Terms and Conditions of Use

Disclaimer

​Any health-related information given by (or created by) the Berkeley Well-Being Institute or Tchiki Davis (henceforth referred to as THIS WEBSITE) is not meant to replace the advice of your doctor. The information is intended for general use, and not intended to diagnose, treat or prevent any disease/condition.  Please discuss any health problem or concern you may have with your doctor and call 9-1-1 or proceed to the nearest emergency department if you believe you may be experiencing a medical or mental health emergency.

 

This website expressly disclaims responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site. We do not endorse specifically any test, treatment or procedure mentioned on the site.

By visiting this site you agree to the foregoing terms and conditions, which may from time to time be changed or supplemented. If you do not agree to the foregoing terms and conditions, you should not enter this site.

 

YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN SOLE RISK AND THAT THIS WEBSITE IS PROVIDED ON AN “AS IS'', “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.

THIS WEBSITE STRIVES TO MAINTAIN THIS WEBSITE ON A COMMERCIALLY REASONABLE BASIS AND CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO THIS WEBSITE AT ALL TIMES.

 

THIS WEBSITE IS NOT A MEDICAL SERVICE AND IS NOT TO BE USED FOR THE PURPOSE OF SEEKING, AND THIS WEBSITE IS NOT PROVIDING, MEDICAL TREATMENT OR ADVICE.

 

Your Account Information and Email

THIS WEBSITE features either now or in the future may allow you to post or submit content and materials for publication on THIS WEBSITE (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer THIS WEBSITE or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters (read more about these conditions below in "Privacy").

 

Intellectual Property

THIS WEBSITE is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store THIS WEBSITE content in any form outside of THIS WEBSITE and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any THIS WEBSITE content. You agree that all data and algorithms and associated servers are “trade secrets” as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in THIS WEBSITE. All intellectual property rights in THIS WEBSITE are, as between you and THIS WEBSITE, the sole and exclusive property of THIS WEBSITE.

We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.

 

Your License to Use THIS WEBSITE

We are providing you with access to THIS WEBSITE pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. You can use THIS WEBSITE for personal, non-commercial use only. This license is available to you as long as you are not barred from THIS WEBSITE by applicable law and your account is not terminated by us or by you.

 

Limitation of Liability

IN NO EVENT SHALL THIS WEBSITE, TCHIKI DAVIS, OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO THIS WEBSITE FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO THIS WEBSITE; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF THIS WEBSITE; (III) ANY OF THE ADVICE, COACHING, OR CONSULTING THAT IS PROVIDED AS A PART OF ANY PROGRAM; OR (IV) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THIS WEBSITE AND YOU. YOU UNDERSTAND THAT THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.

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Indemnity

You will indemnify and hold harmless THIS WEBSITE, its affiliates, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to THIS WEBSITE, or Your Content.

 

Privacy

This website collects personally identifying information, only as needed to provide the best information, products, and services possible. 

 

Website activities: Data is collected when you click "submit" on our website activities. You may opt not to click "submit" on any activity and just use the activity on the website. If you choose to "submit", for privacy and security reasons, no identifying information is collected and none of this data is linked to individuals/you by name or email. This data is collected and stored using Weebly Forms (and their associated privacy and security protocols). This data is collected to provide better services to all of our users, namely to increase scientific understanding of what leads to happiness by giving people the option to do the activities instead of just read about them. Data may occasionally be downloaded for us to conduct de-identified, aggregate analyses to gain this insight on the activities and which ones are most helpful to you. None of this data is used for marketing or communication.

 

Popups: Data is collected in popups to provide well-being-relevant communications, emails, tips, tricks, tools, product information, and marketing to individuals opt-in to receive this information. This data is stored in HelloBar's servers and then is directed to Mailchimp's servers.

 

Purchases: Personally identifying information is collected from our users during online purchasing to get them their purchases. This information includes name, email, address, and credit card information and is stored using Weebly (Weebly servers). Email information is used to send users digital products. Users are also invited to provide a review of the product via email.

  • Abandoned Cart: An email is sent if a customer creates a cart, enters an email in the checkout flow, but then doesn't complete the order after a predetermined time period. That email includes a link back to the cart where they can complete the order. The abandoned cart email is sent when: 1.) The customer has made it to the checkout flow and entered an email; and 2.) The configured amount of time has passed after the cart was last updated by the customer. If the customer returns to the cart and purchases items before the configured time, then the email isn't sent.

  • Product Reviews: An email is sent if a customer purchases a product. The email includes a link to write a review of the product.

 

Quizzes: Data is collected in our quizzes to provide users requested reports to aid their own self-reflection, learning, and growth. This data is collected and automatically stored using Google Sheets (and their associated privacy and security protocols). This data is collected to provide better services to all of our users and to help us increase scientific understanding of what leads to happiness. Data may occasionally be downloaded for us to conduct de-identified, aggregate analyses to gain this insight on what leads to happiness (this means names and emails are deleted and no individual can be identified from these types of analyses). Emails collected in quizzes will also be used to provide well-being-relevant communications, emails, tips, tricks, tools, product information, and marketing to individuals who opt-in to receive this information. These emails will be distributed using Mailchimp. 

 

Specifics for GDPR Art. 13​

1. a. Contact details: contact (at) shantiholisticwellness.com

b. n/a

c. This data is collected to help users better understand their well-being, help us understand what better leads to well-being, and help us continue to provide well-being-relevant communications, emails, tips, tricks, tools, product information, and marketing to individuals opt-in to receive this information.

d. Quiz data is collected and automatically stored using Google Sheets (Google servers) for the purpose of giving the user their results, which they have requested. Name and email data may then also be stored in Mailchimp for the purposes of email communications, also in the USA.

e. Personal data will never be shared with anyone outside The Berkeley Well-Being Institute. Data may occasionally be downloaded for us to conduct de-identified, aggregate analyses to gain this insight on what leads to happiness. No individuals can be identified from these analyses.

f. n/a 

2. a. Data will be stored indefinitely unless requested to be deleted. However, data will be cleaned and deleted periodically to be in accordance with any new regulations.

b. Users may request data deletion/editing at any time.

c. Users may withdraw consent at any time.

d. Users have the right to lodge a complaint with a supervisory authority.

e. Because individuals' quiz results are automatically collected, processed, and emailed to users, users must agree to these terms, privacy, and data collection procedures to participate (and receive their quiz results). If the data is not provided, quiz results will not be processed and emailed to the individuals requesting them.

f. To improve our email communications, we may decide to use automated decision making (e.g., only sending information to individuals who are actively engaged in our email messages or interested in a particular topic.)

 

3. Should we intend to further process the personal data for a purpose other than that for which the personal data were collected, the controller shall provide the data subject prior to that further processing with information on that other purpose.

 

Cookies

We collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the Site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. 

This site (hosted by Weebly) provides a cookie notification banner with a consent button for each website. This banner will appear at the bottom of the first page a visitor views. Cookies will only be set for visitors who click the "I accept" button. If a visitor clicks "Remind me later" or navigates to another page without clicking the accept button, no cookies will be set.

 

Note.

Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.

 

Google Analytics Privacy

  • Google Analytics Remarketing and Advertising Features are enabled on this website.

  • This data will never be shared and is used to determine who is most interested in this website's content. 

  • To opt-out, please go to Google Analytics' currently available opt-outs for the web.

 

Affiliate Disclosure

​What is an Affiliate Link? Similar to a traditional web link, an affiliate link directs a user to an external website. The difference is that an affiliate link tracks sales generated from this link, and the retailer then pays the advertiser a small commission for each sale generated from their link. Please note that the price of the item is the same for you whether it is an affiliate link or not, and using affiliate links helps our team maintain berkeleywellbeing.com and continue producing content for our readers.

 

When Do We Use Affiliate Links? Our Affiliate links can be found in articles, webpages, and email messages where appropriate. If we post an affiliate link to a product, it is because we personally use and support that product, it is one of our products sold on Amazon, or we would recommend it regardless of earning any commission. If we did not genuinely believe in the value and quality of the product, we would never promote it on our website.

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Why Do We Use Affiliate Links? In compliance with the FTC guidelines, please assume that all links on this website are affiliate links, and berkeleywellbeing.com will receive a small commission if you make a purchase from any of the websites you are direct to. Please note that clicking one of these affiliate links will not result in you paying higher prices for products. 

 

Regarding Amazon Affiliate Links:

As an Amazon Associate I earn from qualifying purchases.