services. Practitioners should have a clear plan for their personal safety, including having an emergency contact aware of their location and schedule. The Platform is not liable for any safety issues that arise from services conducted at client locations.

6.5. Platform Liability Disclaimer: The Platform is not liable for any damages, assaults, or injuries that may occur during in-home treatments or services at a client's location. This includes any injury, assault, or damage made by a client. Practitioners assume full responsibility for their safety and the safety of their clients during these sessions.

7. Online Services

7.1. Confidentiality and Data Protection: Practitioners must ensure that all online sessions are conducted in a manner that maintains the confidentiality and privacy of the client. This includes using secure, encrypted communication platforms and adhering to all applicable data protection laws and regulations. The Platform is not liable for any breaches of confidentiality that occur during online sessions.

7.2. Technical Requirements: Practitioners must ensure they have the necessary technical equipment and a stable internet connection to conduct online sessions effectively. The Platform is not responsible for any technical difficulties or disruptions that may occur during online sessions.

7.3. Professional Conduct: Practitioners are required to maintain the same level of professionalism during online sessions as they would during in-person sessions. This includes being punctual, dressed appropriately, and conducting sessions in a quiet, private environment.

7.4. Client Verification: Practitioners must verify the identity of the client at the beginning of each online session to ensure they are providing services to the correct individual. This is crucial for maintaining the security and integrity of the session.

7.5. Liability Insurance: Practitioners must obtain and maintain adequate liability insurance that covers online treatments. Proof of insurance must be provided to the Platform upon request. The Platform is not liable for any claims arising from the practitioner's provision of online services.

7.6. Session Recording: Practitioners are prohibited from recording online sessions without the explicit consent of the client. If a session is to be recorded, both the practitioner and client must agree in writing, and the recording must be stored securely and used only for the agreed-upon purpose. The Platform is not responsible for any unauthorized recordings.

7.7. Emergency Protocols: Practitioners must establish and communicate clear emergency protocols to clients, including contact information for local emergency services and steps to take in the event of a crisis during an online session. The Platform is not liable for any incidents or emergencies that occur during or as a result of online sessions.

7.8. Compliance with Laws and Regulations: Practitioners must comply with all relevant laws, regulations, and professional guidelines pertaining to the provision of online treatment services. The Platform is not responsible for ensuring practitioners' compliance with these requirements. 
8. Compliance with German Law and Liability

8.1. Prohibition of Result Guarantees: In accordance with German law, practitioners are prohibited from promising specific results from their services. Practitioners may offer support and outline potential benefits, but they must not guarantee outcomes.

8.2. Responsibility of Communication:  It is the practitioner's responsibility to communicate effectively and in compliance with legal requirements. Practitioners must ensure they do not make any claims that could be construed as guaranteeing specific results.

8.3. Legal Advice and Education: The Platform provides general legal advice and guidelines to help practitioners understand and comply with these regulations. However, it is ultimately the practitioner's responsibility to educate themselves and adhere to these legal requirements.

8.4. Liability: Any legal actions or claims arising from a practitioner's failure to comply with these regulations, including any miscommunication of treatment outcomes, will be directed solely at the practitioner. The Platform is not liable for any legal issues or claims related to the practitioner's communication with clients.

8.5. Indemnification: Practitioners agree to indemnify and hold harmless the Platform from any and all claims, damages, losses, and expenses arising from their non-compliance with German law and any misrepresentation of their services. 
 9. Session Cancellations and no-shows policies

9.1 Practitioner Cancellations

9.1.1. Commitment to Scheduled Sessions:    Practitioners are expected to honor all scheduled sessions with clients to maintain trust and reliability on the platform. 9.1.2. Permitted Cancellations:  Cancellations are only allowed under urgent and emergency circumstances. Practitioners must notify both the client and the platform as soon as possible. Practitioners may be required to provide proof of the emergency situation to Book Holistic to justify the cancellation. If a practitioner fails to inform the client about the cancellation and it is not proven that there was a real emergency preventing them from reaching the internet, a fine may be imposed. The fine can reach up to 50% of the price of the session. This fine is intended to discourage last-minute cancellations without proper communication and ensure practitioners take their commitments seriously. 9.1.3. Consequences of Frequent Cancellations: Frequent cancellations or cancellations without valid reasons may result in penalties, including the potential termination of the practitioner's agreement and removal from the platform. The platform takes cancellations seriously as they impact client trust and satisfaction, and practitioners are encouraged to avoid cancellations whenever possible.

9.2. Client Cancellations

9.2.1. Cancellation Notice Period: Clients must provide a minimum notice period of 24 hours to cancel or reschedule a session without incurring a penalty. 9.2.2. Late Cancellations: If a client cancels within the notice period, they may be charged a cancellation fee. The cancellation fee will be 50% of the session cost, as outlined in the service terms. The platform may provide flexibility in waiving the cancellation fee in certain extenuating circumstances. In such cases, the practitioner will receive only the amount paid by the client, with no additional compensation, and will comply with the decision made by the platform. The platform can collect up to €5 handling fee for a late cancellation, which will be taken from the client fee.

9.2.3. No-Show Policy:    If a client fails to show up for a scheduled session without providing notice, they may be charged the full cost of the session. Practitioners should report no-shows to the platform promptly to ensure appropriate action is taken and the client's account is updated. 
9.3 Platform's Role

9.3.1. Dispute Resolution: Any disputes regarding cancellations or no-shows will be handled through the platform's dispute resolution process. Practitioners and clients are encouraged to communicate openly to resolve any issues amicably. Book Holistic will mediate disputes to ensure fair outcomes for both parties. 9.3.2. Policy Communication: Clear communication of cancellation and no-show policies is essential. These policies will be prominently displayed on the platform and included in booking confirmations to ensure that clients and practitioners are fully aware of their responsibilities and the potential consequences of cancellations or no-shows. 9.3.3. Consistency and Fairness: The platform is committed to enforcing cancellation and no-show policies consistently and fairly to maintain a trustworthy and professional environment for both practitioners and clients.

9.4 Rescheduling 9.4.1 Clients are allowed to reschedule their sessions up to 24 hours before the scheduled time. If the request to reschedule is made less than 24 hours prior to the session, only cancellation is possible. 9.4.2 Partners can reschedule or cancel only in case of emergency.

10. Payments and Fees

10.1. Commission: The Platform may charge a commission on bookings made through the Platform. The commission rate will be communicated to Practitioners in advance.

10.2. Payment Processing: All payments from clients will be processed through the Platform. Practitioners will receive payments for completed services, minus the Platform's commission, within a specified timeframe.

10.3. Refunds and Cancellations: Practitioners must comply with the Platform's refund and cancellation policies. Any disputes regarding payments must be resolved through the Platform's dispute resolution process.

10.4. Payment Methods and Authorization: Payments for services on the platform can be made through various available payment methods. We utilize third-party payment gateways, each with its own terms of service and limitations.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your booking.

11. Exclusivity and Platform Usage

11.1. Platform Exclusivity: Practitioners agree to use the Platform exclusively for client bookings and interactions. Practitioners are prohibited from directing clients to book services outside of the Platform.

11.2. Client Retention: Any attempts to retain clients off-platform will be considered a breach of this Agreement and may result in termination of the Practitioner's account. 
12. Marketing and Promotions

12.1. Use of Book Holistic's Branding

12.1.1 Branding Guidelines: Practitioners are encouraged to use Book Holistic's branding and advertising tools to promote their services. However, the use of Book Holistic's brand, logo, and related materials must adhere to the branding guidelines provided by Book Holistic. These guidelines ensure consistency and integrity in the representation of the Book Holistic brand. 12.1.2. Co-Branded Marketing Initiatives: Book Holistic may organize co-branded marketing campaigns to enhance the visibility of practitioners' services. Practitioners are encouraged to participate in these initiatives to leverage the broader marketing reach of Book Holistic. Participation in such campaigns may involve sharing promotional materials, participating in special offers, and adhering to specific promotional strategies outlined by Book Holistic. 12.1.3. Approval for Marketing Materials: Any marketing materials or advertisements created by practitioners that include Book Holistic's branding must be approved by Book Holistic prior to publication. This ensures that all promotional content is consistent with Book Holistic's brand image and messaging. 12.1.4. Digital Advertising Tool: Practitioners may have access to Book Holistic's digital advertising tools, including online banners, email templates, and social media assets. These tools are designed to help practitioners effectively promote their services through Book Holistic's platform and digital channels. 12.1.5. Promotion of Services: Practitioners are encouraged to actively promote their services using Book Holistic's platform. This includes updating service listings, offering special deals, and engaging with clients through Book Holistic's communication tools. Practitioners should ensure that all promotional activities align with Book Holistic's policies and standards. 12.1.6. Compliance with Advertising Laws: Practitioners must ensure that all advertising and promotional activities comply with applicable laws and regulations. This includes accurate representation of services, transparent pricing, and adherence to consumer protection laws. Book Holistic reserves the right to remove or modify any advertising content that does not comply with these requirements. 12.1.7. Termination of Advertising Rights: Book Holistic reserves the right to terminate or restrict a practitioner's use of its branding and advertising tools if the practitioner fails to comply with the branding guidelines or engages in activities that may harm Book Holistic's reputation. Practitioners will be notified of any such actions and given an opportunity to correct the issue. 
12.2. The use of practitioner’s content and intellectual property

By using the Book Holistic platform, you grant Book Holistic the right to use any content you upload or create on our platform for marketing and promotional purposes. This includes, but is not limited to, service descriptions, images, videos, reviews, and practitioner profiles.

12.2.1. Promotional Material: By using the Book Holistic platform, practitioners grant Book Holistic the right to use any content they upload or create on the platform for marketing and promotional purposes. This includes, but is not limited to, service descriptions, images, videos, reviews, and practitioner profiles. 12.2.2. Brand Representation: Your content may be featured in co-branded marketing initiatives, highlighting the unique offerings of our practitioners and demonstrating the diverse range of services available through Book Holistic. 12.2.3. Content Modification: To ensure the highest quality and consistency, we reserve the right to modify or adapt your content as necessary for different marketing formats. This includes resizing images, editing text for clarity, and creating derivative works based on your original content. 12.2.4. Acknowledgment of Practitioners: Whenever possible, we will strive to credit the original creator of the content, acknowledging the contribution of our practitioners in our promotional activities. 
13. Tracking Technologies and Cookies

We use cookies and similar tracking technologies to monitor activity on our Platform and store certain information. These technologies include beacons, tags, and scripts to collect and track information, helping us to improve and analyze our services. The tracking technologies we use may include:

13.1. Cookies or Browser Cookies: A cookie is a small file placed on your device. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our Platform. Unless you have adjusted your browser settings to refuse cookies, our Platform may use cookies.

13.2. Web Beacons:  Certain sections of our Platform and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs). These allow us, for example, to count users who have visited those pages or opened an email and for other related application or website statistics (such as recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.

13.4. Use of Cookies We use both session and persistent cookies for the purposes set out below:

Necessary / Essential Cookies    Type: Session Cookies    Administered by: Book Holistic    Purpose: These cookies are essential to provide you with services available through the Platform and to enable you to use some of its features. They help authenticate users and prevent fraudulent use of user accounts. Without these cookies, the services you have requested cannot be provided, and we only use these cookies to provide you with those services.

13.5. Cookies Policy / Notice Acceptance Cookies   Type: Persistent Cookies    Administered by: Book Holistic    Purpose: These cookies identify if users have accepted the use of cookies on the Platform.

13.6. Functionality Cookies   Type: Persistent Cookies    Administered by: Book Holistic 

  Purpose: These cookies allow us to remember choices you make when you use the Platform, such as remembering your login details or language preference. The purpose of these cookies is to provide you with a more personalized experience and to avoid you having to re-enter your preferences every time you use the Platform.

13.8. Tracking and Performance Cookies   Type: Persistent Cookies    Administered by: Third Parties 

Purpose: These cookies are used to track information about traffic to the Platform and how users interact with it. The information gathered via these cookies may directly or indirectly identify you as an individual visitor, as it is typically linked to a pseudonymous identifier associated with the device you use to access the Platform. We may also use these cookies to test new pages, features, or functionalities of the Platform to see how our users react to them.

14. Data Protection

Book Holistic places a strong emphasis on ensuring the privacy and security of user data. Our data protection practices are designed to comply with the highest standards and relevant regulations, including the General Data Protection Regulation (GDPR).

14.1. GDPR Compliance: All data handling practices on our platform strictly adhere to the General Data Protection Regulation (GDPR). This includes protocols for the collection, storage, processing, and sharing of client data. We ensure that all personal data is handled responsibly and securely.

14.2. Privacy Policies: Our detailed privacy policies outline how user data is protected, what types of data are collected, and how this data is utilized. Practitioners are required to adhere to these privacy policies, ensuring that client information remains confidential and secure at all times.

14.3. User Rights: We are committed to upholding the rights of our users regarding their personal data. Users have the right to access, correct, or delete their information at any time. Book Holistic provides clear and accessible mechanisms for users to exercise these rights, ensuring transparency and user control over personal data.

14.4. Data Security: We employ robust security measures to protect user data from unauthorized access, disclosure, alteration, or destruction. This includes the use of encryption, secure servers, and regular security audits to maintain the integrity and confidentiality of user information.

14.5. Data Processing Agreement: By using our platform, practitioners agree to comply with our data processing agreement, which outlines the responsibilities and obligations related to the handling of personal data. This agreement ensures that all data processing activities are conducted in a lawful and transparent manner. 
 15. Third-Party Service Providers

We may use third-party service providers to monitor and analyze the use of our Platform. These providers help us understand how users interact with our services, allowing us to improve and optimize the user experience. They may include, but are not limited to:

15.1. Google Analytics: A web analytics service provided by Google that tracks and reports website traffic. Google Analytics collects data such as how often users visit the Platform, what pages they visit, and what other sites they used prior to coming to the Platform. This information helps us analyze user behavior and improve our services. 15.2. Mixpanel: An analytics service that helps us track user interactions with our Platform. Mixpanel collects data on user actions, enabling us to understand user engagement and improve our features and functionalities. 
 16. Software and Intellectual Property

16.1. Platform Software Use:

16.1.1. License to Use: Practitioners are granted a limited, non-exclusive, non-transferable license to access and use the Platform's software solely for the purpose of providing their services and managing their bookings. 16.1.2. Restrictions: Practitioners shall not modify, reverse engineer, decompile, disassemble, or create derivative works based on the Platform's software. Unauthorized use of the software is strictly prohibited and may result in the termination of the practitioner's account.

16.2. Intellectual Property Rights

16.2.1. Ownership: All intellectual property rights in the Platform, including but not limited to software, trademarks, logos, and content, are owned by Book Holistic or its licensors. Practitioners acknowledge that they do not acquire any ownership rights by using the Platform. 16.2.2. Content License: By uploading or creating content on the Platform, practitioners grant Book Holistic a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, distribute, and display such content for the purposes of operating, promoting, and improving the Platform. This includes the use of service descriptions, images, videos, and reviews. 16.2.3. Branding and Marketing: Practitioners are encouraged to use Book Holistic's branding and marketing tools in accordance with the Platform's guidelines. However, any use of Book Holistic's trademarks and logos must be pre-approved by the Platform and adhere to the provided branding guidelines.

16.3. User-Generated Content

16.3.1. Responsibility for Content: Practitioners are responsible for ensuring that the content they upload to the Platform does not infringe on any intellectual property rights of third parties. Practitioners must ensure that they have the necessary rights and permissions to use any content they upload. 16.3.2. Removal of Content: Book Holistic reserves the right to remove any content that violates intellectual property rights, is deemed inappropriate, or does not comply with the Platform's guidelines. Practitioners will be notified of any content removal and the reasons for such action. 
16.4. Data Security and Privacy

16.4.1 Protection of Client Data: Practitioners must ensure that any client data accessed through the Platform is used solely for the purpose of providing services and must comply with all applicable data protection laws. Unauthorized use or disclosure of client data is prohibited.

16.5. Termination of License 

16.5.1. Grounds for Termination: Book Holistic reserves the right to terminate the practitioner's license to use the Platform's software in the event of a breach of these terms. This includes unauthorized use of the software, infringement of intellectual property rights, or violation of data protection regulations. 16.5.2. Effect of Termination: Upon termination of the license, practitioners must immediately cease all use of the Platform's software and intellectual property. Any content uploaded by the practitioner may be retained by Book Holistic for record-keeping and compliance purposes.

17. Email Marketing

We may use your personal data to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us directly.

We may use email marketing service providers to manage and send emails to you. These providers may include, but are not limited to:

17.1. Mailchimp: Mailchimp is an email marketing service provided by The Rocket Science Group LLC. For more information on the privacy practices of Mailchimp, please visit their Privacy Policy.

By using our platform, you agree to allow us to use these email marketing services to communicate with you as described. 
18. Insurance

Practitioners are responsible for obtaining and maintaining appropriate insurance coverage for the services they provide. It is essential to ensure that both the practitioner and the client are protected in the event of any unforeseen circumstances or incidents.

18.1. Insurance Requirements

18.1.1. Liability Insurance: Practitioners must obtain and maintain adequate liability insurance that covers all services provided through the Book Holistic platform. This includes professional indemnity insurance, which protects against claims of malpractice, negligence, or professional misconduct. 18.1.2. Proof of Insurance: Practitioners are required to provide proof of their insurance coverage to Book Holistic upon request. This ensures that all practitioners operating on the platform meet the necessary insurance standards.

18.2. Client Information

18.2.1. Coverage Disclosure: Practitioners must inform clients about the insurance coverage status of their services. This includes specifying whether the services are fully covered, partly covered, or not covered by their insurance. Clear communication about insurance coverage helps clients make informed decisions and understand the level of protection they have. 18.2.2. Insurance Details in Listings: Practitioners should include insurance coverage details in their service listings. This transparency builds trust with clients and demonstrates the practitioner's commitment to professionalism and safety. 18.3. Compliance with Legal Requirements 18.3.1. Regulatory Compliance: Practitioners must ensure that their insurance coverage complies with all relevant legal and regulatory requirements. This includes adhering to national and local regulations governing insurance for holistic health services. 18.3.2. Updating Coverage: Practitioners must regularly review and update their insurance coverage to ensure it remains adequate and compliant with any changes in laws or regulations. Any changes in coverage status must be promptly communicated to Book Holistic and reflected in the practitioner's service listings.

18.4. Risk Management

18.4.1. Safety Protocols: In addition to maintaining insurance coverage, practitioners are encouraged to implement safety protocols to minimize risks during service provision. This includes maintaining a clean and safe environment, using appropriate equipment, and following best practices for client care. 18.4.2. Incident Reporting: Practitioners must promptly report any incidents or accidents that occur during the provision of services to Book Holistic. This allows for timely assistance and proper handling of any potential claims or issues.

18.5. Platform's Liability

18.5.1. Limitation of Liability: Book Holistic is not liable for any claims, damages, or losses arising from the practitioner's provision of services. Practitioners agree to indemnify and hold Book Holistic harmless from any legal actions related to their services. This ensures that the responsibility for maintaining adequate insurance and managing risks lies with the practitioner.

19. Liability

Practitioners using the Book Holistic platform agree to take full responsibility for their actions and services provided. To ensure clarity and protection for both parties, the following liability terms are established:

19.1. Indemnification: 19.1.1. Practitioner Responsibility: Practitioners agree to indemnify and hold Book Holistic, its affiliates, and their respective officers, directors, agents, and employees harmless from any claims, damages, liabilities, losses, and expenses (including legal fees) arising directly or indirectly from:      - Their provision of services.      - Any breach of the terms and conditions by the practitioner.      - Any violation of law or the rights of a third party.      - Any claims made by clients or third parties related to the practitioner's services. 19.1.2. Scope of Indemnification: This indemnification covers all potential claims, whether arising from negligence, malpractice, misconduct, or any other cause attributable to the practitioner's actions or omissions.

19.2. Limitation of Liability

19.2.1. Platform's Limited Liability: Book Holistic, its affiliates, and their respective officers, directors, agents, and employees are not liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses resulting from:      - The use or inability to use the platform.      - Any conduct or content of any third party on the platform.      - Any content obtained from the platform.      - Unauthorized access, use, or alteration of practitioner or client transmissions or content. 19.2.2. Direct Damages: In jurisdictions that do not allow the exclusion or limitation of liability for incidental or consequential damages, Book Holistic's liability shall be limited to the maximum extent permitted by law. The platform's total liability for any claim arising out of or relating to these terms or the use of the platform shall not exceed the amount paid by the practitioner to Book Holistic in the 12 months preceding the event giving rise to the liability.

19.3. Platform's Role and Liability

Our role is to facilitate the connection between you ("Client") and the practitioners ("Practitioners") using the Book Holistic platform ("Platform"). As such, we act as a third party in any bookings or agreements between you and the Practitioners, which limits our liability in any disputes that may arise between you and the Practitioners.

We are not a party to any agreement you enter into with the Practitioners. Any agreement you make with the Practitioners does not form a part of any agreement you have with us. 
19.4. Disclaimer of Warranties

19.4.1. No Warranty: Book Holistic provides the platform on an "as is" and "as available" basis. Book Holistic makes no warranties, either express or implied, regarding the platform's operation or the information, content, or materials included on the platform. 19.4.2. Service Reliability: While Book Holistic aims to provide reliable services, it does not warrant that the platform will be uninterrupted, timely, secure, or error-free. The platform does not warrant the accuracy or reliability of any information obtained through the platform.

19.5. Risk Acknowledgment

19.5.1. Assumption of Risk: By using the Book Holistic platform, practitioners acknowledge and agree that they assume all risks associated with their services. This includes the risks of professional malpractice claims, client dissatisfaction, and any adverse outcomes resulting from their services. 19.5.2. Client Interactions: Practitioners are solely responsible for their interactions with clients and any disputes that may arise from such interactions. Book Holistic is not responsible for mediating or resolving disputes between practitioners and clients.

19.6. Notification and Cooperation

19.6.1. Incident Reporting: Practitioners must promptly notify Book Holistic of any incidents, claims, or legal actions that arise in connection with their services. This notification allows Book Holistic to take appropriate steps to address and mitigate any potential issues.

19.6.2. Cooperation with Investigations: Practitioners agree to cooperate fully with any investigations conducted by Book Holistic or its representatives regarding claims or incidents related to their services. This cooperation may include providing requested information, attending meetings, and assisting with the resolution of disputes.

20. Termination 20.1.. By the Platform: The Platform reserves the right to terminate a Practitioner's account for violations of this Agreement or any other policies. 20.2. By the Practitioner: Practitioners may terminate their account at any time, subject to any outstanding obligations under this Agreement.

21. Dispute Resolution

21.1. Dispute Resolution Process: Any disputes arising from this Agreement shall be addressed through the Platform's dispute resolution process. Practitioners and clients are encouraged to engage in open and honest communication to resolve any issues amicably before escalating to formal dispute resolution.

21.2. Cooperation Requirement: Practitioners must fully cooperate with the Platform in the event of a dispute. This includes providing necessary information, responding to inquiries in a timely manner, and working collaboratively to reach a fair and equitable resolution.

21.3. Mediation and Negotiation: The Platform may initiate mediation or negotiation to facilitate the resolution of disputes. Both parties are expected to participate in good faith and strive to resolve the issue through mutual agreement.

21.4. Binding Arbitration: If a dispute cannot be resolved through mediation or negotiation, the Platform may refer the matter to binding arbitration. The arbitration process will be conducted in accordance with the rules and procedures established by the Platform, and the decision of the arbitrator will be final and binding on all parties.

21.5. Legal Recourse: Practitioners acknowledge that the dispute resolution process outlined in this Agreement is the primary method for resolving conflicts. However, if a satisfactory resolution cannot be achieved through the Platform's process, practitioners retain the right to seek legal recourse as permitted by applicable law.

21.6. Costs and Fees: Each party shall bear its own costs and fees related to the dispute resolution process. However, the arbitrator may allocate the costs of arbitration, including the arbitrator's fees, to one or both parties as part of the final decision.

22. Amendments

The Platform reserves the right to amend this Agreement at any time. Practitioners will be notified of any changes, and continued use of the Platform constitutes acceptance of the amended terms.

23. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Germany

24. Contact Information

For any questions or concerns regarding this Agreement, please contact us at support@book-holistic.com

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By registering as a Practitioner on Book Holistic, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.