Wellinda™ Terms & Conditions
Last Updated: January 30, 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
The policies below are applicable to the Wellinda™ network of websites, including the website located at wellinda.health (including any versions optimized for viewing on a wireless or tablet device); all e-mail newsletters published or distributed by; and all other interactive features and communications provided by Wellinda, SIA (a Latvian Limited Liability Company with Legal Address of Liepāja, Rietumkrastaiela 2 - 9, LV-3416) ("Wellinda"), and its corporate affiliates, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Wellinda (collectively "Wellinda" or "we", "us", or "our") ("Web Site").
YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
1. Products, Content and Specifications.
All features, content, specifications, products and prices of products and services described or depicted on this Web site, wellinda.health (this "Web Site"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Wellinda and its service suppliers which operate this Web Site pursuant to agreements with Wellinda, make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
2. Ordering, Shipping and Returns.
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. You may return or exchange a product or service purchased from this Web Site in accordance with our Return and Exchange Policy found [here]. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law.
3. Accuracy of Information.
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
4. Fees.
For all charges or deposits for any events, products and/or services ordered by you on or through the Web Site, Wellinda or its vendors or agents will bill your bank card or alternative payment method offered by Wellinda and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Wellinda and its vendors or agents for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Web Site. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.
5. Account Registration and Security.
You understand that you may need to create an account to place orders and to have access to all of the parts of the Web Site. In order to use those restricted portions of the Web Site, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Web Site's registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Wellinda has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wellinda has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your username and password with any third party or permit any third party to log on to the Web Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Web Site. We have the right to provide user billing, account, content, purchase or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
6. Use of this Web Site.
The design of this Web Site and all text, graphics, images, video, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The content, software and other technology components of this Web Site are copyrighted by Wellinda or its respective affiliates or suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You will not remove any copyright, trademark or other proprietary notices from material found on the Web Site.
7. Non-Permitted Usage.
As a user of our Website, you agree to use our Website legally, not to use our Website for illegal purposes, and not to violate the rights of other users of our Website, violate the intellectual property rights of the Website owners or any third party to the Website, hack into the account of another user of the Website or act in any way that could be considered illegal or fraudulent. If we believe you are using our Website illegally or in a manner that violates these Terms of Service, we reserve the right to limit, suspend or terminate your access to our Website. We also reserve the right to take any legal steps necessary to prevent you from accessing our Website.
8. Purchases and Payments.
- You can pay for purchases through PayPal, Credit Card (Mastercard, Amex, Visa, Discover) or any other payment method(s) designated by Wellinda. By using our services and making payments, you acknowledge and agree that payment processing may occur in the United States or other countries through third party intermediary entities. Payments processed by our United States Payment Processor may appear as “Reverse Health” or “Reverse Group, Inc.” on statements from your financial institution. The specific location of payment processing may vary based on a number of factors including, but not limited to, the payment method used and the location of the payment processor. If you have any questions or concerns about our payment processing practices or the security of your information, please contact us as indicated in our Privacy Policy.
- By using the Platform or engaging in any transactions with Wellinda, you acknowledge and agree that your business relationship is exclusively with Wellinda. Any legal disputes, claims, or issues arising from our products or services shall be solely between you and Wellinda. This includes disputes related to billing, payments, or any other aspect of our products or services. You further understand and agree that any payment processors utilized by Wellinda for processing payments from United States customers, such as 'Reverse Group, Inc.', are strictly intermediaries for payment processing purposes and are not parties to any disputes or legal matters pertaining to the services provided by Wellinda.
- We will not be liable for any direct or indirect losses you suffer because of your use of third-party gateways for payment.
- If we believe your payment has violated any law or the Terms of Service, we reserve the right to cancel or reverse your transaction.
- Before placing your order, please check all your information and purchase details. It is your responsibility to check all your information and purchase details before placing an order. You will have the opportunity to review and edit your information and purchase details at any time before you enter your credit card details and make the payment.
- After you place an order through our Platform, you will receive a confirmation e-mail, SMS or “Magic Link'' allowing you access to the Program. This communication constitutes the Company’s acceptance of your order. Please check the confirmation e-mail and inform us if any of the information in the confirmation e-mail is incorrect.
- Upon our being notified of an error with respect to pricing, we will take appropriate steps to correct the error.
- We reserve the right to refuse any order placed through the Platform at our sole discretion.
9. Trademarks.
Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Wellinda and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Wellinda or such other owner.
10. Linking to this Web Site.
Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply with all applicable laws, rules and regulations.
11. Third Party Links.
From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by Wellinda or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
12. Inappropriate Material.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
13. User Content.
Other than personally identifiable information, which is subject to this Web Site's Privacy Statement, any material, information, videos, pictures, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews or other communications, photos, videos, or other content you transmit or post to this Web Site in any manner or publish through any social media account (e.g., Twitter, Instagram, Pinterest, Facebook) to Wellinda or that you allow Wellinda to feature, including your name (as identified in your social publications), social media handle, accompanying text, photos and images ("User Content") is and will be considered non-confidential and non-proprietary. Personally identifiable information that you voluntarily post on any part of this Web Site or on social media that is viewable by the public (e.g., in the Customer Reviews section) is not subject to this Web Site's Privacy Statement and is considered User Content. Further, we are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. We and our respective affiliates and our or their designees may use any or all User Content for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, advertising, promotion and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Content. We will have no obligation to use, return, review, or respond to any User Content. We will have no liability related to the User Content submitted by you, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Content that includes any material we deem inappropriate or unacceptable. You agree that that all User Content submitted by you is truthful, that it will not violate or facilitate the violation of any law or regulation, that you have obtained the consent of anyone (other than yourself) appearing in any User Content, that any User Content submitted by you will not contain, or provide links to, obscene, profane, or threatening language or imagery, malware, political campaigning, commercial solicitation, chain letters, mass mailings, “spam”, or any other material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading, and that such User Content will not infringe on or violate the rights of any person or entity, including copyright, trademark, patent, privacy or publicity rights. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Content, whether solicited or unsolicited, you agree that you are granting us and our respective affiliates and our or their designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, copy, modify, adapt, translate, create derivative works from, sell, distribute and otherwise use such User Content for any purpose, including, without limitation, advertising and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated, without any compensation to you. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
14. DISCLAIMERS.
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WELLINDA NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WELLINDA NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST WELLINDA, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE ARISING OUT OF, OR IN CONJUNCTION WITH YOUR USE OF THE WEB SITE.
15. LIMITATIONS OF LIABILITY.
Neither Wellinda, nor its affiliates or suppliers, assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site.
IN NO EVENT WILL WELLINDA, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
16. Dispute Resolution.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND WELLINDA HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Wellinda agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
The parties shall exercise their best efforts to resolve by negotiation all disputes, controversies, or differences between them. In the absence of an explicit written agreement to the contrary, all disputes between the parties, or any principal, executive, affiliate or agent of the parties, whether based in contract, tort, statute, or any other basis for legal liability, shall be resolved as follows:
- In the event that the parties are not able to resolve by negotiation their disputes, controversies or differences, the aggrieved party shall provide written notice to the other party (“Receiving party”) of its intent to initiate arbitration as provided for herein. Said notice, hereinafter referred to as a “Notice of Intent to Commence Arbitration” shall include a) a brief description of the aggrieved party’s claim or dispute and, if applicable b) a specified claim for money damages.
- Absent an express, written direction to the contrary by the receiving party, said notice(s) to the Company shall be forwarded to care@wellinda.health and said notice(s) to the User shall be forwarded to the email address provided by the User to the Company.
- The Receiving Party shall, within fifteen (15) days of their receipt of a Notice of Intent to Commence Arbitration, respond to the aggrieved party. Said response shall include either a) an acceptance of the aggrieved party’s demand OR a counterproposal for resolution of the dispute.
- In the event that the Receiving Party does not agree to the Aggrieved Party’s demand, or fails to respond to the Aggrieved Party’s Notice of Intent to Commence Arbitration within fifteen (15) days of their receipt of same, the aggrieved party may submit their claim for adjudication by the American Arbitration Association (“AAA”) as follows:
- This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware. Notwithstanding the foregoing, the parties hereby expressly agree that, to the fullest extent permitted by applicable law, any claim(s) between the parties, or any principal, executive, affiliate or agent of the parties, whether based in contract, tort, statute, or any other basis for legal liability, shall be deemed time-barred if not brought within one (1) year of the accrual of the applicable cause of action.
- USER, COMPANY AND AFFILIATES HEREBY WAIVE, WITH RESPECT TO ANY DISPUTE: (I) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; AND (II) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. The foregoing waiver is referred to herein as the “class action waiver”. The Company, its affiliates and User further agree that no arbitrator shall have authority to conduct any arbitration in violation of the class action waiver or to issue any relief that applies to any person or entity other than the User and/or the Company and its Affiliates. The parties acknowledge that this class action waiver is material and essential to the arbitration of any claims and is non-severable from this Dispute Resolution section. If the class action waiver is voided, found unenforceable, or limited with respect to any claim for which the User seeks class-wide relief, then this Dispute Resolution section shall be null and void with respect to such claim, subject to the right to appeal the limitation or invalidation of the class action waiver. However, the Dispute Resolution section shall remain valid with respect to all other claims and Disputes. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.
- If and to the extent applicable, the claim shall be subject to the Consumer Rules and Procedures of the AAA (adr.org/consumer).
- Pursuant to the AAA Consumer Rules (R-9), if a party’s claim is within the jurisdiction of a small claims court, either party may choose to take the claim to that court instead of arbitration.
- Absent a finding of potential prejudice by the arbitral tribunal, the matter shall be adjudicated by way of a desk decision and/or remote appearances. In the event that in-person hearings are required, the locale determination will be made after considering the positions of the parties, the circumstances of the parties and the dispute, and the Consumer Due Process Protocol.
- The arbitral award shall be final and binding upon both parties.
- All aspects of the arbitration shall be confidential, and the parties and the arbitrator shall not disclose to others, or permit disclosure of, any information related to the proceedings, including but not limited to discovery, testimony and other evidence, briefs and the award.
- Absent a finding that a party's breach of this Agreement was willful or a result of gross negligence, the arbitrator shall not award attorney’s fees, indirect, special, consequential, incidental or exemplary damages.
- Notwithstanding the forgoing, the Arbitrator shall award attorney’s fees and costs against a party found to have brought any claim (or counterclaim) that is found to be frivolous or wholly without merit.
- Also notwithstanding the forgoing, the arbitrator shall award attorney’s fees, filing fees, costs and actual damages a) incurred by a party required to answer or litigate a claim within an alternate court or tribunal where it is ultimately determined that such claim(s) come within this scope of this arbitration provision OR b) where the filing party failed to comply with their obligation to provide a timely Notice of Intent to Commence Arbitration as outlined herein.
17. Termination.
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
18. Health Related Information.
The information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with Wellinda) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
19. Indemnity.
You agree to indemnify and hold Wellinda and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Web Site, your connection to our Web Site, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
20. Domestic Use; Export Restriction.
We control the Web Site from our offices within the United States of America. We make no representation that the Web Site or its content (including, without limitation, any products or services available on or through the Web Site) are appropriate or available for use in other locations. Users who access the Web Site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Web Site may be downloaded in violation of United States law.
21. Access and Interference.
You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
22. General.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. Money Back Guarantee Return Policy.
a) Order Fulfillment and Shipping
Please keep in mind that our Customer Care Team operates on weekdays during normal business hours, excluding major US holidays. If you attempt to contact our team outside of normal business hours, we may not be able to cancel your shipment. If we cannot cancel your order in time, you will be responsible for sending the order back to us. Please read about our Wellinda™ 30-Day Money-Back Guarantee Refund Policy and follow the instructions below.
c) Wellinda ™ 30-Day Money-Back Guarantee Refund Policy
We want you to be fully satisfied with every item that you purchase from the Wellinda™ Store. If you are not satisfied with an item that you have
purchased, you may, subject to the below conditions and exclusions, return the item within 30 days from the order date for a full refund of the purchase price (excluding shipping and handling charges). Please note that you are responsible for costs incurred in returning your product and proof of purchase unless you receive a product that arrived damaged or defective.
Single Item Return(s): The item must be returned, unused or used, in good
condition, in original boxes (whenever possible), and with all paperwork and accessories to ensure full credit.
Bundled Items Return(s): When a purchase includes multiple units of the same product, only one (1) opened item of the same product will be accepted for return. All other like items in the bundle must be returned, unopened and unused, in good condition, in original boxes (whenever possible), and with all paperwork and accessories to ensure full credit.
Return Confirmations: To have your refund confirmed, please contact us first at care@wellinda.health and include the following:
- Shipment number and date of delivery
- Issue at hand
- Photographs of the product if it was received in damaged or defective condition.
We will respond as soon as possible with instructions.
Final Sale and Clearance Items: Unfortunately, final sale and clearance items cannot be refunded.
***We reserve the right to modify or forfeit the Wellinda™ 30-Day Money- Back Guarantee Refund Guarantee if we suspect abuse of our offer.***
24. Additional Assistance.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to email us at care@wellinda.health.
25. Communications.
You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
By your utilization of the platform, you expressly acknowledge that you, Wellinda and its affiliates have an established business relationship that shall be deemed to exist for a period of not less than 5 years from the date of your most recent use of the Web Site.
Your utilization of the Web Site constitutes your express consent to your receipt of electronic communications, including, without limitation, communications utilizing automatic dialing or texting services, from Wellinda and its affiliates. In the absence of your written revocation , this consent shall remain in full force and effect indefinitely.
26. Entire Agreement.
These Terms and Conditions, and any other documents and policies referenced herein, constitute the complete and exclusive understanding between Wellinda and you relating to the subject matter hereof and supersedes any prior versions of these Terms and Conditions as well as all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
27. Revisions to these Terms and Conditions.
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you.