TERMS & CONDITIONS
Effective Date: October 1, 2019
Last Updated: October 1, 2019
These terms of service govern your use of the website https://www.wanawellness.com/ (the “site” or “site”), which is provided by Wana Wellness LTD (referred to as “wana wellness”, “us”, “we”, or “our” below), and apply to all users visiting the site by access or using the site in any way. By accessing this site, browsing the site, and/or purchasing products from the site, you are indicating your acknowledgment and acceptance of these terms of service. You represent that i) you have read, understand, and agree to be bound by the terms of service, ii) you are of legal age to form a binding contract with us, and iii) you have the authority to enter into the terms of service personally or on behalf of Wana Wellness you have named as the user, and to bind that Wana Wellness to the terms of service. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you’re registered on the site. If you do not agree to be bound by these terms of service, you may not access or use this site or the services.
Any dispute or claim relating in any way to your use of the site will be governed and interpreted by and under the laws of the state of Colorado, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
These terms are subject to change by Wana Wellness at any time. When changes are made, Wana Wellness will make a new copy of the Terms of Service available. We will also update the “Last Updated” date at the top of the Terms of Service. Any changes to the Terms will be effective immediately for new users of the site and will be effective thirty (30) days after posting notice of such changes on the site for existing users. We may require you to provide consent to the updated Terms in a specified manner before further use of the site and/or the Services is permitted. If you do not agree to any changes after receiving a notice of such changes, you shall stop using the site and/or the Services. Generally, your continued use of the site and/or Services constitutes your acceptance of such changes. Please regularly check the site to view current terms.
Product Returns: You may request a refund for unopened items within 30 days from the day of delivery.
Site Access. This site is intended for users eighteen years of age or older. If you are under eighteen years of age, do not use or access this site for any reason and please exit this site immediately. You must be of legal age required by the state or province you are in to purchase our products. It is your responsibility to know whether you are legally able to purchase our products.
You may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be your correct and complete information. If Wana Wellness believes the information you provide is not correct or complete or is an impersonation of someone else, we have the right to refuse you access to this site or any of its resources, to terminate or suspend your access at any time, and delete any comments you have posted, all without prior notice.
Use of the Services and Wana Wellness Properties. The Site, the Services, the Content (defined in the License to Use the Site section), and the information and content available on the site and in the Services (as these terms are defined herein) (collectively, the “Wana Wellness Properties”) are protected by trademark and copyright laws throughout the world. Subject to the Terms of Service, Wana Wellness grants you a limited license to reproduce portions of Wana Wellness Properties for the sole purpose of using the Services for your personal or internal business purposes.
Fees and Payment Terms. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Wana Wellness with a valid credit card (Visa, MasterCard, Discover or any other issuer accepted by us). By providing Wana Wellness with your credit card number and associated payment information, you agree that Wana Wellness, and its third-party service provides for payment services, T1 Payments as the third party service providers for payment services are authorized to immediately invoice your Account for all fees and charges due and payable to Wana Wellness hereunder and that no additional notice or consent is required. You agree to immediately notify Wana Wellness of any change in your billing address or the credit card used for payment hereunder. Wana Wellness reserves the right at any time to change its prices and billing methods, either immediately upon posting on Wana Wellness Properties or by e-mail delivery to you.
Taxes. Wana Wellness’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms of Service are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Wana Wellness, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Wana Wellness for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Wana Wellness is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Payment. Charges to your credit card will appear as “WanaWellness442037462519”
We gladly accept Visa and Mastercard.
License to Use the Site. Subject to your compliance with these Terms of Service, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the materials and content (collectively, the “Content”) on this Site. This license does not allow you to resell or make any commercial use of the Site, its Contents or our products sold through the Site; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rights-holders, or other content providers. No Content on, or product sold through, this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may use our Site only as permitted by law and these Terms of Service. The licenses we have granted you terminate if you do not comply with these Terms of Service.
Proprietary Information. The Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the content to us, and we or the party that provided the content to us retains all right, title, and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of the Content except as expressly provided in these Terms of Service violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the content as a result of accessing this site.
Restrictions on Use. You may use this site only for the purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without our express prior written consent.
No material from this site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
Health Information. Statements on this site and any materials or products we sell have not been evaluated by the Food and Drug Administration. Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.
We shall be not held liable for any improper or incorrect use of the information, Services, or products purchased on this site and assume no responsibility for anyone’s use of the information, Services, or products purchased on this site. We shall not be held liable for any direct or indirect damages caused through the use of information or services on this site. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the site user, to be caused by the information or services on this site, or by using this site.
Limitation of Liability. You understand and agree that in no event shall Wana Wellness parties be liable for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection with wana wellness properties, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, whether or not wana wellness has been advised of the possibility of such damages, arising out of or in connection with the terms, or from any communications, interactions or meetings with other users of wana wellness properties, on any theory of liability, resulting from: (a) the use or inability to use wana wellness properties; (b) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received for transactions entered into through wana wellness properties; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on wana wellness properties; or (e) any other matter related to wana wellness properties, whether based on warranty, copyright, contract, tort (including negligence), or any other legal theory. The foregoing cap on liability shall not apply to liability of a wana wellness party for (a) death or personal injury caused by a wana wellness party’s negligence; or for (b) any injury caused by a wana wellness party’s fraud or fraudulent misrepresentation.
Ownership; Trademarks and Copyrights. Wana Wellness and its suppliers own all rights, title and interest in Wana Wellness Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accessing the Site, or Wana Wellness Properties.
Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners and software appearing in this site are our property or the property of the party that provided the trademarks, service marks, logos or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos and copyrighted material appearing in this site. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
Indemnity. You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees (collectively, “Losses”) relating to or arising out of: (i) any breach of these Terms of Service by you, including any use of Content other than as expressly authorized in these Terms of Service; (ii) your Submissions to, use of or inability to use, Wana Wellness Properties; (iii) your use of the products purchased on the site; or (iv) violation of any applicable laws, rules or regulations. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site or the purchase of any products. You agree that the provisions in this section will survive any termination of your Account, the Terms of Service or your access to Wana Wellness Properties.
EU Law Applies. It is up to you to determine whether accessing this site and purchasing our products are legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.
Electronic Communications. The communications between you and Wana Wellness use electronic means, whether you visit Wana Wellness Properties or send Wana Wellness e-mails, or whether Wana Wellness posts notices on Wana Wellness Properties or communicates with you via e-mail. For contractual purposes, you consent to receive communications from Wana Wellness in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that Wana Wellness provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release. You hereby release Wana Wellness Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of Wana Wellness Properties, and (ii) any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or others, including law enforcement authorities. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Wana Wellness Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or any Services provided hereunder.
Contacting Wana Wellness.
If you have questions or concerns about these Terms of Service:
WANA WELLNESS LTD
115 Mare Street London, UK E8