wellaware.care

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Terms of Use

Last updated: June 30, 2023

Welcome to wellaware.care (the “Website”). These Terms of Use (the “Agreement”) apply to your use of and access to the Website and any of its subdomains, and our health, wellness and fitness content and related services offered on or through our Website and any of its subdomains. To make this Agreement easier to read, the Website, and our content and related services are collectively called the “Services.”

PLEASE READ THIS AGREEMENT AND OUR PRIVACY POLICY CAREFULLY BEFORE USING OR ACCESSING THE SERVICES. BY USING OR ACCESSING THE SERVICES (INCLUDING YOUR SUBMISSION OF INFORMATION TO THE WEBSITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

You agree that the Terms of Use, combined with your act of using the Services, has the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.

The Services is offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Services.

PLEASE BE AWARE THAT THESE TERMS INCLUDE LIMITATIONS ON THE LIABILITY OF WELLAWARE.CARE AND OUR OBLIGATIONS RELATING TO THE SERVICES, CERTAIN CONDITIONS WITH RESPECT TO JURISDICTION, AND CERTAIN EXCLUSIONS OF WELLAWARE.CARE’S RESPONSIBILITY.

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE.

CHANGES TO AGREEMENT

Wellaware.care may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to the terms and conditions of this Agreement. Your use of the Services after such Amendments have been posted constitutes your agreement with and acceptance of such Amendments.

CHANGES TO SERVICES

Wellaware.care may, at any time and in its sole discretion, modify, add to, delete, suspend or terminate the Services and any content, services or material offered on or through the Services, for any or no reason, and with or without notice.

INTELLECTUAL PROPERTY OWNERSHIP

All information, materials, images, software, photographs, articles, functions, text and other content contained on or offered through the Services (collectively, “Content”) and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of Wellaware.care, its licensors or content providers or other third parties. The Services and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by Wellaware.care under the copyright laws of the United Arab Emirates and other countries. Wellaware.care may change the Services or delete any Content or features of Services at any time, in any way, for any or no reason. Wellaware.care reserves all rights not expressly granted in and to the Services and the Content.

Unless otherwise noted, Wellaware.care and all other trademarks, service marks, trade names, and logos displayed on the Services are the trademarks, servicemarks, trade names, and logos of Wellaware.care. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Services shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Services without the owner’s prior written permission. Unauthorized use of Wellaware.care and all other trademarks, service marks, trade names, and logos displayed on the Services is strictly prohibited.

Content may not be copied, reproduced, republished, uploaded, posted, re-delivered using framing technology, transmitted, displayed, performed, distributed or used in any way without Wellaware.care’s prior written permission; provided however, that users may download one copy of any Content on any single computer and print a copy of that Content solely for their personal, private, non-commercial use. No permission is granted to use the Website logos, images, addresses or other means to hyperlink other websites with any page in the Website.

NO MEDICAL ADVICE

THE SERVICES MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SERVICES DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. WELLAWARE.CARE IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED ON THE SERVICES.

USE OF THE SERVICES

In order to bring our users interesting and engaging information on health, wellness and fitness the Content and related information made available through the Services comes from a variety of sources.

Wellaware.care Content

Wellaware.care may from time to time (i) receive from third party vendors free products that we review and feature in our Content, and (ii) receive compensation for our review and discussion of the products featured in our Content and for the resulting advertisement and promotion of those products and the companies that sell them.

Third Party Content

Wellaware.care may from time to time post Content supplied by third parties and users (collectively “Third-Party Content”). In addition, if you register to receive our free newsletters and e-mails that promote the Services (“Newsletters”), you may receive Newsletters containing Third-Party Content or advertising that was sponsored by third parties.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of Wellaware.care. Wellaware.care does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted below.

DISCLAIMERS/LIMITATION OF LIABILITY

BECAUSE SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE BELOW LIMITATIONS MAY NOT APPLY TO YOU.

The use of the Services and the Content is at your own risk. When using the Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of Wellaware.care and its suppliers. Accordingly, Wellaware.care assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.

The Services and the Content are provided on an “as is” basis. Wellaware.care, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Wellaware.care, its licensors, and its suppliers make no representations, guarantees or warranties about the following:

- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Services or Wellaware.care.

- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Services.

- To the fullest extent permitted by applicable law, in no event shall Wellaware.care, its licensors, its suppliers, or any third parties mentioned on the Services be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Services or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Wellaware.care is advised of the possibility of such damages. 

- Wellaware.care is not liable for any personal injury, including death, caused by your use or misuse of the Services, Content, or User Submissions and subscriptions. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

INDEMNITY

You agree to defend, indemnify, and hold Wellaware.care, its authors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

THIRD PARTY SITES

Certain links on the Services may lead to other websites, webpages, and resources (“Third-Party Sites”) maintained by third parties over whom Wellaware.care has no control. Such links to Third Party Websites are provided for Your convenience and reference only.Wellaware.care accepts no liability or responsibility for any material supplied or contained on such Third-Party Sites or any use of personal information by such third parties. Wellaware.care makes no representation or warranty as to the accuracy or any other aspect of the information on such Third-Party Sites.

NOTICES FOR REPORTING AND MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Wellaware.care respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement and is located on the Services, you may submit a notification of claimed infringement under the Federal Law No. 7 of 2002 on Copyright and Author's Rights of the United Arab Emirates, containing the following information:

- An electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

- A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

- Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;

- A statement that your claim of infringement is based on a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

- A statement that the information you have provided is accurate and, to the best of your knowledge, that you are the copyright owner or authorized to act on the copyright owner’s behalf of an exclusive right that is allegedly infringed.

All notices of claimed infringement shall be sent to Wellaware.care’s copyright agent, whose contact information is noted below:

hey@wellaware.care

COMPLIANCE WITH LAWS

You shall comply with all applicable laws, including, but not limited to, as applicable, the EU General Data Protection Regulation and its requirements related to capturing verifiable consent, obtaining parental consent, responding to data subject requests, complying with international data transfer laws and other requirements relating to personal information, data localization, cookies and recordkeeping requirements.

JURISDICTION, LOCATION, SURVIVAL

You expressly agree that exclusive jurisdiction for any dispute with Wellaware.care, or in any way relating to your use of the Services, resides in the courts of the United Arab Emirates and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the United Arab Emirates in connection with any such dispute including any claim involving Wellaware.care, or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the laws of the United Arab Emirates, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Wellaware.care makes no claims that Content is appropriate or may be downloaded outside of the United Arab Emirates. Access to the Content may not be legal by certain persons or in certain countries. If you access the Services from outside the United Arab Emirates, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Location; Survival, Liability of Wellaware.care, and its Licensors, User Submissions, Indemnity, Jurisdiction, No Waiver, and Complete Agreement.

COMPLETE AGREEMENT; AMENDMENTS

These Terms of Use, Privacy Policy, and Agreement constitute the entire agreement between you and Wellaware.care with respect to the use of the Services and Content.

Wellaware.care, in its sole discretion, reserves the right to update, revise, supplement and to otherwise modify these Terms of Use, and to impose new or additional terms and conditions on your use of the Services from time to time. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in these Terms of Use as “Additional Terms”) will be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to the Services. Your continued viewing or use of the Services following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.

TERMINATION

This Agreement is effective unless and until terminated by either you or Wellaware.care. You may terminate this Agreement at any time by discontinuing use of the Services (subject to the surviving terms set forth herein). Wellaware.care also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Services, if in Wellaware.care’s sole discretion you fail to comply with any term or provision of this Agreement.

NO WAIVER

Wellaware.care’s failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of Wellaware.care’s right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Wellaware.care to exercise or take advantage of any right or remedy that Wellaware.care has or may have hereunder, operate as a waiver of any right or remedy.

CONTACT INFORMATION

Thank you for your cooperation. We hope you find the Website and Services helpful and convenient to use!

For any feedback please contact: hey@wellaware.care

June 30, 2023

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