TERMS OF USE
Last updated September 11,
2026
These
Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity
(“you”) and Well Adapt Global Ltd (“Company“, “we”, “us”, or
“our”), concerning your access to and use of the http://www.well-adapt.com website as well as any other media form, media channel,
mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the
“Site”).
We are registered in
England and have our registered
office at 128 City Road, London EC1V 2NX.
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF
YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms
of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of
Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and
will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your
continued use of the Site after the date such revised Terms of Use are posted.
The
information provided on the Site is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject
us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to
access the Site from other locations do so on their own initiative and are solely responsible for compliance with
local laws, if and to the extent local laws are applicable.
The Site is not tailored
to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA),
Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
The
Site
is intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or
register for the Site.
2.
INTELLECTUAL PROPERTY RIGHTS
Unless
otherwise
indicated, the Site is our proprietary property and all source code, databases,
functionality,
software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the
“Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled
by us or
licensed to us, and are protected by copyright and trademark laws and various
other intellectual
property rights and unfair competition laws of the United
States, international copyright laws, and international
conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use
only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be
copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated,
transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without
our express prior written
permission.
Provided
that you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to
download or print a copy of any portion of the Content to
which you have properly gained access solely for your
personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the Content
and the Marks.
By
using the Site, you represent and warrant that: (1) all
registration information you submit
will be true, accurate, current, and complete; (2) you will
maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms of
Use; (4) you are not
a
minor in the jurisdiction in which you reside; (5) you will
not access the Site
through automated or non-human means, whether through a bot, script or
otherwise;
(6)
you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of
the Site
will not violate any applicable law or regulation.
If you provide any information that is
untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the
Site. You agree to keep your password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our
sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
All
products are subject to availability. We reserve the right to
discontinue any products at any time for any
reason. Prices for all products
are subject to change.
We
accept the following forms of payment:
-
Visa
-
Mastercard
-
Discover
-
American Express
You
agree to provide current, complete, and accurate purchase and account information for all purchases made via the
Site. You further agree to promptly update account and payment information, including email address, payment method,
and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax
will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments
shall be in Great
British Pounds.
You
agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you
authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the
right to correct
any errors or mistakes in pricing, even if we have already requested or
received
payment.
We
reserve the
right to refuse any order placed through the Site. 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 payment method, and/or orders
that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by
dealers, resellers, or distributors.
All sales are final and no refund will be
issued.
You may not access or use the Site for any
purpose other than that for which we make the Site available. The Site may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree
not to:
- Systematically
retrieve data or other content from the Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from
us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Site and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Site.
- Use
any information obtained from the Site in order to harass, abuse, or harm another
person.
- Make
improper use of our support services or submit false reports of abuse or
misconduct.
- Use
the Site in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized framing of or linking to the
Site.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party's uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the
Site.
- Engage
in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of another
user.
- Upload
or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web
bugs, cookies, or other similar devices (sometimes referred to as “spyware” or
“passive collection mechanisms” or “pcms”).
- Interfere
with, disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in providing
any portion of the Site to you.
- Attempt
to bypass any measures of the Site designed to prevent or restrict access to the
Site, or any portion of the Site.
- Copy
or adapt the Site's software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Site.
- Except
as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation,
any spider, robot, cheat utility, scraper, or offline reader that accesses the Site,
or using or launching any unauthorized script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Site.
- Make
any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false
pretenses.
- Use
the Site as part of any effort to compete with us or otherwise use the Site and/or
the Content for any revenue-generating endeavor or commercial
enterprise.
9.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to
submit or post content. We may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site,
including but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through third-party websites. As such,
any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you
create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to
use your Contributions in any manner contemplated by the Site and these Terms of
Use.
- You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and use of your Contributions in any manner
contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or
misleading.
- Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a specific person or class of
people.
- Your Contributions do not violate any applicable law, regulation, or
rule.
- Your Contributions do not violate the privacy or publicity rights of any
third party.
- Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of minors;
- Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
- Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site or the Marketplace
Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things,
termination or suspension of your rights to use the Site and the Marketplace Offerings.
You and Site agree that we may access, store,
process, and use any information and personal data that you provide following the terms of the Privacy Policy
and your choices (including settings).
By submitting suggestions or other feedback
regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to
you.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site. You are solely responsible for
your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
11.
SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”)
provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to
any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to
submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
12.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site
or the Marketplace Offerings) links to other websites (“Third-Party
Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating from third parties (“Third-Party
Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the
Site or any Third-Party Content posted on, available through, or installed
from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-PartyContent does not imply approval or endorsement thereof by us. If
you decide to leave the Site and access the Third-Party Websites or to use or
install any Third-Party Content, you do so at your own risk, and you should
be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and
data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or
install from the Site. Any purchases you make through Third-Party Websites
will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not
endorse the products or services offered on Third-Party Websites and you
shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold
us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
13.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace
Offerings.
14.
PRIVACY POLICY
We care about data privacy and security. Please
review our Privacy Policy: http://www.well-adapt.com/privacy-policy/. By using the Site or
the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
Please be advised the Site and the Marketplace Offerings are hosted in the United Kingdom. If you access the Site or the
Marketplace Offerings from any other region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your
continued use of the Site, you are transferring your data to the United Kingdom, and you expressly
consent to have your data transferred to and processed in the United Kingdom.
15.
TERM AND TERMINATION
These Terms of Use shall remain in full force and
effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN
OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any
reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the
name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
16.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation
to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace
Offerings without notice at any time. We will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace
Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site
or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the
Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
17.
GOVERNING LAW
These conditions are governed by and interpreted
following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you
additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Well
Adapt Global Ltd and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Greater London,
which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in
the United Kingdom, or in the EU country in
which you reside.
18.
DISPUTE RESOLUTION
Informal
Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to
these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a
“Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those
Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding
Arbitration
Any dispute arising from the
relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance
with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of
Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and
of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The
language of the proceedings shall be British English. Applicable rules of substantive law shall be the law of the United
Kingdom.
Restrictions
The Parties agree that any
arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated
on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal
Negotiations and Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree
to submit to the personal jurisdiction of that court.
19.
CORRECTIONS
There may be information on the
Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
20.
DISCLAIMER
THE
SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR
COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY
OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS
IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE
A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $50.00 USD. CERTAIN US STATE LAWS
AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
22.
INDEMNIFICATION
You
agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our
respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including
reasonable attorneys' fees and expenses, made by any third party due to or
arising out of: (1) use of the Site; (2) breach of
these Terms of Use; (3) any breach of your representations and warranties set
forth in these Terms of Use; (4) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (5) any
overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing,
we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
23.
USER DATA
We
will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site,
as well as data relating to your use of the Site. Although we perform regular routine backups
of data, you are solely
responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You
agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any
right of action against us arising from any such
loss or corruption of such data.
24.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any
rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
25.
CALIFORNIA USERS AND RESIDENTS
If
any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the
Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd.,
Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
26.
MISCELLANEOUS
These
Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the
entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of
these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest
extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will
not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of
Use.
27.
CONTACT US
In
order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please
contact us at:
Well Adapt Global Ltd
128 City
Road
London EC1V 2NX
England
Phone:
__________
hello@well-adapt.com