These Terms of Service were last updated on 11.03.2021.
We at Vitawell always strive to offer you effective, beneficial and smooth Services and to assist you swiftly and unbureaucratically where we can. If you are unclear about any of our following Terms of Service, please do not hesitate to contact us.
1. Overview
This website and the services we provide are operated by Vitawell. Throughout the site, the terms “we”, “us”, “our”, “Service” and “Services” refer to Vitawell. Vitawell (“Service”, “Services”) offers this website, including all information, tools and services available from or via this site (and any other related communication channel such as chats, social media and messengers) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and in our Privacy Policy.
By visiting our site and/or purchasing or registering for a service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. By using our Service, you are agreeing to enter into a legally binding contract with Vitawell. If you wish to terminate this contract, you can do so at any time by closing your account and no longer accessing or using our Services.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service and you agree to enter into a legally binding contract with Vitawell. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. In addition, we will inform you of any changes before they come into effect, where possible. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2. The Services we Provide
Vitawell (“Service”) provides services related to holistic health. All of our services are designed to optimally and effectively assist you in making healthy choices for your health wellbeing.
Vitawell provides four types/categories of services:
- Online Courses
- Webinars
- Consultations
- (Residential) Retreats
Online Courses
We offer a variety of holistic health and wellbeing related online courses. We offer the following ways to access and use our courses:
30 Day or Lifetime access to single courses without a specific start date
When registering for and purchasing a single course without a specific start date, you gain either 30 day or lifetime access to all course materials, depending on your chosen access plan.
Lifetime access refers to the lifetime of the service, not the user/customer. When you purchase a course with lifetime access, you will have unlimited and perpetual access to the course. However, in rare cases we might have to suspend or terminate a course or course access. We guarantee you that you will have course access for a minimum of one year after your purchase. If, for any reason, we have to suspend or terminate the service earlier, we will refund you 100% of your purchase price. In addition, if we have to suspend or terminate the service after one year, but within three years after your purchase, we will refund you 50% of your purchase price.
30 Day or Lifetime access to Community Courses with a specific start date
When registering for and purchasing a Community Course with a specific start date, you gain either 30 day or lifetime access to all related course materials provided on our website, depending on your chosen access plan. However, you can only make use of the additional community features and the free private consultation offered in the Community Course package once.
Lifetime access refers to the lifetime of the service, not the user/customer. When you purchase a course with lifetime access, you will have unlimited and perpetual access to the course. However, in rare cases we might have to suspend or terminate a course or course access. We guarantee you that you will have course access for a minimum of one year after your purchase. If, for any reason, we have to suspend or terminate the service earlier, we will refund you 100% of your purchase price. In addition, if we have to suspend or terminate the service after one year, but within three years after your purchase, we will refund you 50% of your purchase price.
Community Course Features Add On
The Community Course Features Add On gives you access to the Community Features of a chosen course. The Add On can be used if you have already purchased either 30 day or lifetime access to the basic course you wish to add the Community Features to. This Add On can only be used once. You need to inform us at least three days before your chosen Community Course begins via email about your intention to participate.
Webinars
We offer a variety of free holistic health webinars. In addition, we offer webinar recordings for purchase. When you purchase a webinar through our website, you can download it up to three times within 14 days to your device(s) and keep your copy indefinitely. You are not allowed to make copies of, share or distribute any of the webinars downloaded from our website.
Consultations
Vitawell also offers private and personal holistic health related consultations that can be booked via our website. Depending on the type of consultation you book, this service may include different sub-services such as a health survey or a wellbeing report. All of our consultations include a personal video or phone call with you for the period of time you specified when making a booking.
Retreats
We also offer residential retreats. These retreats are held at specific dates and times in various locations worldwide. To make a reservation for one of our retreats, we require a 50% deposit payment of the full price and the other 50% to be paid up until the beginning of the retreat.
Once you have paid the full price for the retreat, you are entitled to participate in the retreat, access and use all retreat materials provided indefinitely, and to receive the services that are listed on the specific retreat page on our website.
Exceptions of this are minor adjustments that might need to be made in the program or services being offered during the retreat. This includes, but is not limited to, changes in the availability of certain kinds of food, transportation, specific kinds of accommodation, or changes in the kind of activities being offered.
3. General Conditions
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our Services or products for any illegal or unauthorized purpose nor may you, in the use of any of our Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not upload or transmit any worms or viruses or any code of a destructive or harmful nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may in exceptional cases be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and other sensitive information are always securely encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service we provide, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by Vitawell.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
4. Your Account
You need your own Vitawell account to use certain Services, and you may be required to be logged in to the account, for example when you are taking a course. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Vitawell reserves the right to refuse Service, terminate accounts, terminate your rights to use Vitawell Services, remove or edit content, or cancel orders in its sole discretion.
5. Accuracy, Completeness and Timeliness of Information
We do our best to provide you with accurate and reliable information. However, we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Our courses and information on this website are designed to assist you in your health and wellbeing in the best way we can. However, we cannot make any explicit or implicit claims that guarantee that your health will improve by using the information we provide. It is always advisable to seek further assistance from healthcare professionals, particularly if you are dealing with more severe health conditions. If you are uncertain about any advice or information we provide, please contact us to seek clarification and contact a professional healthcare provider of your choice.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
6. Notices, Messages & Communication with You
When using our Service, you agree that we provide notices and messages to you through our website, our social media accounts, and via email. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) on our website and within our Service, (2) via social media, chat and other communication channels used by us and (3) email.
In addition, you can sign up for our newsletter to receive marketing communication from us. We will also add you to our newsletter when you check out from our store and order a Service. You can stop receiving newsletter & marketing communication at any time by cancelling your subscription, either by following the unsubscribe link in your email or by visiting your Account page.
7. Sharing
When you share information on our Services (e.g. reviews), others can see, copy and use that information.
We are not obligated to publish any information or content on our Service and can remove it with or without notice.
Our Services allow messaging and sharing of information in many ways. You may not share any information we provide via our Service that is subject to a registration, charge, fee or purchase price.
8. Modifications to the Service and Prices
Prices for our Services and products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. However, we will be honouring our commitments (such as lifetime access and refunds) laid out in our Terms of Service. Any money paid for unused or not fully provided services will be refunded in case we cannot provide them. Beyond this, we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
9. Payments, Purchases, Products and Services
Certain products or Services may be available online exclusively through our website. These products or services may have limited quantities and are subject to return, change or cancellation only according to our returns, cancellations and refunds policy (see next section below).
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service can be corrected.
When you are placing an order on our website, you agree to not use any fraudulent, stolen or misleading information and payment details.
Your purchase is finished once we have received your payment. In exceptional cases payments are not immediately finalized and you may not have instant access to your ordered Service.
Payment Gateway
All of the payments made to us via our website are securely processed via PayPal. We neither have access to nor store any of your payment details on our website or database.
Buyer’s Protection
Any purchase you make on our website is processed via PayPal and in most cases automatically covered by PayPal’s Buyer’s Protection. For further details, click here: https://www.paypal.com/us/webapps/mpp/paypal-safety-and-security
10. Returns and Cancellations
All of our services are bound to the following terms for returns, cancellations and refunds. In specific, the following terms and conditions apply for the following service categories:
Courses (without a specific start date):
You can cancel any purchase of a course without a specific start date within 24 hours after you have placed the order. To make sure the course is suitable for you before you purchase it, please read the course details and watch the sample video for the course. Please contact us if you have any questions.
Community Courses (with a specific start date):
You can cancel any purchase of a Community Course with a specific start date within 24 hours after you have placed the order, provided that the course has not yet started. Once the course has started, we do not offer a refund.
Community Course Features Add On:
You can return your Community Course Features Add On within 15 days after purchase, provided you have not yet registered for or participated in a Community Course. After registration, no refunds are offered.
Webinars:
Our webinars are free. After the webinar has ended, you can purchase it for download. You can cancel the order of any webinar within 15 days after you have placed it, provided that you have not yet downloaded the webinar. Once you have downloaded it, we do not offer a refund.
Consultations:
For private online consultations, we offer the following cancellation and refund options:
- You can reschedule your consultation up to 2 hours before the appointment time for free.
- You can cancel any booked appointment up to 24 hours in advance in order to be eligible for a full refund.
- If you cancel your booking up to 2 hours in advance, you are eligible for a 75% refund.
- If you don’t cancel your booked appointment up to 2 hours in advance, you will be eligible for a 50% refund.
- You can reschedule or cancel your appointment under “My Consultations” in your profile page up to 2 hours before the appointment. If you need to cancel less than 2 hours in advance, please contact us.
Retreats:
When you register for one of our Residential Retreats, you need to provide a 50% deposit to secure your place in the event. The remaining 50% of the price for the retreat are due to up until the event begins and can be paid in person, if desired. Once you have registered and booked a Residential Retreat with us, you have the following cancellation options:
- If you cancel your booking between 60 and 20 days before the event, we will refund you 75% of the total retreat price (50% of the deposit you have already paid).
- If you cancel your reservation less than 20 days before the event starts, we offer 50% refund of the total price for the event (we will keep the deposit you have already paid).
- If there are urgent and important matters holding you back from participating, please contact us. We will do our best to find a solution.
Vitawell Gift Cards:
Gift Cards purchased from us cannot be returned or refunded.
Physical Products:
Physical products that are shipped to you can be returned within 15 days after your purchase. Simply return the item(s) to us with a copy of your invoice within 15 days.
To be eligible for a return, your item must be unused and in the same condition as you received it. It must be in the original and unopened packaging. Your item needs to have the receipt or proof of purchase.
Refunds
Courses, Webinars, Consultations and Retreats:
Once we receive your request for cancellation and refund, we will process your request and check whether you are eligible for a refund and determine the amount.
If your request is approved, we will initiate a refund to your original method of payment via PayPal. Please note that all payments and refunds are securely processed for us by PayPal. Usually your refund is received within a few days. For further details, you can find PayPal’s information on refunds here.
Physical Products:
Once we receive the returned item(s), we will inspect it and notify you that we have received your returned item.
If your return is approved, we will initiate a refund to you via PayPal.
You will be responsible for paying for your own shipping costs for returning your item(s). Shipping costs we incurred when sending the item(s) to you are non-refundable. We will deduct the shipping costs from your refund.
Misuse of our Refund Policy
If we have reasonable grounds to believe that you are trying to misuse our refund policy, for example if you have already done a significant amount of a course and then try to get a refund for it, we reserve the right to reject your request for refund, to block you from using our Services, and/or to delete your Account. In these cases, you will not be eligible for any refund.
11. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment information so that we can complete your transactions and contact you as needed.
12. Optional Tools
We may provide you with access to third-party tools which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools as “is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
13. Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
14. User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, reviews, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. This excludes any information provided by you related to your person, including health and medical condition, which will be held private and confidential. We will keep any personal information anonymous so that you cannot be personally identified, unless we have written permission from you to do so. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments, except where we are required to do so by law.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
15. Personal Information & Data
Your submission of personal information and data through our website and all of our Services or tools (including forms, email, Facebook, webchat, etc.) is governed by our Privacy Policy.
16. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, tool or communication channel including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
17. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, 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, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights or to violate the intellectual property or other rights of Vitawell, including, without limitation, (i) copying, publicly displaying, sharing or distributing our course learning videos or PDF’s or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (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 of the Service or of 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; (k) to interfere with or circumvent the security or access control features of the Service or any related website, other websites, or the Internet; (l) to copy, use, disclose or distribute any information obtained from our Services, whether directly or through third parties (such as search engines), without the written consent of Vitawell; (m) to disclose information that you do not have the consent to disclose (such as confidential information of others; (n) to use bots or other automated methods to access the Services, add or download contacts, send or redirect messages; (o) to monitor the Services’ availability, performance or functionality for any competitive purpose; (p) to engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; or (q) to interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
We reserve the right to terminate your use of the Service or any related website, tool or communication channel for violating any of the prohibited uses.
18. Disclaimer of Warranties and Limitation of Liability
Vitawell is committed to keeping this website up to date and accurate. Should you nevertheless encounter anything that is incorrect or out of date, we would appreciate it if you could let us know. Please indicate where on the website you read the information. We will then look at this as soon as possible. Please send your response by email to: [email protected].
We cannot and do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We are not liable for loss or degradation of health as a result of inaccuracies or incompleteness, nor for loss or degradation of health resulting from problems caused by or inherent to the dissemination of information through the internet, such as disruptions or interruptions. When using web forms, we strive to limit the number of required fields to a minimum. For any loss or degradation of health suffered as a result of the use of data, advice or ideas provided by or on behalf of Vitawell via this website or other communication channels such as social media and messaging apps, Vitawell accepts no liability.
In particular, we are not liable for any loss or damage suffered (including but not limited to any physical, psychological or financial loss or damage) as a result of using our Services, including consultations, courses, webinars, retreats and the vitawell.me website in general. All information is provided based on thorough professional training and expertise as well as years of practical experience and is thoroughly checked. However, we cannot warrant that the information and results that may be obtained from the use of our website and services will always be accurate or reliable. Information can change, be misunderstood, vague or inaccurate, applied out of context, etc., and hence we cannot be held liable or responsible for any loss, ill health or damage resulting from such information. It is at the client’s/user’s sole discretion and responsibility to process and apply information they received via our Service. Over this Vitawell has no control and hence cannot be held liable or responsible.
No statement on the website or in our services is intended to suggest that you should not seek professional medical care, nor that you should disregard professional medical advice. Vitawell offers complementary health and holistic lifestyle information and advice. The provided information is not to be understood as medical advice, or as a claim to diagnose, treat or cure any disease or medical condition or prescribe medication. It can be used to complement, but not to replace, the advice of your chosen physician or other trained healthcare practitioner.
The information given is not intended to directly or indirectly prescribe the use of any supplements and remedies without consent of your healthcare practitioner or doctor. Do not make any adjustments to prescribed medication without their approval. We do not handle medical emergencies of any kind and refer you as such to make an emergency call or go to the emergency room of your local hospital.
If you know or suspect you have a medical condition, physical symptoms or feel unwell, we encourage you to seek your physician’s and medical/health practitioner’s advice before using any of our Services.
All efforts have been made to assure the accuracy of the provided information as of the date of publication. Vitawelll does not accept any responsibility for your health, how you choose to use the information contained in the Services or your medical outcomes resulting from applying the information and methods suggested. You are acknowledging that you are participating voluntarily in using our Services. You alone are solely and personally responsible for the results and understand that results differ by each individual. We cannot and do not guarantee that you will attain a particular result. The benefits will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, level of commitment and further professional support.
Responses to this disclaimer and privacy inquiries submitted to us will be responded to within a period of two weeks at the latest. In the case of complex requests, we will let you know within two weeks if we need longer, up to a maximum of 3 months.
Any personal data you provide us within the context of your response or request for information will only be used in accordance with our Privacy Policy.
Vitawell shall make every reasonable effort to protect its systems and data against any form of unlawful access and use. Vitawell shall implement appropriate technical and organisational measures to this end. Vitawell shall not be liable for any loss whatsoever, direct and/or indirect, suffered by a user of the website, which arises as a result of the unlawful use of its systems by a third party.
Vitawell accepts no responsibility for the content of websites to which or from which a hyperlink or other reference is made. Products or services offered by third parties shall be subject to the applicable terms and conditions of those third parties.
All intellectual property rights to content on this website are vested in Vitawell or in third parties who have placed the content themselves or from whom Vitawell has obtained a user licence.
Copying, disseminating and any other use of these materials is not permitted without the written permission of Vitawell, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote), unless specific content dictates otherwise.
You agree that from time to time we may have to suspend or remove our Services for indefinite periods of time or cancel Services at any time. In this event, we will partially or fully refund any payments you already made without receiving the full service that you purchased.
You expressly agree that your use of, or inability to use, our Services is at your sole risk. Our website and all products and services delivered to you through our website and any other communication channel (including social media, email, phone or chats and messengers) are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Vitawell, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, degradation of health or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products or services procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
If you have any questions or problems with the accessibility of the website or our services, please do not hesitate to contact us.
19. Indemnification
You agree to indemnify, defend and hold harmless Vitawell and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
20. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
21. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
We can each end this contractual agreement, but some rights and obligations survive.
Both you and Vitawell may terminate this contractual agreement at any time with notice to the other. On termination, you lose the right to access or use our Service. The following shall survive termination:
- Our rights to use and disclose your feedback and comments as stipulated in our Privacy Policy;
- Members and/or Visitors’ rights to further re-share content and information you shared through our Service;
- Sections 4, 6, 7, and 8 of these Terms of Service;
- Any amounts owed by either party prior to termination remain owed after termination.
22. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to our Service constitutes the entire agreement and understanding between you and us and govern your use of our Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
23. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
24. Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. In addition, we will inform you of upcoming changes to our Terms of Service in advance, where possible. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
25. Contact Information
Questions about the Terms of Service are best sent to us at [email protected].
Vitawell
12B Brennan Place
Hillcrest
Hamilton
3216
Aotearoa/New Zealand