Thank you for choosing to be part of our community at otholly.com (Hereafter, “Website”, “Site”, “Company”, “we”, “us,” “our”). Protecting your personal information is of utmost importance to us. If after going through this Privacy Policy agreement you still have questions, comments or concerns, please contact us at support@otholly.com.
When accessing the Website, the Company will learn certain information about you, both automatically and through voluntary actions you may take, during your visit. This policy applies to information we collect on the Website and in email, text, or other electronic messages between you and the Website.
If you disagree with any terms in this privacy policy, please discontinue your use of our Sites and services.
This privacy policy applies to all the information collected through your use of our website and services, and other third-party tools. By using our Website and/or services, or by clicking “Agree” or “Accept” to the Terms of Use when this option is explicitly made available to you, you acknowledge, accept and agree to be bound by the Privacy Policy terms and abide by it.
Outside of the European Union (“EU”)
If you’re outside of EU and enter your information to receive a freebie, make a purchase, respond to survey, register for a free training, participate to a webinar, then we will automatically enroll you to receive our newsletter and updates.
If you don’t wish to receive any communications from us, you can opt out by clicking on the unsubscribe link located on the bottom of the emails.
In the European Union
If you are in the EU and opt to receive a freebie or participate to a free training, register for a webinar, live event, or purchase a product, your email address will not be added to the email list to receive our newsletter and updates unless you affirmatively consent to it.
If you change your mind at any point, and don’t want to receive electronic communication, simply unsubscribe.
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:
You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data.
You have the right to seek restrictions on the processing of your data.
You have the right to object to the processing of your data and the right to the portability of your data.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
If you have trouble unsubscribing by clicking the link on the bottom of the email, email us at support@otholly.com and request to be unsubscribed from future emails.
- INFORMATION WE COLLECT ABOUT YOU
When you access the Website, the Company will learn certain information about you during your visit.
Information You Provide To Us. The Website provides various places for users to provide information. We collect information that users provide by filling out forms on the Website, communicating with us via contact forms, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when ordering a product or service via the Website.
We use information you provide to us to deliver the requested product and/or service, to improve our overall performance, and to provide you with offers, promotions, and information.
Information We Collect Through Automatic Data Collection Technology. As you navigate through our Website, we may use automatic data collection technologies including Google Analytics to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through our website, and any communications between your computer and our Website. Among other things, we will collect data about the type of computer you use, your Internet connection, your IP address, your operating system, and your browser type.
The information we collect automatically is used for statistical data and will not include personal information. We use this data to improve our Website and our service offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.
2. ADDITIONS AND MODIFICATIONS TO THE TERMS
We reserve the right to make changes and additions to these Terms of Use from time to time. Any and all changes are effective immediately as soon as we post them on our website. If you continue using the website after we posted our changes to the Terms of Use, it means that you have read the new Terms of Use, understand, acknowledge and agree to them.
3. INTELLECTUAL PROPERTY RIGHTS
This Website/Company is our proprietary property unless otherwise indicated. We have complete ownership and control of any source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (hereafter “Content”) and the trademarks, service marks, and logos contained therein (hereafter “Marks”). The Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Israel, foreign jurisdictions, and international conventions.
As a visitor and user of this Website, you are given a limited license and are not permitted to break the boundaries of that license.
As a condition of your use of our Website, you agree and acknowledge not to use the Website or any of the resources available for download from the Website for any purpose that is prohibited by these Terms of Use and/or is unlawful. You will not use the Website for any illegal or unauthorized purpose; use the Website to advertise or offer to sell goods and services; engage in unauthorized framing of or linking to the Website; attempt to impersonate another user; interfere with the Website in a way that affects other people’s quality of use of the Website; attempt to bypass or hack any measures of the Website designed to prevent or restrict access to the Site, or any portion of the Site.
The content belonging to the Company or included in the Website is not for resale. In the case you have permission to download something, such a freebie, PDF, ebook, guide, etc., you are not allowed to sell it or transfer it to another person.
You will not delete or alter any content or other proprietary rights or notices. Company and the Website do not grant you any licenses for ownership or proprietary rights.
4. THIRD-PARTY WEBSITES AND CONTENT
Our Website may contain links to other websites as well as articles, blog posts, photographs, quotations, software and information in general.
Such Third-Party Websites are not monitored or controlled by our Website or Company. Therefore, we are not responsible or liable for any content the Third-Party Websites might show, write, use. You’re clicking on Third-Party Website links at your own risk. Moreover, the instant you click on a Third-Party Website link, these Terms of Use no longer govern.
Indemnification
You agree and understand that we do not endorse the products or services offered by the Third-Party Websites. You indemnify us from any harm caused by your purchase, use of such products and services.
If you sustain any harm or losses due to your use or purchase of Third-Party Website products or services, you hold us harmless. We are not responsible for your actions or those of Third-Party Websites.
5. CONTENT FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
Any downloads, articles, and resources provided in the Website and through the Website are solely provided for educational and informational purposes only. Nothing provided in and through the Website should be construed as legal, medical, financial, tax, or any other professional advice. You can find detailed information on this inside the Disclaimer.
6. MODIFICATIONS AND INTERRUPTIONS TO THE SITE
We reserve the right to change, modify, or remove the contents of the Site at any time for any reason at our discretion without needing permission from anyone and without notice. Furthermore, we have no obligation to update any information on our Site.
We will not be liable to Your or any third-party if we decide to modify, change or remove part or all of content from Site, change prices, suspend or discontinue the Site. We cannot guarantee that the Site will be available at all times. We may experience downtime, technical or software difficulties, or simply decide to discontinue for whatever reason.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use our Site.
7. GOVERNING LAW
These Terms of Use and your access and use of our Website are governed by and construed in accordance with the laws of Israel
8. BINDING ARBITRATION
If a dispute arises between You and Our Company and or Website, and if You and Us are unable to resolve the Dispute through informal negotiations, then the Dispute will be finally and exclusively resolved by binding arbitration. Any arbitration will take place in Israel only. You further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
9. INTERNATIONAL USERS
This Website and these Terms of Use are controlled, operated and administered by Our Company and Website located in the Israel . If you access the Website and services from a location outside of Israel, then you are responsible to comply with all the local laws. You acknowledge and agree that you may not access and use this Website and its contents and services in any way, manner or country prohibited by applicable laws and regulations.
10. NO JOINT VENTURE OR PARTNERSHIP
No Joint Venture or Partnership/Agency relationship is created between You and Us by your access and use of the Website, and by these Terms of Use. You further agree that these Terms of Use will not be construed against us simply because we drafted them. You waive any and all defenses you may have based on the electronic form of these Terms of Use and the fact that they are not signed by the parties.
11. ENTIRETY OF THE AGREEMENT
You acknowledge, understand and agree that these Terms of Use, Privacy Policy, and Disclaimer constitute the Entire Agreement between the user and otholly.com
12. CONTACT US
We welcome you to contact us if you have any questions, concerns or comments regarding the terms in this agreement.
support@otholly.com
Membership Terms and Conditions
1- Terms and Conditions
OT Holly (the “Provider”) agrees to provide you with access to Playful Pod (the “Program”) upon the following terms and conditions. By registering for the Program, you (the “Participant” or “You”) agree to be bound by and to abide by the following terms and conditions.
2- Effective Date
This Agreement shall start upon registration by the Participant in the Program and shall be enforceable between the parties starting on that registration date.
3- Program
The Provider agrees to provide access to all of the Program features as described in the specific Program sales page on the Effective Date. These Program features may include lessons, forms, worksheets, checklists, ongoing live training sessions, guides, databases, listings, and private discussion groups. The Provider may also introduce discounts or bonuses to Participants upon the purchase of other products or services.=
4- Limited License
By purchasing the Program, the Participant is granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Program. The Participant is granted the right to download, store and print single copies of items comprising the Program except for all databases and listings. All ownership rights in the intellectual property related to the Program remain with the Provider and the Participant may not use, reproduce or share any (including directory listings) of the content in any manner, without the express written consent of the Provider. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Program without refund.
5- Copyright
The material in the Program is covered by the provisions of the Copyright Act (Israel) and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Program, including modification, transmission, presentation, distribution, republication, or other exploitation of the Program or of its content, whether in whole or in part, is prohibited without the prior written consent of the Provider.
6- Course/Membership Registration
The Participant agrees to provide true, accurate, current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Website, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate Program access without refund. The Provider reserves the right in its sole discretion, to terminate access of the Participant to the Program and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Program or other Program participants, fails to follow the Program guidelines. In the event of a termination of the Program, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
7- Fees
The fees for online courses and any membership programs shall be as set out in the Program website and offers from time to time. Prices may be subject to change within 7 days notice to the Participant. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Provider.
8- Membership Fees and Renewals
If the Participant has subscribed to a membership site or program as a component of the Program, the Participant agrees to the following terms of membership subscription:
Automatic Renewal – Unless cancelled by the Participant in accordance with cancellation policy in Clause 9, all monthly or annual subscription plans of the Program shall automatically renew at the end of each subscription period.
Subscription Pricing – The Provider agrees not to change the monthly or annual subscription fees during the initial subscription period as agreed on the Effective Date. The Provider may change the subscription fees for subsequent renewal periods in accordance with Clause 7.
9- Cancellation Policy
If you would like to cancel your membership, you may do so at any time using the ‘Customer Hub’ page https://otholly.thrivecart.com/updateinfo/when logged into the membership Please note that you must cancel your subscription before it renews for a subsequent billing period in order to avoid being charged for the next billing period’s subscription fee.
Immediately upon cancellation, you will no longer have access to the membership, therefore, if you would like to finish having access for the billing period you are in, please cancel at the end of it but before the next billing date indicated on your last invoice. The Provider does not offer any extensions of membership access after this time has passed.
The Participant shall not be charged by the Provider for any membership fees after the current membership period.
10- Refund Policy
When you join the Play Pod you can cancel your subscription at any time (without refund). Please note that you must cancel your subscription before it renews for a subsequent billing period in order to avoid being charge for the next billing period’s subscription fee. No refunds will be given if you have missed canceling before the next renewal date.
11- Passwords
Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any), and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
12- Credit Card Authorization
By purchasing a Program with a payment plan or recurring membership fees, the Participant hereby authorizes the Provider to charge their credit card or other payment card automatically for any ongoing membership fees or payments owing as determined by the provisions of this Agreement.
13- Privacy
The Provider agrees to protect all personal information collected from the Participant for the purpose of providing the Program in accordance with applicable privacy legislation in israel and if applicable, the jurisdiction of the Participant. The Participant agrees to the collection of use of the personal information in accordance with the Privacy Policy of the Provider for the purpose of delivering and administering the Program. The full privacy policy of the Provider is available on the Privacy Policy page. In addition to receiving applicable Program correspondence via email or other electronic communication, the Participant expressly consents to receive any marketing correspondence from the Provider upon registration in the Program. The Participant may unsubscribe from any such marketing lists without affecting access to the Program.
Further Privacy Policy information is available on the Privacy Policy page.
14- Legal Disclaimer – Not Professional Advice
The Provider provides the information contained in the Program to the Participant for informational and educational purposes only. The information contained in the Program, including any interactions with instructors and other members, and participation in any social media groups or chats, shall not be understood or construed as professional, medical or theraputic advice. The Participant shall be required to use their own judgment in applying the information provided in the Program to their own personal circumstances and may wish to get additional professional advice where appropriate. The Playful Pod is not responsible for any errors or omissions, or for the results obtained from the use of any information on this Program.
15- Legal Disclaimer – Technology
The Provider shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever. The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Program.
16- Limitation Of Liability
Subject to applicable law, in no event shall the Provider and its partners, employees, consultants, agents, volunteers, or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.
17- Disclaimer Of Warranties
The Program is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Program, to the fullest extent permissible under applicable law. While the Provider endeavours to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Program including, without limitation, the Providers provide no representation or warranty that (i) the Program will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Program will be corrected, (iv) that the course/membership hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course/membership hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Program at your own risk and liability.
18- Release And Indemnity
The Participant hereby agrees to release the Provider and their partners, employees, consultants, agents, volunteers and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents, volunteers or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Program (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Program. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents, volunteers or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Program or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Program or its content.
19- Governing Law and Jurisdiction
The Program is operated by the Provider within Israel. By accessing or using the Program, the Participant agrees that all matters relating to your access to, or use of the Program and its content shall be governed by the laws ofIsrael, and the federal laws of Israel applicable therein, without regard to conflict of laws principles. The Participant agrees and hereby submits and attorns to the exclusive jurisdiction of the courts of Israel, with respect to all matters relating to their access to and use of the Program.
20- Customer Service Requests
If you have questions or comments or need to provide notice of any kind to the Provider regarding Programs including cancellations of your Program fees, please email us at support@otholly.com.
23- Entire Agreement
This is the entire agreement between the Participant and the Provider relating to your access and use of the Program and the content therein.
We welcome your questions about the Terms of Use. You can contact us at: Holly Peretz at support@otholly.com
EFFECTIVE AS OF MARCH 2023