Responsibility Agreement

The value for all of us of self-responsibility, the understanding of our responsibilities & obligations towards each other, and the sense of safety this ultimately gives all of us is very important. So, here is the Responsibility Agreement:

Responsibility Agreement

(incorporating the Legal Disclaimer, Terms of Service & Privacy Policy)

This Responsibility Agreement is made between you (referred to as “you”, “your”, or “client”) and Kush Luv Modgil trading as Kush Luv (referred to as “Kush Luv”, “he” or “his”).

Legal Disclaimer & Terms of Service

By expressly confirming or scheduling or participating with or paying for any session(s) or group session(s) or transmission(s) or any other format of his services (or combination of formats) with Kush Luv you are confirming that you have read and understood this Disclaimer and Terms of Service and Privacy Policy and that you are freely entering into legally binding agreement with their provisions which are governed by and construed in accordance with the laws of England and Wales. This Responsibility Agreement, and any dispute or claim (including non-contractual disputes and claims) arising out of or in connection with it or its subject matter of formation, shall be governed by these laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Responsibility Agreement or its subject matter or formation. You explicitly agree to waive any right to bring a claim in any foreign court or under any foreign local laws.

Although Kush Luv asks you in his Client Care Package document, sent to you during the scheduling period, to explicitly confirm that you have read understood and agree to this Responsibility Agreement, in the absence of such explicit confirmation, your involvement in scheduling and/or participating in and/or paying for these aforementioned sessions and services is deemed to constitute such confirmation and agreement. Such initial confirmation and agreement, whether explicit or so deemed, continues to apply to all future ongoing session(s) and services with Kush Luv without the need for repeated confirmations and agreement.

Kush Luv reserves the right to update, change or replace any part of the Responsibility Agreement. If any provisions of the Responsibility Agreement change, Kush Luv will directly email you the new version for your explicit or deemed confirmation and agreement, as above, and the new Responsibility Agreement also be updated on his website. If for any reason you do not receive a new version directly emailed to you, the updated Responsibility Agreement on his website constitutes the new agreement between you and Kush Luv and it is your responsibility to check his website periodically for changes. If for any reason you do not receive a new version and the new Responsibility Agreement is not updated on his website, your most current explicitly or deemed confirmed and agreed version of the Responsibility Agreement continues to apply for all session(s) and services going forward until you do receive a newer version or it is updated on the website.

Any reference to the words “session(s)”, “transmission(s)” or “services” within this Responsibility Agreement include (but are not restricted to) within their meaning: a single or multiple individual (or joint) session; a single or multiple group session; a single or multiple individual or group transmission; and any other format (or combination of formats) of Kush Luv’s services; and: whether any of the aforementioned sessions and services (or any such combination) occur now or in the future; are arranged in one-go or any series of ongoing arrangements; are paid for or are free; and occur physically in person, in person virtually, remotely or any combination of such.

Any reference to the phrase “private session(s)” bears its reasonable common-sense meaning and includes an individual session(s) or joint session(s); whether physically in person or in person virtually or remotely or any combination of such. Such sessions include Kush Luv’s “Illumination Sessions” and any other private session format howsoever named.

Any reference to the phrase “group session(s)” bears its reasonable common-sense meaning; and includes a group whether physically in person or in person virtually or remotely or any combination of such; and consisting within its overall group construction any ratio combination of (1) group interface and (2) any private interface with any participant(s) and (3) any transmission(s). Such group sessions include Kush Luv’s “Awakening Alchemy” series and any other group format howsoever named.

You are at least 18 years of age and also at least the legal age of majority in your country or state or province of residence, competent to decide upon the suitability of these services for you, and physically and mentally and emotionally fit to engage with them.

You confirm that you are under the ongoing care of appropriate professional expertise for any medical, health, mental health, psychological, psychotherapeutic, legal and/or business issues, and have consulted with these professional experts about scheduling or participating in any session with Kush Luv.

All communication, services and information between you and Kush Luv is provided for spiritual and entertainment purposes only; and constitutes lay personal interaction and/or lay personal discussion only. Although Kush Luv may comment on life events and situations and health issues, such comments and communications do not in any way constitute professional consultation, advice, opinion, influence, recommendation, diagnosis, evaluation, treatment or any kind of prediction whatsoever; nor qualified or deemed to influence your decision-making in any way whatsoever. It does not constitute whatsoever, nor does it ever take the place of, professional services including (but not limited to) medical, health, body therapies, mental health, counselling, psychological, psychotherapeutic, legal, financial, or business services; nor be regarded in any way to influence or compete with such professional services. You understand that Kush Luv is not a professional in any of these areas and that he is practicing none of them. Kush Luv does not prescribe the use of his services in such matters.

To re-emphasise again specifically, Kush Luv does not diagnose, treat, cure, heal or prevent any condition; and although he may comment on the nature of spirituality, energetics and consciousness in relation to physical and mental health, these comments are not intended as diagnosis or non-diagnosis, advice, treatment or for any course of action in relation to any medical or mental health issue(s) that you may have.

If the word ‘healing’ or ‘healer’ is used anywhere within Kush Luv’s services including (but not limited to) his sessions, groups, verbal or written communications, session or group invitations, website, or client testimonials it does not refer to any physical or medical or mental or emotional or therapeutic healing of any kind whatsoever. It is meant only in an holistic and spiritual sense as a return to greater spiritual wholeness and the awakening journey towards our deeper true divine nature.

Kush Luv accepts no responsibility or liability for any decisions, actions, or inactions you choose to make, now and/or in the future, based on any session(s) or services or any communication between you and him.

Sometimes working within your internal energetics and consciousness may elicit distress, confusion or anxiety and emotional, energetic, spiritual, mental and/or physical sensations or symptoms as part of the illumination and awakening process of your unique system and that which it holds; should any of these arise you agree that Kush Luv is not in any way responsible or liable, and agree to take personal responsibility for them, including seeking any necessary professional or medical assistance.

You confirm that if you are participating in any session(s) or group session(s) or transmission(s), you are doing so in a safe and appropriate environment and situation; and it is your responsibility alone to ensure this. E.g. you should not be driving or operating machinery.

You agree to fully indemnify and hold harmless Kush Luv against all liability and costs (including legal fees) in any way connected with your participation in and use of such session(s), services and communication with Kush Luv.

Payment is for Kush Luv’s time only and not for any specific results or outcomes which can never be guaranteed or predicted. The same holds true if the session is offered free of payment.

Payment and Cancellation Policy

1. Private session(s)

Payment to be made before the scheduled session or within 2 days after it. Cancellation or re-scheduling of a session to be made at least 48 hours before the scheduled session to avoid incurring the full cost. Pricing may generally increase over time, including normally at the beginning of each calendar year in reference to England’s inflation rate and cost of living. Please enquire with Kush Luv if there has been a significant break between a forthcoming and previous session to check possible new pricing. Kush Luv reserves the right to cancel a session(s) or discontinue his services at any time.

2. Group session(s)

Payment to be made before the scheduled group session and is necessary to reserve a place. There are limited places and payment does not confirm a definite place; if Kush Luv cannot offer you a place your payment will be returned. Cancellation to be made at least 2 full days before the scheduled group session to avoid incurring the full cost. Kush Luv reserves the right to cancel the group session or refuse participation at his discretion at any time before or during the group session. Kush Luv reserves the right to continue his services at any time.

Recording

1. Private session(s)

You may record the audio only of the session as long as (1) you inform Kush Luv that you intend to do so at the beginning of any and each session; and (2) the audio recording and its contents are maintained for your own private use only. Kush Luv may also record it in audio and/or visual format. Copyright in both the recording itself and the contents of the recording reside with Kush Luv yet as set out in the Privacy Policy below (in more detail) there is no disclosure of personal details which could reasonably be identified with you. You agree you will not publish, display, share or distribute any content or material from your communication, services or sessions(s) with Kush Luv without his express prior written permission.

2. Group session(s)

Recording of the group session in audio or visual format of any kind is not permitted.

Kush Luv may record the group session in audio and/or visual format. Copyright in both the recording itself and the contents of the recording reside with Kush Luv yet as set out in the Privacy Policy below (in more detail) there is no disclosure of personal details which could reasonably be identified with you. You agree you will not publish, display, share or distribute any content or material from your communication, services or sessions(s) with Kush Luv without his express prior written permission.

Confidentiality

1. Private session(s)

As set out in the Privacy Policy below (in more detail) there is no disclosure by Kush Luv of personal details which could reasonably be identified with you. You agree you will not publish, display, share or distribute any content or material from your communication, services or sessions(s) with Kush Luv without his express prior written permission. If another person and/or entity not participating directly with the session is discussed, you agree to be responsible for any legal and/or financial and/or reputational consequences arising from that discussion where what was discussed was shared by you to (or somehow came indirectly via you to the awareness of) that person/entity or to any other relevant person/entity. You confirm and agree that any audio and/or visual recording made by Kush Luv of any session(s) can be sent to you or shared with you via the vehicle of standard electronic transfer means or other standard means.

2. Group session(s)

  • Strict confidentiality obligation by participants of personal information and details shared within the context of a group session is absolute.
  • Such personal information and details can only be discussed in real time within the setting of the live group session.
  • Your participation (whether physically in person, virtually in person, or remotely) automatically deems your permission and consent to allow illumination/feedback/discussion from Kush Luv and/or other participants within the context of that group setting. If something is discussed within the group which you do not wish to be discussed any further, you must actively, clearly and vocally request further discussion to be desisted from and that request becomes valid when acknowledged by Kush Luv. If another participant makes such a request, you will respect that request and desist from further discussion.
  • Your participation within the group automatically deems your permission and consent for Kush Luv to give you illumination/feedback/discussion within the group even if you are not present physically in person or virtually in person whilst he does so (unless you email at least 24 hours beforehand to notify him otherwise and he acknowledges your request).
  • If for any reason you do not hear something that Kush Luv says during the group or you are absent from the group for any period of time, Kush Luv bears no responsibility to you (or to any group participants) for any consequences whatsoever for what you may not have heard or not been present to hear.
  • You confirm and agree that you will not share or discuss outside the live platform of the group session any personal information and details relating to other participants within the group (whether these other participants are participating physically in person, virtually in person, or remotely) where that personal information and those details were expressed within that group.
  • If another person and/or entity not participating in any way within the group session (ie. not physically in person, not virtually in person, nor remotely) is discussed, you agree to be responsible for any legal and/or financial and/or reputational consequences arising from that discussion where what was discussed was shared by you to (or somehow came indirectly via you to the awareness of) that non-participating person/entity or to any other relevant person/entity.
  • You confirm and agree that any audio and/or visual recording made by Kush Luv of any group session(s) can be sent to you or shared with you via the vehicle of standard electronic transfer means or other standard means.
  • You confirm and agree that any audio and/or visual recording made by Kush Luv of any group session(s) can be shared (by electronic transfer or other means) with any other participant of the group (whether those participants were participating physically in person; in person virtually; or remotely – even without being known as an included participant of that group by other participants).
  • Kush Luv may, of course, later discuss outside of the group setting personal information and details (which were shared and expressed within the context of the group) with the participant concerned in the context of ongoing communication and support.
  • Kush Luv accepts no responsibility or liability for any breach of these strict confidentiality provisions by any participants, now or in the future; nor does he accept any responsibility or liability for comments/sharing/advice given by participants to other participants within such group sessions.
  • You agree to fully indemnify and hold harmless Kush Luv against all liability and costs (including legal fees) in any way connected with any breach of your duties and obligations set out within this entire confidentiality section.

Website

  • Kush Luv’s website is found under the www.kushluvawakeningalchemy.com URL website address and is operated by Kush Luv Modgil referred to as Kush Luv throughout the website.
  • You may not in the use of the website violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
  • By visiting the website and messaging Kush Luv from the website you will be deemed to have read, understood and agreed to the Responsibility Agreement.
  • Once you have sent a message on the website this is not a confirmation that Kush Luv will be able to offer you a session(s) or his services, most likely because (but not limited to) he does not have availability or capacity to do so or his services have discontinued.
  • In the event that you use any of this information on his website for yourself, Kush Luv accepts no responsibility or liability for any decisions, actions, or inactions you choose to make, now and/or in the future. All website content is provided for spiritual and entertainment purposes only. No part of Kush Luv’s website is intended to constitute advice, opinion, influence, recommendation, diagnosis, evaluation, treatment or any kind of prediction whatsoever; nor qualified or deemed to influence your decision-making in any way whatsoever. The content of his website should not be relied upon when making any decisions or taking any action of any kind. You should be aware that you use the website and its content at your own risk. The information presented on this website is not a substitute for professional medical or psychological advice and care. The information found on Kush Luv’s website does not constitute, nor does it ever take the place of, professional services including (but not limited to) medical, health, body therapies, mental health, counselling, psychological, psychotherapeutic, legal, financial, or business services; nor be regarded in any way to influence or compete with such professional services.
  • To re-emphasise again specifically, Kush Luv does not diagnose, treat, cure, heal or prevent any condition; and although he may comment on his website about the nature of spirituality, energetics and consciousness in relation to physical and mental health, these comments are not intended as diagnosis or non-diagnosis, advice, treatment or for any course of action in relation to any medical or mental health issue(s).
  • If the word ‘healing’ or ‘healer’ is used anywhere within Kush Luv’s website and client testimonials, it does not refer to any physical or medical or mental or emotional or therapeutic healing of any kind whatsoever. It is meant only in an holistic and spiritual sense as a return to greater spiritual wholeness and the awakening journey towards our deeper true divine nature.
  • In addition to other prohibitions as set out in the Responsibility Agreement, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, country, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation Kush Luv’s website or any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of Kush Luv’s website or any related website, other websites, or the internet. We reserve the right to terminate your use of the service of Kush Luv’s website or any related website for violating any of the prohibited uses.
  • All original content on the Kush Luv website, including written text, graphics, and logos, is protected by copyright and belongs to Kush Luv Modgil or its respective copyright owners, unless otherwise indicated. All rights reserved. No part of this website may be copied, reproduced, modified, distributed, or incorporated into another work without the prior written permission of the applicable copyright owner.
  • While Kush Luv uses reasonable endeavours to ensure that the information on his website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and will not be responsible for any errors or omissions or for the results arising from the use of such information. While Kush Luv takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of his website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

To the fullest extent permitted by the laws of England Wales, Kush Luv shall not be liable to you by reason of any representation or communication of any kind, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Responsibility Agreement, or in negligence for all and any direct or indirect or special or consequential or exemplary loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of Kush Luv’s services or use of his website. The entire liability of Kush Luv under or in connection with any contract for any services shall not exceed the price of the specific ring-fenced service in dispute.

No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.

If any provisions (in whole or part) in this Responsibility Agreement (including the Privacy Policy) are for any reason held to be invalid, void, or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.

Privacy Policy

Kush Luv is committed to protecting your privacy. This privacy notice explains how he collects, uses, and protects your personal data.

Kush Luv does not disclose personal details which could reasonably be identified with you by the standard of the average person on the street, unless permission is given by you, or for the purposes otherwise expressed within this Privacy Policy.

By communicating about or by scheduling or by participating in sessions with Kush Luv, you give your ongoing agreement to the collection and use of your personal information in accordance with this Privacy Policy.

Kush Luv uses your personal information (including name, email address, residential address, phone numbers, payment information, explored themes whether in the guise of manual handwritten notes or computer notes and audio/visual recordings of session(s)) only for:

  1. Contacting you by any reasonable means (including email, phone, text message or WhatsApp messaging) about the details, scheduling and logistics of his sessions and services and/or his wider events, now or in the future;
  2. The acceptance (whether directly confirmed or indirectly confirmed as explained within the first paragraph of this Responsibility Agreement) of your Responsibility Agreement incorporating the Disclaimer, Terms of Service and Privacy Policy set out in the Client Care Package document sent to you during the scheduling period;
  3. The retention of written/typed notes for record keeping as well as audio and/or visual recordings of session(s) and services;
  4. The professional purposes of any third-party accountancy, third-party legals and relevant associated parties, and relevant third-party party administration;
  5. Any possible necessary communication between Kush Luv and you by any reasonable means (including email, phone, text message or WhatsApp messaging) about your session(s) or the contents of your session(s);
  6. Any possible necessary communication between Kush Luv and the person whom referred you to him;
  7. The possible sharing of anonymised explored themes and life circumstances (which could not reasonably be identified with you by the standard stated above) to assist others during session(s) and services, or published in book form, articles, talks and presentations, podcasts, videocasts, audio-visual programmes or any other type of platform/media;
  8. Any other reasonable use given the context of the relationship between you and Kush Luv; and
  9. For any purposes set out in the Disclaimer and Terms of Service.

Most of the personal information Kush Luv processes is provided to him directly by you mainly for the following reasons:

  1. To schedule, manage, and deliver your session(s);
  2. To manage billing, invoicing, and tax obligations; and
  3. In an anonymised way to use the benefit of what is explored in session(s) to help others or to bring that valuable knowledge to a wider audience.

Under the UK General Data Protection Regulation (UK GDPR), the lawful bases Kush Luv relies on for processing this information are:

  1. Contractual obligation – needing your data to fulfil session(s);
  2. Legal obligation – keeping financial and business records for UK tax and related laws; and
  3. Legitimate interests – keeping session notes to ensure continuity of care and to comply with professional legal and regulatory obligations and in an anonymised way to help others or to bring that valuable knowledge to a wider audience.

Kush Luv gives careful consideration to the security of your personal information in its retention and storage generally (including locked filing cabinet storage and password-protected computer storage) and including transmission over email/internet/phone platforms, but of course absolute security guarantees are impossible. Your records will generally be kept for 7 years after our final session (and maybe longer) in order to comply with professional legal and regulatory obligations and any other general legal reasons.

Under UK GDPR you have many rights regarding your personal data, including seeing what data we access, and updating your information. If you have any questions or wish to exercise your rights, please contact Kush Luv at kushvocals@outlook.com.

Until you communicate otherwise, Kush Luv may send you emails with details about his session(s) or services. If you no longer wish to receive these emails you may unsubscribe at any time by requesting to do so by acknowledged email to Kush Luv.

Please ask Kush Luv if you have any queries about this Privacy Policy. His email is kushvocals@outlook.com.

Kush Luv is a trading name of Kush Luv Modgil.

Contact: kushvocals@outlook.com

Address: 87 Burfield Road, Old Windsor, Windsor, Berkshire, SL4 2LR