Terms of service

OVERVIEW

This website is operated by TheWellClub. Throughout this site, the terms "we," "us," and "our" refer to TheWellClub. By accessing or using this website, including all services, tools, and information available, you, the user, agree to be bound by the following terms, conditions, policies, and notices set forth here.

When you visit our website and/or make a purchase, you agree to be bound by these terms and conditions ("Terms of Service," "Terms"), as well as any other terms, conditions, and policies linked on this website. These Terms of Service apply to all users, including but not limited to browsers, vendors, customers, merchants, and content contributors.

Please read these Terms of Service carefully before using our website. If you do not agree with all the terms, you may not access or use our services. If these Terms of Service constitute an offer, their acceptance is expressly limited to the terms outlined here.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to this page. It is your responsibility to check this page periodically for any changes. Continued use of the website after any changes are posted constitutes your acceptance of those changes.

Our online store is hosted on Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are of legal age in your jurisdiction or that you have obtained the consent of a legal guardian to use our website.

You agree not to use our products for any illegal or unauthorized purposes, and you will not violate any laws in your jurisdiction, including but not limited to copyright laws. The use of viruses, worms, or destructive codes is strictly prohibited. Any breach of these terms may result in the immediate termination of your access to our services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason.

To comply with technical requirements, you understand that your content (excluding credit card information) may be transmitted in a non-encrypted form and may be modified to fit network or technical requirements. Credit card transactions are always encrypted.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service or access to the Service without express written consent from TheWellClub.

The section headings in these Terms are provided for convenience only and will not affect the interpretation of these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information on this website is not accurate, complete, or up to date. The content on this site is for general informational purposes and should not be used as the sole basis for making decisions. We do not take responsibility for any reliance on the material on our website.

Certain historical information may be available, but it is not current and should be used for reference only. We reserve the right to modify the content of our site at any time, but we are not obligated to update the information.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for products are subject to change without notice. We reserve the right to modify or discontinue any part of the Service at any time, without notice. We will not be liable for any changes to or discontinuation of our services.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online. These may have limited quantities and can only be returned or exchanged according to our Return Policy.

We have made every effort to display product colors and images as accurately as possible. However, we cannot guarantee that your monitor will display colors correctly. We reserve the right to limit the sale of our products and services at our discretion.

Descriptions of products and services, as well as pricing, may change without notice. We also reserve the right to discontinue any product at any time. Any offer for products or services made on this site is void where prohibited.

We do not warrant that the quality of any product, service, or material purchased will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel orders at our discretion. This may include limiting quantities, orders placed under the same account, credit card, or billing/shipping address. If we modify or cancel an order, we will attempt to notify you via email or phone.

You agree to provide current, accurate, and complete account information when purchasing. This includes promptly updating your information, such as email, credit card, and shipping address, so that we can process your orders.

Please refer to our Returns Policy for more information.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools over which we have no control. These tools are provided "as is" and without any warranty. We are not responsible for any liabilities arising from your use of these optional tools. Use of these tools is at your own risk, and you should review the terms of third-party providers before using them.

In the future, we may offer additional services or features, which will also be governed by these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our website may include content, products, and services from third parties. We are not responsible for the content or accuracy of these third-party materials, and we do not warrant or accept responsibility for any transactions made through third-party websites.

We are not liable for any damages related to goods or services purchased from third-party websites. Please review the third-party’s policies and practices before engaging in any transactions.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you submit comments, feedback, or other materials (e.g., contest entries) to us, you agree that we can use them without restrictions, including editing, copying, publishing, or distributing them. We are not required to keep any comments confidential or to pay compensation for them.

You agree that your comments will not violate third-party rights or contain unlawful, abusive, or harmful material. You are responsible for the accuracy of your comments and agree not to mislead us or others regarding the origin of any comments.

We reserve the right to monitor, edit, or remove any content we deem inappropriate, offensive, or unlawful.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through our website is governed by our Privacy Policy. Please review our Privacy Policy for further details on how we handle your information.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product 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, 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.

SECTION 12 - PROHIBITED USAGE

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 our intellectual property rights or the intellectual property rights of others; (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; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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 ThewellClub, 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, 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 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.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fraise 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.

SECTION 15 - 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.

SECTION 16 - 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 Services, 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 Services .

SECTION 17 - 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 The Service constitutes the entire agreement and understanding between you and us and govern your use of the 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.

SECTION 18 - 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 the United Arab Emirates, specifically the applicable laws of the Emirate of Dubai.

SECTION 19 - 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. 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.

SECTION 20 - MOBILE TERMS OF SERVICE

TheWellClub (Dubai) Mobile Message Service (the "Service") is operated by TheWellClub (“TheWellClub,” “we,” or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to TheWellClub's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of TheWellClub through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with TheWellClub. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other TheWellClub mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, email thewellclub1@gmail.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at thewellclub1@gmail.com..