Terms and Conditions
wellb.me Terms of Service
1.1. Acceptance of the Terms
Please read the Terms carefully before using the Site and/or the Application. You accept and agree to be bound by these Terms by acknowledging such acceptance during the registration process. If You do not agree to any of the provisions as set forth herein under these Terms, please do not use any of the Services. Without derogating from the generality of the above, these Terms apply to any User (as defined above).
1.2. Eligibility to Use the Services
By using the Services, You acknowledge and represent that You are eighteen (18) years of age or older and that You possess the legal right and ability to enter into this Agreement and use the Services. In addition You represent and warrant that if the Wellness Services are booked by a parent or legal guardian for an individual under the age of eighteen (18), such individual must be accompanied to the appointment booked on their behalf by a parent or legal guardian.
If wellb.me is informed or has reason to believe that You are not eligible to use the Services or that You become ineligible, Your use may be terminated without prior notice and Your Account (as defined below) on the Site may be deleted. If wellb.me shall delete and/or block Your Account due to such ineligibility, You will not be entitled to any refund and You hereby waive any claim against wellb.me.
The Services shall be provided through wellb.me servers and/or third party’s external servers or cloud services used by wellb.me, to be determined by wellb.me at its sole discretion.
You do not have any right to use the Services for commercial use. If You wish to use the Services for commercial use, You must first contact wellb.me to get prior written consent and You may be required to enter into a separate agreement with wellb.me. wellb.me reserves the right to reject such an offer and is not committed to allow or agree to any commercial use by You.
If You are using the Services on behalf of an individual, company, entity, or organization, You represent and warrant that You are an authorized representative with the authority to bind such individual or organization to this Agreement, and agree to be bound by the Agreement on behalf of such individual.
1.3. WP Relationship and Information
WPs are independent contractors who operate a separate and distinct business from wellb.me. All payments made for Wellness Services, even though such payments are made through the Site and/or Application, are made to the WPs and not to wellb.me, although wellbe.me may retain a portion of such payments as compensation from the WPs. As such, we do not control the manner or method of service to You, exercise no control over the working relationship and do not warrant the Wellness Services of any WP.
You hereby declare and acknowledge that, wellb.me is not liable for any of the details, information or materials supplied by the WP regarding their personal and/or professional details and the quality of their Wellness Services as published on the Site or Application, or communicated to You in any other form or means of media, whether publicly or personally that is either linked or posted on the Site (collectively the “WP’s Information”) and any claim You may have that shall arise as to the accurateness or misrepresentation thereof, shall be strictly between You and the WP.
The WP Information may be updated from time to time and therefore wellb.me does not routinely screen its WP or perform a background check or attempt to check and verify the information posted by the WP on the Site and/or the Application.
Further, wellb.me did not perform any checks with the WP, that it is in compliance with any insurance, regulation or law, if applicable or has obtained or has maintained a license to perform its Wellness Services (if required), and it is the WP’s sole responsibility to comply with any such insurance demand, laws and/or regulations, as applicable.
As wellb.me cannot verify that the WP has the applicable authorization, qualifications, registration, license and/or any personal and/or professional insurance as may be required by law or regulation, You understand and acknowledge that if You desire to receive any information from the WP, including information regarding the WPs’ license and/or insurance, it is Your responsibility, and Yours only, to request this information from the WP and You waive any claim against wellb.me that shall arise from any failure due to the WP’s Information or the lack thereof. You assume full responsibility to take precautions and use common sense in all actions and interactions with any third party You interact including but not limiting to the WP, within or through the Services in order to protect Your personal safety.
1.4. wellb.me Not a Healthcare Provider
wellb.me provides the Site, Application and Services as a technology and communication platform for the convenience of WPs and Users. However, wellb.me is not a healthcare provider and the Site, Application and the Services do not constitute the practice of any medical, nursing or other professional health care service or the provision of any advice, diagnosis or treatment. No professional relationship between a User and wellb.me is being established or intended to be established through this Site, Application or the provision of the Services, or as a result of any communications with WPs through the Site or Application.
WELLB.ME DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, RESPONSES, INFORMATION, OR OTHER WELLNESS SERVICES PROVIDED BY WPS, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY WP.
1.5. Modifications of Terms
wellb.me reserves the right to change, add to, delete a portion of or otherwise modify, from time to time, at its sole discretion, these Terms. Posting the modified Terms on the Site will give effect to its revised terms within 10 days as of such posting, unless earlier accepted by You. Thereafter, any continuing use of the Services by You will constitute Your expressed agreement to abide by the revised terms.
2. Use of Site and Application
2.1. Registration and User’s Profile
In order for You to become a wellb.me user, and be able to use the Services, You are required to register to the Service by completing the registration process on the Site or Application (the “Registration Process”). The Registration Process will require You to fill out Your user’s profile which shall contain, amongst others, Your full name, e-mail address, phone number and address (“User’s Profile”). Once You have completed the registration process and supplied all the required information, You may start booking the Services using the User’s Profile You created. After choosing the wanted Wellness Service, You will be required to provide us with a method of payment in order to Book an Appointment (see booking procedure below).
You represent and warrant, that all the registration information You have submitted is accurate and truthful and that You agree to update and maintain the accuracy of such information at all times. wellb.me reserves the right to suspend or terminate Your Account if registration information submitted seems (in its sole discretion) or proves to be false, inaccurate or incomplete. Further, You represent and warrant that any checks that wellb.me may preform regarding any information related to the Service in any way, will not derogate from Your liability to continually provide true and full information about Yourself.
The Registration Process also requires You to enter a User name and password together with Your preferred method of payment (“Account”). You are entirely responsible for the maintenance of Your User’s Profile, Account and the confidentiality of Your Account details, including but not limited to updating Your password from time to time and logging out of Your Account at the end of each use of the Site and/or Application.
If You suspect any breach of security or any unauthorized use of Your Account, You hereby agree and warrant You shall notify wellb.me immediately. Notwithstanding anything to the contrary, You shall bare all responsibility for the use of Your Account and any activity that shall occur through it. wellb.me will not be liable for any loss of data You may incur as a result of any unauthorized use of Your Account. Registration under more than one Account for any reason is prohibited.
The booking process through the Site or Application shall include the following steps:
(1) You may choose the wellness area You are interested in from the list of wellness activities offered to You on the Site or the Application (the “Wellness Area”);
(2) You shall be requested to choose the time and date and the location that You wish to receive the Wellness Services at;
(3) You shall be requested to choose and book one of the session offers made by WPs, based on the aforementioned criteria;
After You book a session, and pay the applicable Charges (as defined below) (“Booking”) You shall receive a notification that Your Booking is final and it will appear in Your Account’s upcoming sessions as a booked appointment (“Appointment”).
The Booking is based entirely on the information provide by You in Your User’s Profile and the information provided by the WP, therefore wellb.me is not responsible for any error in the Booking process that results from inaccurate information or the lack thereof.
wellb.me is not be liable for the quality of the Wellness Services and the entire risk as to satisfactory quality, performance, accuracy and effort and any damages resulting therefrom or unsatisfactory Wellness Services of any kind shall be the liability of the WPs.
2.3. Exclusive Booking
Session offers by WP’s that were originally offered to You through the Site and/or Application are considered first introduced WP (“First Introduced WP”), unless such Session offers by WP’s were offered to You prior to Your initial meeting with them through the Site and/or Application.
You represent and warrant that regarding First Introduced WP, all subsequent appointments with them will be made through the Site and/or Application. Furthermore, You hereby agree that if You receive Wellness Services from a First Introduced WP’s not through the Site and/or the Application, it would be considered a material breach of trust and wellb.me, at its own discretion, may immediately terminate Your Account without any prior notice. In addition, if You schedule an appointment with a First Introduced WP’s not through the Site and/or the Application You hereby agree to notify wellb.me and to pay it the applicable fee, as if the Appointment was scheduled through wellb.me.
wellb.me shall provide You with the Services subject to the payment of all agreed charges, fees and other amounts that shall be paid to the WP. You agree to pay all charges, for Wellness Services ordered by You through the Site or Application (“Charges”). You shall be charged for all sales, use and related taxes due on the fees payable for Wellness Services.
wellb.me is not responsible for the quality of the Wellness Services and therefore any payment of the Charges shall be refundable only according to the Cancelation Policy, unless an Appointment never took place due to WPs’ fault and/or if not Your fault. In such case wellb.me shall fully refund You and shall take full responsibility to refund You.
In case the Wellness Services are covered by any health program, You hereby agree that all payments of the Charges shall be paid completely by You, and any claim You have for a reimbursement thereunder from Your health program shall be made after Your payment of the Charges.
Support services in connection with the Services may be provided to You by wellb.me via email, from time to time, at wellb.me’s sole discretion. Without derogating from any provision herein, any support services provided to You by wellb.me is provided “AS IS” and on an “AS AVAILABLE BASIS” and any use of such support thereof by You shall be made at Your own risk and responsibility.
By creating a User’s Profile and Account on the Site and/or Application, and by using the Services, You hereby agree to receive text messages and emails from wellb.me in order to keep You informed and up to date with all the details regarding any Appointment You have booked.
As a User, You will be able to view on Your User’s Profile certain details pertaining to Your current status of Charges, Appointments You booked with WPs, suggested Wellness Services based on Your use of the Site and/or Application, etc. You agree to receive from time to time suggested Appointments according to Your preferred time, location, Wellness Area and previous Bookings, according to the details provided by You on the User’s Profile.
You hereby agree that, after Booking with a WP, Your phone number, as provided by You, will be sent to that WP whom You booked with, and You will receive the WP’s phone number, all in order to allow You to communicate directly with the Booked WP.
You may request at any time to unsubscribe and remove Yourself from any list or from any newsletter or promotional information sent to You by wellb.me.
Depending on Your carrier plan, You acknowledge, understand and agree that when using the Services, You may be responsible for standard phone, data and messaging charges from Your wireless carrier. Under no circumstances will wellb.me be responsible for any wireless email, data, phone, or text messaging charges incurred by You or by a person that has access to Your wireless device, telephone number, or email address. In addition, You acknowledge that any terms between You and any third-party carrier and/or provider of mobile and/or internet services will create no obligation or responsibility on the part of wellb.me shall in no way be responsible for any failure of warranty by any such third party.
You acknowledge that it may not be possible for wellb.me to send You messages, due to factors out of its control relating to message delivery such as factors that are depending on Your mobile carrier service. This can result in failure of sending text messages for example. wellb.me has no liability for transmission delays or message failure if such occur.
2.7. Changes in the Services
Notwithstanding anything to the contrary, wellb.me reserves the right to suspend, discontinue, modify, or remove any Services offered from time to time, without prior notice, without reason or liability, and/or to offer certain services only in various versions or in selected times, based on wellb.me sole discretion.
In addition, wellb.me expressly reserves the rights to charge You, in the future, for Services which are currently available for free. wellb.me will not charge You for using any such additional services, before receiving Your consent, however wellb.me reserves the right to terminate Your Account with wellb.me and cancel Your registration for the Services, in whole or in part, should You refuse to provide such consent and payment if and when so required and in other circumstances as wellb.me sees fit according at its own discretion.
2.8. Your Content
The Site may invite You to create a User’s Profile, chat or participate in blogs, message boards, online forums and other functionality and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials via the Site, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions You transmit to the Site will be treated as non-confidential and non-proprietary. When You create or make available a Contribution, You thereby represent and warrant that: (i) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of Your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party; (ii) You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize the Site to use Your Contributions as necessary to exercise the licenses granted by You under this Agreement; (iii) Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by us), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party, including but not limited to the WP’s; and (iv) Your Contribution does not violate any state or federal law designed to regulate electronic advertising.
By posting Contributions to any part of the Site, You automatically grant, and You represent and warrant that You have the right to grant, to wellb.me an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, Your image and voice or any contribution of the two) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing.
2.9. Guidelines For Reviews
wellb.me may accept, reject or remove reviews in its sole discretion. wellb.me has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by wellb.me, and do not represent the views of wellb.me or of any affiliate or partner of wellb.me. wellb.me does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to wellb.me a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to wellb.me to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
3. App License
3.1. Use License
If You are accessing the Services via our mobile Application, then wellb.me grants you a revocable, non-exclusive, non-transferable, limited right to install and use the Application on wireless handsets owned and controlled by you, and to access and use the Application on such devices strictly in accordance with the terms and conditions of this license. You shall use the Application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of wellb.me or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the Application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Application; (h) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of wellb.me or other intellectual property of wellb.me in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.
3.2. Terms Applicable To Apple and Android Devices
The following terms apply when you use our mobile Application obtained from either the Apple Store or Google Play to access the Services. You acknowledge that this Agreement is concluded between you and wellb.me only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and wellb.me, not an App Distributor, is solely responsible for the wellb.me Application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Application is limited to a non-transferable license to use the Application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: wellb.me is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. (3) WARRANTY: wellb.me is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be wellb.me’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that wellb.me, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the Application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Application. (8) THIRD PARTY BENEFICIARY: wellb.me and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
4. Proprietary Rights
wellb.me owns and retains the entire title, rights and/or interest in and to its technology, Site, Application and/or any of the Services (and/or any part thereof ) and any and all intellectual property rights related and associated therewith, including but not limited to any improvements, specifications, work products, updates, upgrades, error-corrections or other modifications thereof in the form of scripts, codes, formulas, reports, notes, records, charts, analyses, lists and any other documents, material or work products. wellb.me’s Site, Application and/or other Services contain technology, data, ideas, know-how, trademarks, trade secrets, inventions, copyrights and other proprietary information of wellb.me , and all content, codes and/or other work products generated through, produced by or otherwise related to or associated with wellb.me Site and/or Application (“Intellectual Property”). You are not granted with any proprietary rights or license in or to the Site, Application and/or any of the Services, and/or the Intellectual Property associated or related to the Site.
5. Disclaimer of Warranties; Limitation of Liability
5.1. General Disclaimer
YOU EXPRESSLY AGREE THAT ANY USE OF THE SITE, THE APPLICATION AND/OR ANY PART OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SITE, THE APPLICATION AND ANY OF THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND WELLB.ME DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, RELIABILITY, TIMELINESS, ACCURACY, PERFORMANCE OF THE SITE AND/OR THE APPLICATION AND/OR THE SERVICES, WARRANTIES FOR OTHER SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SITE, THE APPLICATION AND/OR ANY OF THE SERVICES ACCESSED THROUGH ANY LINKS ON THE SITE OR THE APPLICATION REGARDING ANY OF THE SERVICES. wellb.me disclaims any destruction to Your property resulting from viruses, bugs, malware and/or any other failure or default or any other harmful components in connection with the Site, the Application and/or any of the Services. Without limiting the generality of the foregoing, wellb.me makes no warranties, representations or other affirmation regarding suitability of the Site, Application and/or any of the Services for use with third party products, or regarding the performance thereof. In addition, wellb.me do not represent or warrant to You that: (a) Your use of the Services will meet Your requirements, (b) the Site, the Application, any of the Services and/or Your use of the Services will be uninterrupted, timely, secure or free from error, suitable, reliable and/or durable.
5.2. Medical Disclaimer
Notwithstanding the aforementioned, the information presented on the Site and/or Application, including all text, graphics, images, videos and/or any information obtained from third party resources and/or provided by the WP and any other materials on the Site (“Content” or “Materials”) are offered for informational and marketing purposes only. Neither the content nor any other service offered by or through the Site is intended to be for medical diagnosis or treatment and/or to replace any such treatment or medication prescribed to You by a medical professional. All persons accessing the Site and/or Application, including the Users, assume full responsibility for the use of the information and agree that the wellb.me is not responsible or liable for any claim, loss, or damage arising from the use of the Services and/or reading or watching the Content.
wellb.me does not recommend or endorse any drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned on the Site and/or Application by any of the WP. Your reliance upon the information and materials obtained or used by You is solely at Your own discretion and Your own risk. The Services provided by wellb.me are not for medical emergencies. If You think You have an emergency please call 911.
WELLB.ME WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE to responses, information or WELLNESS services PROVIDED BY ANY WP. WELLB.ME IS NOT INVOLVED IN ANY WAY WITH THE provision of WELLNESS services. USERS HEREBY RELEASE WELLB.ME, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ADVISORS, CONSULTANTS, AND ASSIGNS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE ACTS OF WPS ACCESSED THROUGH THE SITE AND APPLICATION.
5.3. wellb.me Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WELLB.ME BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO THE LOSS OF USE, DATA, BUSINESS OR PROFITS), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, THE APPLICATION AND/OR ANY OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE, THE APPLICATION AND/OR ANY OF THE SERVICES – WITH RESPECT TO ALL – WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, TORT OR OTHERWISE, AND WHETHER WELLB.ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE, THE APPLICATION AND/OR ANY OF THE SERVICES OR ANY LINKS ON THE SITE, THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
IN ADDITION, WELLB.ME WILL NOT BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURE, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURE, OTHER EQUIPMENT FAILURE, ELECTRICAL POWER FAILURES, HOSTING SERVICES FAILURE, OTHER THIRD PARTIES’ PRODUCTS OR SERVICES FAILURE, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT OR AIR CONDITIONING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
5.4. Disclaimer of Advertisement or Sponsored Content
The Services may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted on the Site is accurate and complies with applicable laws. wellb.me is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. wellb.me does not endorse or promote or represent any of the products or services offered and will not be liable for these products or services. The placement of the advertisement or sponsored content, the selection of the advertisement or sponsored content and the tagging of such advertisement or sponsored content, may be done in an automated manner and in no case wellb.me will be responsible or liable for the selection, placement or tagging of an advertisement or sponsored content.
5.5. Disclaimer of Third Parties Services and Resources
wellb.me uses third party materials such as IT infrastructure services, amongst others, in order to provide the Services. Without derogating from any of the aforesaid, You acknowledge and agree that wellb.me is not and shall not be responsible for the availability of any such external third party services or resources, and shall not be liable for any loss or damage which may be incurred by You as a result of the lack of availability of those external third party services or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any products available from such third party services or resources.
These Terms are and shall remain in full force and effect as long as You make any usage of the Services. You may stop using the Services at any time and in Your sole discretion, with no need for justification and with no extra-charge, by contacting wellb.me and requesting to disable Your Account. It is Your responsibility to inform the WP whom You booked an Appointment with regarding such termination and You shall bear any cancellation fees according to the Cancellation Policy.
wellb.me reserves the right to terminate, without prior notice, any User Account or to suspend any or all of the Services in connection to wellb.me all in its full discretion, without Your prior consent, for any reason wellb.me may see fit including violating these Terms. If Your User’s Account is terminated, Your rights to use the Services will cease immediately. Termination is without prejudice to all other remedies available to wellb.me by law or under these Terms.
wellb.me may, from time to time, ask You to provide information regarding Your experience while using the Services, for the purpose of measuring and improving the quality of the Services and the experience of its Users and/or WP. This feedback is very important to wellb.me, and wellb.me will appreciate any such feedback. Any and all information that You voluntarily choose to provide wellb.me as feedback shall be used solely for the purpose of reviewing the feedback and improving wellb.me’s Services.
You hereby irrevocably assign to wellb.me any rights that You may have or acquire in all ideas, inventions and/or improvements (whether patentable or not) conceived or derived or result, directly or indirectly, from any feedback written or oral, that You provide to wellb.me. Such ideas, inventions and/or improvements, shall be owned exclusively by wellb.me, and You shall not have any right in connection therewith, and You irrevocably waive any right You have or may have in the future to receive any payment, royalty or other consideration (of any kind) with respect to such ideas, inventions and/or improvements, including according to Patent Law, if applicable.
8.2. Governing Law and Jurisdiction
Any claim that the User may have in connection with these Terms must first, and before taking any other legal action, be submitted to wellb.me in the form of a complaint (to: email@example.com), to enable the parties to resolve the claim in a friendly and effective manner. If the parties fail to resolve the claim in this manner in a reasonable timetable, or if any other claim or dispute in connection with these Terms arises, it shall be governed by and construed in accordance with the internal laws of the United States and the State of New York governing contracts entered into and to be fully performed in New York (i.e. without regard to conflict of law’s provisions) regardless of Your location.
With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), and with respect to this Agreement and all aspects of the Services You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in New York County, New York, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to, venue and jurisdiction in the state and federal courts located in New York County, New York. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by You related in any way to the Services (including Your visit to or use of the Services) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce this Agreement.
To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), You and wellb.me agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
If You and wellb.me are unable to resolve a Dispute through informal negotiations, either You or wellb.me may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and Your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, wellb.me will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, You and wellb.me may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The arbitration will be held in New York County, New York, and for consumer disputes, the arbitration will be held in the United States county where You live or work, New York County, New York, or any other location we agree to.
You and wellb.me agree that any arbitration shall be limited to the Dispute between wellb.me and You individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
8.3. Exceptions to Informal Negotiations and Arbitration
You and wellb.me agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of Your or wellb.me’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither You nor wellb.me will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within New York County, New York, United States of America, and You and wellb.me agree to submit to the personal jurisdiction of that court.
8.4. Entire Agreement
You may not assign any of Your rights or obligations under these Terms, whether by operation of law or otherwise. wellb.me may assign, at its sole discretion, these Terms or any of its rights and/or obligations under these Terms, to any third party, without giving prior notice and without Your consent. In any event of assignment as aforesaid, all the provisions of these Terms shall apply to the assigned party, mutatis mutandis.
If any provision of this Agreement is held invalid, illegal or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of this Agreement will not be affected thereby.
No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.
Any provision of these Terms that contemplates performance or observance subsequent to termination or expiration of these Terms shall survive termination or expiration of these Terms and continue in full force and effect.
8.9. Electronic Contracting
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain Your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility.
Occasionally there may be information on the Site or Application that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. wellb.me reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact the Site as set forth below or, if any complaint with us is not satisfactorily resolved, and You are a California resident, You can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
info [at] wellb.me