Terms Of Service
DIGITAL GOODS PURCHASE AGREEMENT
The Website www.thehealthandwellnessclinic.com is provided by The Health and Wellness Clinic, LLC. By using this Website or by placing any purchase orders using the Website, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders. Any violation of the terms will result in termination of your account and no refund of money for any remaining term of the subscription. All agreements between The health and Wellness Clinic, LLC and Customer in connection with the contract result in particular from these terms and conditions.
These GTC apply regardless of whether the Purchaser is a consumer, business entity or merchant. These terms and conditions will not be varied for individual customers.
DEFINITIONS
In this Agreement the following words and expressions shall have the following meanings:
“Digital Goods Store” means The health and Wellness Clinic, LLC, registered in the state of Washington, USA: as identified by its Website, www.thehealthandwellnessclinic.com and subdomains.
“Customer” means the person accessing the “Website” to utilise the “Digital Goods Subscription”.
“Website” means the web address:- www.thehealthandwellnessclinic.com or any sub domain of the.healthandwellnessclinic.com at which the “Digital Goods Subscriptions” are made publicly available.
“Digital Goods Subscriptions” means private account access to the “Website” to facilitate:
– the selling of intangible digital products via; the “Website”
– and any other digital goods subscriptions provided by “Digital Goods Store”.
“Digital Goods Subscription Fee” means a fee charged by “Digital Goods Store” for the provision of the “Digital Goods Subscriptions”.
“Downtime” means any Digital Goods Subscriptions interruption in the availability of the “Website”.
“Data” means any information entered by the “Customer” into the “Digital Goods Subscriptions”.
“Virus” means a computer program that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the Customer’s files or creates a nuisance or annoyance to the Customer and includes without limitation computer programs commonly referred to as “worms” or “trojan horses”;
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
ACCOUNT TERMS
By registering with the Website you can access or view the prices, product, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.
YOUR OBLIGATIONS
“Digital Goods Store” has the right to terminate a “Customers” account without notice if a “Customer” is found to be contravening any of the following terms:-
– The “Customer” agrees to not use the “Digital Goods Subscriptions” in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.
– The “Customer” agrees to not upload any harmful file to the “Digital Goods Subscriptions” such as, but not limited to, those that contain “Viruses”.
– The “Customer” agrees to not upload or use the “Digital Goods Subscriptions” to transfer, any Work or other material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent.
– The “Customer” agrees to not upload or use the “Digital Goods Subscriptions” to transfer, any Work or other material or content that is adult in nature. This includes but is not limited to any content containing nudity, or sexually orientated material.
– The “Customer” agrees that they shall be the sole responsible person for their account and as such will not share confidential login details with any other party. If a third party gains access to a “Customers” account the “Customer” is solely responsible for the actions of the third party.
– The “Customer” agrees they have the legal capacity and authority to enter into this agreement.
– The “Customer” agrees to provide truthful and accurate information in the course of creating an account to use the “Digital Goods Subscriptions”.
– The “Customer” agrees they have the legal right to use the data via the “Digital Goods Subscriptions” and that such use does not infringe upon the intellectual property rights of any third party.
OUR OBLIGATIONS
“Digital Goods Store” shall use its reasonable endeavors to make the “Digital Goods Subscriptions” available to the “Customer” and its customers 100% of the time but because the “Digital Goods Subscriptions” is provided by means of computer and telecommunications systems, “Digital Goods Store” makes no warranties or representations that the “Digital Goods Subscriptions” will be uninterrupted or error-free and “Digital Goods Store” shall not, in any event, be liable for interruptions of the “Digital Goods Subscriptions” or “Downtime”.
“Digital Goods Store” carries out data backups for use by “Digital Goods Store” in the event of systems failure. “Digital Goods Store” do not provide data restoration facilities for individual “Customers”. Even though every effort is made to ensure data is backed up correctly “Digital Goods Store” accepts no responsibility for data loss or corruption.
All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, “Digital Goods Store” shall not be liable to the “Customer” or its customers as a result of any “Viruses” introduced or passed on to the “Customer” or its customers.
MODIFICATION OF THESE TERMS & CONDITIONS
The Health and Wellness Clinic, LLC reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of the digital product(s) will imply your full acceptance of the same. You are therefore responsible for regularly reviewing the Terms & Conditions and additional terms or notices posted on the Website.
PAYMENT
You agree to pay the full price for all Products you purchase from the Website. We reserve the right to charge extra charges for your credit card for any products purchased from the Website. You are responsible for the timely payment of all fees and for providing us with a valid credit card for payment of all fees.
TERM AND TERMINATION
This Agreement will become effective on the date the “Digital Goods Subscriptions” is ordered and shall continue until terminated by either party. Either party may terminate this Agreement forthwith if:
– the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
– the other party commits a material breach of this Agreement which cannot be remedied under any circumstances.
On termination all data held in the “Customers” account will be deleted.
ASSIGNMENT
“Digital Goods Store” may assign or otherwise transfer this Agreement at any time.
The “Customer” may not assign or otherwise transfer this Agreement or any part of it without “Digital Goods Store’s” prior written consent.
FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Digital Goods Subscriptions Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or Digital Goods Subscriptions, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
SEVERANCE
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
NOTICES
Any notice to be given by either party to the other may be sent by email. Emails shall unless the contrary is proved be deemed to be received on the day it was sent.
ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
PRIVACY POLICY
To protect your privacy we will not distribute any of your details to third parties, unless required to do so by law.
“Digital Goods Store” is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the “Digital Goods Subscriptions”, then you can be assured that it will only be used in accordance with this privacy statement.
“Digital Goods Store” may change this policy by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
SECURITY
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect and deliver online.
HOW WE USE COOKIES
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, cookies allow web applications to respond to you as an individual. “Digital Goods Store” utilizes cookies for the following purposes:-
– to create a login session for the “Customer”.
– to track items added to the remote and embedded shopping cart.
ELECTRONIC COMMUNICATIONS
When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance 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 transactions you enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications.
COPYRIGHTS AND LICENSES
This Website and the entire contents contained on this Website, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of The Health and Wellness Clinic, LLC. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of The Health and Wellness Clinic, LLC.
LICENSES
The health and Wellness Clinic, LLC grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of The health and Wellness Clinic, LLC. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of The health and Wellness Clinic, LLC.
You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
The health and Wellness Clinic, LLC authorizes you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.
DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. The health and Wellness Clinic, LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, The health and Wellness Clinic, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The health and Wellness Clinic, LLC DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The health and Wellness Clinic, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WEBSITE USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. The health and Wellness Clinic, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, The health and Wellness Clinic SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.
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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THIRD PARTY LINKS
For your convenience The health and Wellness Clinic, LLC may provide, links to third party websites operated by their entities on the Website. If you use such third party sites, you will leave this Website. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The health and Wellness Clinic, LLC does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or Digital Goods Subscriptions described thereon. Any third party links do not imply that The health and Wellness Clinic, LLC sponsors, endorses, is affiliated or associated with any linked third party websites.
APPLICABLE LAW
By visiting the Website, you agree that the laws of the State of Washington, without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and The Health and Wellness Clinic, LLC.
DISPUTES
Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in Snohomish county, Washington. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Website, its members, owners, partners and employees for damages, costs and attorney fees.
REFUND POLICY
Since our products are non-tangible irrevocable, digital goods we do not provide refund once the goods has been purchased.
PRICE CHANGES
Thehealthandwellnessclinic.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a subscription (or any part thereof) with or without notice. We also reserve the right to change our individual product prices at any time without prior notice.
CANCELLATION POLICY
You acknowledge that if “Customer” cancels any subscriptions to a Digital Goods Delivery service that You may not be entitled to a refund of all or part of amounts already paid by “Customer” for such Digital Goods Delivery subscription. “Customer” agrees that (a) Digital Goods Delivery’s cancellation policy will be posted on the Digital Goods Delivery Web site and may be changed from time to time by Digital Goods Delivery in its sole discretion and (b) the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to “Customer.”
Contact Information
THE HEALTH AND WELLNESS CLINIC welcomes your questions or comments regarding this Statement of terms of service. If you believe that THE HEALTH AND WELLNESS CLINIC has not adhered to this Statement, please contact THE HEALTH AND WELLNESS CLINIC at: