Terms and Conditions
Last updated: Sept, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”)
carefully before using the https://www.wellbeingarena.com website (the
“Service”) operated by Wellbeing Arena (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users and
others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If
you disagree with any part of the terms then you do not have permission to
access the Service.
-Communications
By creating an Account on our service, you agree to subscribe to newsletters,
marketing or promotional materials and other information we may send.
However, you may opt out of receiving any, or all, of these communications
from us by following the unsubscribe link or instructions provided in any
email we send.
-Purchases
If you wish to purchase any product or service made available through the
Service (“Purchase”), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information.
You represent and warrant that: (i) you have the legal right to use any
credit card(s) or other payment method(s) in connection with any Purchase;
and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these third
parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons
including but not limited to: product or service availability, errors in the
description or price of the product or service, error in your order or other
reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
-Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We
may experience delays in updating information on the Service and in our
advertising on other web sites. The information found on the Service may
contain errors or inaccuracies and may not be complete or current. Products
or services may be mispriced, described inaccurately, or unavailable on the
Service and we cannot guarantee the accuracy or completeness of any
information found on the Service.
We therefore reserve the right to change or update information and to correct
errors, inaccuracies, or omissions at any time without prior notice.
-Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription
(s)”). You will be billed in advance on a recurring and periodic basis
(“Billing Cycle”). Billing cycles are set either on a monthly or annual
basis, depending on the type of subscription plan you select when purchasing
a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew
under the exact same conditions unless you cancel it or Wellbeing Arena
cancels it. You may cancel your Subscription renewal either through your
online account management page or by contacting Wellbeing Arena customer
support team.
A valid payment method, including credit card or PayPal, is required to
process the payment for your Subscription. You shall provide Wellbeing Arena
with accurate and complete billing information including full name, address,
state, zip code, telephone number, and a valid payment method information. By
submitting such payment information, you automatically authorize Wellbeing
Arena, LLC to charge all Subscription fees incurred through your account to
any such payment instruments.
Should automatic billing fail to occur for any reason, Wellbeing Arena will
issue an electronic invoice indicating that you must proceed manually, within
a certain deadline date, with the full payment corresponding to the billing
period as indicated on the invoice.
-Free Trial
Wellbeing Arena may, at its sole discretion, offer a Subscription with a free
trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for
the Free Trial.
If you do enter your billing information when signing up for the Free Trial,
you will not be charged by Wellbeing Arena until the Free Trial has expired.
On the last day of the Free Trial period, unless you cancelled your
Subscription, you will be automatically charged the applicable Subscription
fees for the type of Subscription you have selected.
At any time and without notice, Wellbeing Arena reserves the right to (i)
modify the terms and conditions of the Free Trial offer, or (ii) cancel such
Free Trial offer.
-Fee Changes
Wellbeing Arena, in its sole discretion and at any time, may modify the
Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.
Wellbeing Arena will provide you with a reasonable prior notice of any change
in Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes
into effect constitutes your agreement to pay the modified Subscription fee
amount.
-Refunds
Certain refund requests for Subscriptions may be considered by Wellbeing
Arena on a case-by-case basis and granted in sole discretion of Wellbeing
Arena.
-Content
Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
(“Content”). You are responsible for the Content that you post on or through
the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that:
(i) the Content is yours (you own it) and/or you have the right to use it and
the right to grant us the rights and license as provided in these Terms, and
(ii) that the posting of your Content on or through the Service does not
violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person or entity. We reserve the right to terminate
the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or
display on or through the Service and you are responsible for protecting
those rights. We take no responsibility and assume no liability for Content
you or any third party posts on or through the Service. However, by posting
Content using the Service you grant us the right and license to use, modify,
perform, display, reproduce, and distribute such Content on and through the
Service.
Wellbeing Arena has the right but not the obligation to monitor and edit all
Content provided by users.
In addition, Content found on or through this Service are the property of
Wellbeing Arena or used with permission. You may not distribute, modify,
transmit, reuse, download, repost, copy, or use said Content, whether in
whole or in part, for commercial purposes or for personal gain, without
express advance written permission from us.
-Accounts
When you create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether
your password is with our Service or a third-party service. You must notify
us immediately upon becoming aware of any breach of security or unauthorized
use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion.
-Copyright Policy
We respect the intellectual property rights of others. It is our policy to
respond to any claim that Content posted on the Service infringes on the
copyright or other intellectual property rights (“Infringement”) of any
person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe
that the copyrighted work has been copied in a way that constitutes copyright
infringement, please submit your claim via email to help@Wellbeing Arena.com,
with the subject line: “Copyright Infringement” and include in your claim a
detailed description of the alleged Infringement as detailed below, under
“DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees)
for misrepresentation or bad-faith claims on the infringement of any Content
found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright
Act (DMCA) by providing our Copyright Agent with the following information in
writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the
material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at info@wellbeingarena.com
-Intellectual Property
The Service and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property of
Wellbeing Arena and its licensors. The Service is protected by copyright,
trademark, and other laws of both the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product
or service without the prior written consent of Wellbeing Arena.
-Links To Other Web Sites
Our Service may contain links to third party web sites or services that are
not owned or controlled by Wellbeing Arena
Wellbeing Arena has no control over, and assumes no responsibility for the
content, privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these
entities/individuals or their websites.
You acknowledge and agree that Wellbeing Arena shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such third party web sites or
services.
We strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.
-Termination
We may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole discretion,
for any reason whatsoever and without limitation, including but not limited
to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the
Service.
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Wellbeing Arena and its
licensee and licensors, and their employees, contractors, agents, officers
and directors, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited
to attorney’s fees), resulting from or arising out of a) your use and access
of the Service, by you or any person using your account and password; b) a
breach of these Terms, or c) Content posted on the Service.
-Limitation Of Liability
In no event shall Wellbeing Arena, nor its directors, employees, partners,
agents, suppliers, or affiliates, be liable for any indirect, incidental,
special, consequential or punitive damages, including without limitation,
loss of profits, data, use, goodwill, or other intangible losses, resulting
from (i) your access to or use of or inability to access or use the Service;
(ii) any conduct or content of any third party on the Service; (iii) any
content obtained from the Service; and (iv) unauthorized access, use or
alteration of your transmissions or content, whether based on warranty,
contract, tort (including negligence) or any other legal theory, whether or
not we have been informed of the possibility of such damage, and even if a
remedy set forth herein is found to have failed of its essential purpose.
-Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an
“AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose,
non-infringement or course of performance.
-Wellbeing Arena its subsidiaries, affiliates, and its licensors do not
warrant that a) the Service will function uninterrupted, secure or available
at any particular time or location; b) any errors or defects will be
corrected; c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.
-Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages,
so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of
England, United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these
Terms at any time. If a revision is material we will provide at least 30 days
notice prior to any new terms taking effect. What constitutes a material
change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us at
info@wellbeingarena.com
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