Terms & Conditions

Last Revised: June 28, 2020

Welcome to Transform8now.com We are excited to be able to share our mission with you, and for you to start taking steps in the direction to improve your well-being and performance. We at Transform8now hope to be a part of your journey to deep and long-term Transformations!

Please read these Terms of Service (this “Agreement”) carefully. This Agreement is a legal contract between you (“User”, “you” or “your”) and Little Miss Wellness LLC (“Little Miss Wellness”, “we”, “our” or “us”) the owner of Transform8now.com and Transform8, which sets out the terms and conditions that govern your use of our website Transform8now.com, and any related content, information, services, technology features or resources. By accessing or using the Services or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.

PLEASE NOTE THAT SECTION 11 OF PART I OF THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THIS AGREEMENT ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IF THERE IS A DISPUTE, SO PLEASE READ IT CAREFULLY.

Part I of this Agreement is for all Users of the Services (including, without limitation, content providers and purchasers of goods or services from Transform8now. Part II of this Agreement sets forth additional terms between you and Transform8now that apply to you if you upload, post, e-mail, transmit, or otherwise make Content available through the Services. Part III of this Agreement sets forth additional terms between you and Transform8now that apply to you if you are a purchaser of goods or services through the Services.

Please note that this Agreement is subject to change by Transform8now in its sole discretion at any time. When changes are made, we will make a new copy of this Agreement available on the Site. We will also update the “Last Revised” date at the top of this Agreement. If we make any material changes, and you have registered with us to create an Account, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement or notify you through other reasonable means. Any changes to this Agreement will be effective immediately for new Users and will be effective thirty (30) days after posting notice of such changes on the Site for existing Users. Your continued use of the Services constitutes your acceptance of such changes. IF YOU DO NOT AGREE TO COMPLY WITH THESE OR ANY FUTURE TERMS OF SERVICE, DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICES. Please regularly check the Sites to view the then-current Terms of Service.

In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Services or otherwise made available to you from time to time, including, without limitation, our Privacy Policy located at Transform8now now.com/privacy (the “Privacy Policy”). All such terms are hereby incorporated by reference into this Agreement.

Part I

Registration

  1. Registering Your Account

    To access certain features of the Services, you may be required to become a Registered User. For purposes of this Agreement, a “Registered User” is a User who has registered an account (“Account”) through the website.

  2. Registration Data

    In registering an Account on Transform8now, please provide true, accurate, current, and complete information about yourself as prompted by the registration form (“Registration Data”) and maintain and promptly update the Registration Data accordingly. You represent that you are at least 18 years old (or the age of majority in your place of residence) and not a person barred from using the Services under the laws of the United Arab Emirates, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. Please monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify Transform8now immediately of any use of your password without your permission or authority or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account for the same Transform8now service at any given time. Transform8now reserves the right to remove or reclaim any usernames at any time and for any reason.

  3. Your Account

    Subject to rights in Your Content (defined below in Part II if you are a content provider), you acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Transform8now.

Feedback

You acknowledge and agree that any ideas, suggestions, documents, and/or proposals related to the Services (“Feedback”) that you submit to Transform8now is non-confidential, and you represent and warrant that you have all rights necessary to submit the Feedback to Transform8now. You hereby grant to Transform8now the perpetual, irrevocable, worldwide, sub-license able, transferable right to copy, display, distribute, modify, disclose and otherwise use the Feedback in any way at any time without any additional approval or compensation or attribution. You agree not to submit to us any information or ideas that you consider to be confidential or proprietary.

Ownership of and License to Use the Services.

  1. Use of the Services.

    Transform8now and its licensors and suppliers own all rights, title and interest in the Services (other than User Content, as defined below). The Services are protected by copyright and other intellectual property laws throughout the world. You agree to use the Services solely for your personal non-commercial purposes. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. Any future release, update or other addition to the Services shall be subject to this Agreement. Transform8now, its licensors and suppliers reserve all rights not granted in this Agreement.

  2. Trademarks

    Transform8now’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Little Miss Wellness and Transform8now and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks displayed on the Services, without our prior written permission in each instance.

Restrictions on Use of Services

The rights granted to you in this Agreement are subject to the following restrictions:

  1. you shall not license, sell, transfer, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services;
  2. you shall not enclose any trademark, logo or Services (including content, page layout or form) of Transform8now;
  3. you shall not use any metatags or other “hidden text” using Little Miss Wellness’s; Transform8now or Transform8’s name or trademarks;
  4. you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;
  5. you shall not directly or indirectly “scrape” or download data from the Services (except if we have expressly granted such rights in writing); (f) you shall not access the Services to build a similar or competitive website, application or service;
  6. except as expressly stated herein, no part of the Services may be copied, distributed or republished in any form or by any means;
  7. you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services;
  8. you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and
  9. you shall not attempt to harm our Services. Any unauthorized use of the Services terminates the licenses granted by Transform8now pursuant to this Agreement.

Third-Party Links.

The Services may contain links to third-party services such as third-party websites, applications, or ads (“Third-Party Links”). When you click on such a link, we will not warn you that you have left the Services. Transform8now does not control and is not responsible for Third-Party Links. Transform8now does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.

Indemnification.

You agree to indemnify and hold Little Miss Wellness and/or Transform8now, its parents, subsidiaries, affiliates, officers, employees, agents, partners, licensors and suppliers (collectively, the “Transform8now Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:

  1. Your Content (if you are a content provider);
  2. your use of, or inability to use, the Services;
  3. your violation of this Agreement;
  4. your violation of any rights of another party, including any Users; or
  5. your violation of any applicable laws, rules or regulations. Transform8now reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Transform8now in asserting any available defenses. This provision does not require you to indemnify any of the Transform8now Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Services.

Disclaimer of Warranties and Conditions.

YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TRANSFORM8NOW PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES, THIS AGREEMENT AND/OR ANY PRODUCTS SOLD THROUGH THE SERVICES. TRANSFORM8NOW PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. THE LAWS OF CERTAIN STATES / JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

YOU EXPRESSLY AGREE AND UNDERSTAND THAT TRANSFORM8NOW IS NOT A LICENSED HEALTH CARE PROVIDER AND THAT THE SERVICES ARE NOT A SUBSTITUTE FOR INDEPENDENT MEDICAL CARE BY A QUALIFIED HEALTH CARE PRACTITIONER. TRANSFORM8NOW MAKES NO WARRANTIES OR ASSURANCES WITH RESPECT TO THE MEDICAL BENEFITS OF THE SERVICES.

Limitation of Liability.

  1. Disclaimer of Certain Damages

    YOU UNDERSTAND AND AGREE THAT TRANSFORM8NOW PARTIES IS NOT LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT TRANSFORM8NOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES, INCLUDING PRODUCTS SOLD THROUGH OUR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ELECTRONIC TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

  2. Cap on Liability

    UNDER NO CIRCUMSTANCES WILL TRANSFORM8NOW PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO TRANSFORM8NOW BY YOU DURING THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH CLAIM ARISES, OR (C) ONE HUNDRED DIRHAMS (AED100).

  3. Content

    Except for Transform8now’s obligations to treat your Personal Information in accordance with the Privacy Policy, Transform8now assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Content, user communications or personalization settings.

  4. Basis of the Bargain

    The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and Transform8now.

Termination.

  1. Termination.

    If you have violated or acted inconsistently with the letter or spirit of this Agreement, if we are required to do so by law (e.g., where the provision of any of the Services is, or becomes, unlawful), or if we choose to discontinue the Services (in whole or in part), we have the right to, immediately and without notice, suspend or terminate any the Services provided to you. If we become aware of any possible violations by you of this Agreement, we reserve the right to investigate such violations. In the event that we believe, in our sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated inappropriate conduct, we reserve the right to: (i) warn you via e-mail (to any e-mail address you have provided to us); (ii) notify and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iii) pursue any other action which we deem to be appropriate. If, as a result of the investigation, we believe that illegal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third-party for enforcing this provision.

  2. Effect of Termination.

    Termination includes removal of access to and barring of further use of the Services, including deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content (if you are a content provider). Transform8now will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content (if you are a content provider). All provisions of this Agreement which by their nature should survive, shall survive termination of your use of the Services, including without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitation of liability.

  3. No Subsequent Registration.

    If your registration(s) with or ability to access the Services is discontinued by Transform8now, you agree that you shall not attempt to re-register with or access the Services through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Transform8now reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in this Agreement without any notice or warning to you.

International Users.

The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Transform8now intends to announce such Services or Content in your country. The Services are controlled and offered by Transform8now from its facilities in the United Arab Emirates. Transform8now makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

Dispute Resolution.

If you have any questions, complaints or claims with respect to the Services, please contact us first at Little Miss Wellness , Level 17, Boulevard Plaza Tower 1,Sheikh Mohammed Bin Rashid Boulevard, Downtown Dubai, Dubai, UAE to info@transform8now.com and we will do our best to address your concerns.

THE PROVISIONS OF THIS SECTION 11 APPLY TO ANY USERS OF THE SERVICES, WHETHER AUTHORIZED OR UNAUTHORIZED. PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS.

  1. Any and all disputes between you and us and our employees, agents, successors, or assigns, regarding or relating to the Services or this Agreement shall exclusively be settled through binding and confidential arbitration.
  2. Arbitration shall be subject to the Dubai International Arbitration Centre and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the under or appointed by the Dubai International Arbitration Centre. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the DIAC’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
  3. You are giving up your right to go to court to assert or defend your rights except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury.
  4. You and we must abide by the following rules:
    1. any claims brought by you or us must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding;
    2. the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief;
    3. in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation;
    4. we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (v) the arbitrator shall honor claims of privilege and privacy recognized at law;
    5. the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction;
    6. the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and
    7. each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
  5. Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the courts located in Dubai, UAE. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Dubai, UAE in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Dubai, UAE for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
  6. With the exception of Sections 11(d)(i) and 11(d)(ii) (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with this Agreement, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either Section 11(d)(i) or 11(d)(ii) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Dubai, UAE.
  7. Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in this Agreement, any such termination shall not be effective until thirty (30) days after the version of this Agreement not containing the agreement to arbitrate is posted to the Services, and shall not be effective as to any claim of which you provided Transform8now with written notice prior to the date of termination.
  8. For more information on DIAC, its Rules and Procedures, and how to file an arbitration claim, you may visit the DIAC website at .
  9. Any and all controversies, disputes, demands, counts, claims, or causes of action between you and Transform8now and our employees, agents, successors, or assigns, regarding or relating to this Agreement or the Services shall exclusively be governed by the internal laws of the jurisdiction of Dubai - United Arab Emirates, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

General Provisions.

  1. Electronic Communications

    The communications between you and Transform8now use electronic means, whether you visit the Services or send Transform8now e-mails, or whether Transform8now posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Transform8now in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Transform8now provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

  2. Release

    You hereby release Transform8now Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Services. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Transform8now Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Sites or any Services provided hereunder.

  3. Assignment

    This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Transform8now’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Transform8now may freely assign this Agreement, and subcontract, delegate or otherwise transfer its rights and obligations hereunder, without your consent.

  4. Force Majeure

    Transform8now shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

  5. Notice

    Where Transform8now requires that you provide an e-mail address, you are responsible for providing Transform8now with your most current e-mail address. In the event that the last e-mail address you provided to Transform8now is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Transform8now’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Transform8now at the following email: info@transform8now.com. Such notice shall be deemed given when received by Transform8now by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

  6. Waiver

    Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

  7. Severability

    If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

  8. Export Control

    You may not use, export, import, or transfer the Services except as authorized by International law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. You acknowledge and agree that products, services or technology provided by Transform8now are subject to the export control laws and regulations of the International Courts of Law. You shall comply with these laws and regulations and shall not, without prior authorization, export, re-export, or transfer Transform8now products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

  9. Entire Agreement

    This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

    Part II

    In addition to all provisions of Part I of this Agreement, the provisions of Part II of this Agreement shall apply to Users that upload, post, e-mail, transmit, or otherwise make Content available through the Services.

Responsibility for Content.

  1. Types of Content

    You acknowledge that all information (including payment information), data, pictures, or other content (“Content”) on the Services is the sole responsibility of the party from whom such Content originated. This means that you, and not Transform8now, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Services (“Your Content”), and that other Users of the Services, and not Transform8now, are similarly responsible for all Content they make available through the Services (together with Your Content, “User Content”). Under no circumstances will Transform8now be liable in any way for any Content of any third parties (including Users), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content.

  2. No Obligation to Pre-Screen Content

    You acknowledge that Transform8now has no obligation to pre-screen Content (including, but not limited to, User Content), although Transform8now reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into this Agreement, you hereby consent and agree that you will never revoke such consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content. In the event that Transform8now pre-screens, refuses or removes any Content, you acknowledge that Transform8now will do so for Transform8now’s benefit, not yours. Without limiting the foregoing, Transform8now shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

  3. Ownership of Your Content

    Transform8now does not claim ownership of Your Content. You are solely responsible for all Your Content and you represent, warrant and covenant that Your Content will not (a) infringe or misappropriate any intellectual property or other rights of a third party, (b) contain software viruses or similar computer code, or (c) be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene or otherwise objectionable. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Services.

  4. License to Your Content

    While you retain ownership of Your Content, you acknowledge that we need to use Your Content in connection with providing the Services and otherwise in connection with our business operations. You hereby grant to Transform8now and its affiliates a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicense able license to copy, distribute, display, modify and otherwise use Your Content in connection with providing the Services and otherwise in connection with our business operations.

    In addition, you understand that Transform8now gleans valuable insights from Your Content and the aggregated and/or anonymized data that is derived from your and others’ use of the Services, including information derived from Your Content. You acknowledge and agree that Transform8now may create such aggregated and/or anonymized data from or using Your Content and other metrics related to your usage of the Services. You hereby consent to Transform8now’s use of such aggregated and/or anonymized data in connection with its internal operations and functions, including, but not limited to, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes, as well as for Transform8now’s other business purposes. You acknowledge and agree that Transform8now may copy, display, distribute, modify, transfer, disclose and otherwise use any such aggregated and/or anonymized data. The foregoing rights set forth in this paragraph are perpetual, irrevocable, worldwide, transferable and sublicense able by Transform8now. Please note that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services.

  5. Backing up User Content

    We are not obligated to backup User Content, and Your Content may be deleted at any time without prior notice – accordingly we recommend you store and backup copies elsewhere.

  6. Do not send us confidential information in Your Content.

    Please note that User Content will not be treated as confidential information – accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary. You acknowledge that your communications with other Users via the Services are public and not private communications, and that you have no expectation of privacy in respect of such communications.

    Without limiting the foregoing, you acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

    1. comply with legal process, applicable laws or government requests;
    2. enforce this Agreement;
    3. respond to claims that any content violates the rights of third parties; or
    4. protect the rights, property, or personal safety of Transform8now, its Users and the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve
      1. transmissions over various networks; and
      2. changes to conform and adapt to technical requirements of connecting networks or devices.

  7. Other Restrictions on User Conduct

    You agree not to use the Services for any purpose prohibited by this Agreement or by applicable laws or regulations. You shall not (and shall not permit any third party to) (a) take any action or (b) make available any content on or through the Services that:

    1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
    2. is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
    3. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
    4. involves any commercial activities and/or sales without Transform8now’s prior written consent; or
    5. impersonates any person or entity, including any employee or representative of Transform8now.

  8. No Fees

    You agree that you shall not be entitled to any monetary compensation in connection with Your Content.

  9. Copyright Complaints

    Transform8now respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Transform8now of your infringement claim in accordance with the procedure set forth below.

    Transform8now will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ( “DMCA” ) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to info@Transform8now.com (Subject line: “DMCA Takedown Request” ). You may also contact us at:

    Little Miss Wellness or by e-mail at: info@Transform8now.com

    To be effective, the notification must be in writing and contain the following information:

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • a description of the copyrighted work or other intellectual property that you claim has been infringed;
    • a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
    • your address, telephone number, and email address;
    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
    • 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 authorized to act on the copyright or intellectual property owner’s behalf.

    Counter-Notice: If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in Your Content, you may send a written counter-notice containing the following information to the Copyright Agent:

    • your physical or electronic signature;
    • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located in Dubai UAE, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
    • If a counter-notice is received by the Copyright Agent, Transform8now will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

    Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Transform8now has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, Users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

    Part III

    In addition to all provisions of Part I of this Agreement (and Part II if you upload, post, e-mail, transmit, or otherwise make Content available through the Services), the provisions of Part III of this Agreement shall also apply to Users that purchase goods or services through the Services.

Orders

  1. Order Process

    After Transform8now receives your order to purchase goods and/or services from the Services, you will receive an email from us confirming receipt of your order. If you do not receive an email from Transform8now confirming receipt of an order that you placed, please contact us at info@Transform8now.com before you attempt to place another order.

  2. Order Issues

    1. If there is an error in pricing and/or other information about your order ( “Description Error” ), then Transform8now will notify you at the email address that you have provided. Once the error has been corrected, Transform8now will ask you whether or not you would like to re-submit your order to purchase.
    2. Although it is unlikely that Transform8now would refuse to accept an order, Transform8now reserves the right to deny any order for any reason, including where the following situations arise:
      1. insufficient information or errors in billing, payment, and/or shipping information;
      2. orders that cannot be processed due to erroneous information that you have provided, which includes, but is not limited to incorrect credit card or debit card number, expiration date, security value, or other incorrect information regarding payment types;
      3. suspected fraudulent information and/or activities (including with respect to past orders);
      4. unavailability of your order due to discontinuance or otherwise or
      5. an order is connected with a previous credit card dispute.
  3. Restrictions on Resale

    All orders of goods or services from the Services are for your personal use only. you hereby agree not to resell or distribute such goods or services for any commercial purposes. Transform8now will not accept any order that Transform8now deems, in its sole discretion, to possess characteristics of reselling. Transform8now reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.

Fees and Purchase Terms.

  1. Payment

    You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the goods or services you order as such costs are specified on the Site when you submit your order. You must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) ( “Payment Provider” ) in connection with your orders. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing your credit card number and associated payment information, you agree (a) to have sufficient funds or credit available upon placement of any order to ensure that the fees and charges will be collectible by Transform8now and (b) that we are authorized to immediately charge your credit card for all such fees and charges and that no additional notice or consent is required. You agree to immediately notify Transform8now of any change in your billing address or the credit card used for payment hereunder. Transform8now reserves the right at any time to change its prices and billing methods with respect to any future purchases, either immediately upon posting on the Services or by e-mail delivery to you.

  2. Refunds

    All fees are non-refundable

  3. Discounts and Promo Codes

    We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis ( “Promo Codes” ). Promo Codes may only be used once per person. Only Promo Codes sent to you through official Transform8now communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.

  4. Disputes

    To contact us regarding any billing disputes, please email accounting@Transform8now.com

Third Party Payment Services Provider.

Transform8now uses simplybook.me as its third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the Services, you agree to be bound by Simplybook.me’s Privacy Policy available at https://simplybook.me/en/policy You hereby consent to provide and authorize Transform8now and Shopify to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. Transform8now is not responsible for the performance of Simplybook.me.

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