Terms of Use

Thank you for using Wehl, the social community for wellness! These Terms of Use (“Terms”) govern your use of Wehl at wehl.com and its sub-domains (the “Site”), your interactions with Wehl applications, as well as your use of Wehl products and services, all of which we call the “Wehl Services” or “Services”. The Terms are an agreement between you and Wehl Inc. By using or accessing Wehl Services, you agree to comply with and be bound by these Terms. We may amend these Terms at any time by posting the amended terms on the Site. The amended Terms shall be effective automatically upon being posted on the Site. Your continued use of the Services will be deemed your agreement to the amended Terms. You should review these Terms periodically to determine whether any revisions may affect your use.

WE DO NOT PROVIDE ANY PROFESSIONAL HEALTH OR MEDICAL ADVICE ON THE SITE, AND THE SITE SHOULD NOT BE SO CONSTRUED OR USED IN PLACE OF SEEKING A PROFESSIONAL HEALTH PRACTITIONER FOR TREATMENT. YOU SHOULD CONSULT A PROFESSIONAL HEALTH PRACTITIONER IF YOU ARE SUFFERING FROM HEALTH-RELATED DEFICIENCIES. THE VIEWS AND OPINIONS EXPRESSED BY USERS AND INTERVIEWEES ON THE SITE ARE THOSE OF THE USER OR INTERVIEWEE, AS THE CASE MAY BE, NOT OF WEHL INC.

1. Who can use Wehl

To use Wehl Services, you must be at least 16 years old. If you aren’t 16, please do not use our Services. In addition:

  1. You will respect The Wehl Community Manifesto, and The Wehl Business Manifesto (if applicable to your account). You will use account types as intended. You will not create a member or professional member account for an organization. You will not use a free account to self-promote.
  2. You will not provide any false personal information on Wehl, or create an account for anyone other than yourself without our permission.
  3. You will not create more than one personal account.
  4. If we disable your account, you will not create another one without our permission.
  5. You will not use Wehl if you are a convicted sex offender.
  6. You will keep your contact information accurate and up-to-date.
  7. You will not share your account information (including your password) with anyone, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  8. You will not transfer your account to anyone without our written permission.
  9. If you select a username for your account, we reserve the right to remove or reclaim it if we believe that such action is appropriate in the circumstances (such as when a trademark owner complains about a username that does not closely relate to the user’s actual name).
  10. We may refuse our Services to anyone or limit your use of our Services at any time, in our sole discretion.
  11. You will be responsible for obtaining and maintaining your own compatible computer or mobile system required by you to properly access the Site ("Your Equipment").  Wehl has no responsibility for or liability with respect to Your Equipment.
  12. You will not use Wehl to advertise, sell or promote, directly or indirectly, (a) the products or services of any company engaged in multi-level marketing or (b) any pharmaceutical products or services.
  13. You may not create an organization account unless you are authorized by your organization to do so, in which case you are accepting the Terms on behalf of yourself and your organization.
  14. You may not pay or incentivize a user, directly or indirectly, whether through a contest, promotion or any other kind of consideration, for the privilege to be followed, to have a new relationship on Wehl, or to be recommended through a wehlness choice on Wehl. Wehl is intended to be a transparent platform where users freely follow others, build relationships, and authentically choose wehlness brands and professionals without any external influence.

2. Privacy

Wehl is committed to protecting your privacy. For that purpose we have created a Privacy Policy at wehl.com/privacy/ that you can review.

3. Your Information

You own all of the information you post on Wehl (“Your Information”), and you can limit how it is shared through settings in your account (for example, through public and private settings when editing your profile). All posts and tips, relationships with other users, wehlness choices, and information you choose to display about your wehlness, are shared to all Wehl users in keeping with Wehl’s mission to promote health and wellness throughout our community. In addition:

  1. In the event Your Information (such as photos) is covered by intellectual property rights (“IP Content”), you specifically agree, subject to your privacy settings, to grant us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable license to use any IP Content that you post on or in connection with Wehl (“IP License”). This IP License ends when you delete your IP Content, or when your account is deleted, unless your IP Content has been shared with others and they have not deleted it.
  2. When you delete IP Content, you understand that removed content may persist in backup copies for a reasonable period of time.
  3. You are solely responsible for Your Information. We act solely as a passive conduit for your online distribution and publication of Your Information. However, in our sole discretion we may take any action with respect to such information or your account we deem necessary or appropriate, including, for example, removing Your Information if it violates these Terms or disabling your account.
  4. When you publish posts and tips, it means that you are allowing everyone, including people off of Wehl, to access and use that information, and to associate it with you (i.e. your name and profile picture).
  5. You can control which posts and tips you see on Wehl by choosing to follow one or more users and choosing to filter your display to only those you are following.
  6. We value any feedback, recommendations or submissions you may have about Wehl, but you understand that we may use your feedback, recommendations or submissions without any obligation to compensate you for them (just as you have no obligation to offer them).

4. Safety

Your safety on Wehl is important to us. While we can’t guarantee that Wehl will be completely safe, we will try our best to make it so. Safety is a team effort, which includes the following commitments by you:

  1. Your Information shall not be fraudulent, shall not violate any applicable laws, infringe any intellectual property rights or privacy, or be misleading, malicious, or discriminatory.
  2. Your Information shall not contain hate speech, pornography, nudity, or depictions of violence, shall not promote violence or any illegal activities (including theft, drug trafficking, money laundering and terrorism) and shall not be threatening. You understand that Wehl promotes positive interactions and is not a site for evil.
  3. You will not bully, intimidate, or harass any user.
  4. You will not upload viruses or other malicious code.
  5. You will not post unauthorized commercial communications (such as spam) on Wehl.
  6. You will not invade the privacy of other users, including e-mailing them spam or anything else that is unlawful.
  7. You will not collect users' content or information, or otherwise access Wehl, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  8. You will not engage in any multi-level marketing whatsoever, whether or not such activity is for a lawful company or an unlawful company.
  9. You will not engage in any illegal activities on Wehl.
  10. You will not solicit login information or access an account belonging to someone else.
  11. You will not do anything that could disable, overburden, or impair the proper working or appearance of Wehl, such as a denial of service attack or interference with page rendering or other Wehl functionality.
  12. You will not abuse the Services.
  13. You agree to use the Services only for lawful purposes, in a lawful manner, and in good faith.
  14. You will not facilitate or encourage any violations of these Terms.

5. Fees

Individual users and organizations may join Wehl for free.

Organizations and professionals may choose to pay a fee to be permitted increased interaction with Wehl, including the promotion of goods and/or services, as described on our Site.

You may choose to pay for goods and services for which a fee is specifically identified on the Site. The currency of the fees payable to Wehl by you shall be United States Dollars, unless otherwise noted. Wehl reserves the right to stipulate the type of currency payable for a particular transaction.

In our sole discretion, we may increase or decrease the amount of fees payable upon posting a notice of the amended fees on our Site, and we may add, delete or change some or all of our Services at any time, including but not limited to charging additional fees for a given service, giving discounts or altering the methods for calculating the fees payable to Wehl.

Wehl operates an interactive transaction service which may allow access to Stripe, from which users may purchase certain Wehl goods or services. Stripe is responsible for all aspects of order billing. Wehl does not store any credit card information. You agree that use of the Stripe service is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY WEHL. WEHL WILL NOT BE LIABLE TO YOU FOR ANY STRIPE CHARGES OR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE STRIPE SERVICE.

You are responsible for paying any and all taxes, penalties, charges and interest levied or leviable by any authority applicable to a transaction performed by you using our Services (e.g. payment of Goods and Services Tax or Harmonized Sales Tax by Canadian residents).

6. Limitations, Restrictions and Risks

Our Site and Services are neutral online platforms for you. Apart from your purchasing specific goods and services identified on our Site, we are not involved in transactions between you and other users, organizations and professionals, nor are we involved in the provision of goods or services by any of such parties. As a result, we have no control over (a) the quality, safety or legality of the goods or services provided by users, other organizations or professionals; or (b) the truth or accuracy of the information set forth by users or interviewees in conjunction with their use of our Services (including the legitimacy of any organization or professional, and any ratings by users in connection with other users, organizations and professionals). 

We cannot prevent people from acting under false pretences, or persons lacking the requisite legal capacity and powers from using our Site and Services. We are not able to monitor our users to ensure that all of the information that they provide is accurate, current and honest. Information provided by a user may be inaccurate, mislabeled or deceptive. Although we encourage you to communicate with other users, please be cautious and use common sense in such communications.

We can’t promise that the Site and Services will be free from viruses or other harmful components.

We are not liable to you or any other party who may access our Site and use our Services via your username with or without your consent, nor will we be liable for any damage or loss due to the fault or negligence of you or for the failure of any transaction provided by any user via our Site or Services.

We are also not responsible in contract or in tort for the unauthorized access to, or alteration, theft or destruction of e-mails, information or programs of yours by any person through accident or fraudulent means or devices even if such access occurs as a result of our own negligence.

We reserve the right to control, direct and establish technical procedures for the use of our Services and you agree to follow our reasonable instructions and procedures with respect to the use of the same. We also reserve the right to make operational changes to our Site and Services, including your username.

While we will use our reasonable endeavors to maintain a 24 hour presence for you, we cannot guarantee, warrant or represent we can provide you with continuous, uninterrupted use since (a) circumstances may arise beyond our reasonable control (including Internet connectivity issues) and (b) we need to carry out routine maintenance. Wehl will not be liable for its failure to provide continuous service. Our Site and Services will not be error-free, uninterrupted and will be variable.

Wehl reserves the right but does not assume the obligation to inspect the content and material in users' files and postings to ascertain compliance with these Terms or any applicable laws. In the event of any breach or purported breach, Wehl will be entitled to permit police or other relevant authority to inspect the same.

Wehl does not warrant that the Services will meet all or any of your requirements. Further, Wehl does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable and that the quality of the services or information obtained through the Services will meet your expectations. We do not endorse the goods or services of any user, organization or professional using Wehl Services.

7.  Releases and Indemnity

You agree to release Wehl (and our officers, directors, shareholders, employees, representatives, affiliates, contractors, contributors, interviewers, interviewees, authors, suppliers and agents) from any and all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of Wehl. You further agree to indemnify and keep indemnified at all times Wehl (and our officers, directors, shareholders, employees, representatives, affiliates, contractors, contributors, interviewers, interviewees, authors, suppliers and agents) against any actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal fees) sustained, incurred or paid by Wehl directly or indirectly in respect of:

  1. disputes between you and other users;
  2. your access to and/or use of Wehl and its Services;
  3. any information, data or material produced, transmitted or downloaded by you or any user; and
  4. any breach by you of any provision of the Terms or of any law, code or regulation relating thereto to you.

6.  No Agency

Wehl and you are independent contractors. Neither the Terms nor your use of the Site or Services creates any agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship.

7. Monitoring

You agree that Wehl has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content, user information and listing details anywhere on Wehl. Notwithstanding this right, Wehl does not and cannot review all materials posted to the Site by users, and Wehl is not responsible for any such materials posted by users.

8. Intellectual Property Rights

  1. You acknowledge that the data, information and/or content, including, but not limited to, text, software (including any HTML, WML, java, java script or CGI script or any other computer code or source code), music, sounds, photographs, video, graphics, graphical user interface, forms, diagrams or other material, used in connection with, incorporated or contained in or presented to you through the Site or Services (all of the aforementioned data, information, content and/or materials to be collectively referred to as "Our Information") are our exclusive property and/or our third party licensors and are protected by intellectual property laws, including, but not limited to, copyright and trademark laws. You will not use Our Information, copyrights or trademarks except as expressly permitted by guidelines published on the Site, or we give you express written permission.
  2. No part or parts of Wehl may be reproduced, distributed, republished, or commercially exploited unless you are expressly permitted to do so by guidelines published on the Site, or we give you express written permission. You may not, without our prior written permission, create derivative works from Our Information or "mirror" any Wehl material on any other server. Further, the name of Wehl or any other trademark, name or logo belonging to or used by us may not be used in any way, including in advertising or publicity, without our prior written permission.

9. Participation in Promotions

From time to time, users may participate in contests or promotions (each, a “Promotion”) involving the donation of goods and/or services by Wehl’s sponsors (each, a “Promoter”). Any correspondence between users and Promoters, and the delivery and use of any goods and/or services provided pursuant to a Promotion, are solely at the user’s risk. Wehl assumes no liability, obligation or responsibility for any part of any correspondence, goods and/or services delivered or not delivered pursuant to a Promotion.

10. Notices

Except as explicitly stated otherwise, any notices shall be given by e-mail to [email protected] (in the case of Wehl) or to the e-mail address you provide to Wehl during the registration process (in your case), or such other address, as the party shall specify.  Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. 

11. Termination

We may, at our sole discretion and at any time, issue a warning, temporarily suspend, indefinitely suspend or terminate your Wehl account, and cancel or remove from Wehl any requests, transactions or any information you place on Wehl. If you have purchased a Wehl Service for which a subscription fee is payable and have not been in breach of these Terms, we will, in the case of termination, refund you an amount corresponding to, on a pro-rata basis, the unused portion of your paid subscription term.

Subscriptions to Wehl Services for which a fee is payable (“Wehl for Business Services”) will automatically renew at the end of their applicable term. You may, at any time, cancel your subscription to Wehl for Business Services through settings in your account. You will still receive Wehl for Business Services until the end of your applicable term, unless this agreement is otherwise terminated earlier.

You may, within thirty (30) days of the date of purchase of any Wehl for Business Services, terminate your subscription if you are not completely satisfied and request a refund of the then-current subscription amount (for example, the annual fee that was purchased within thirty (30) days) by emailing  [email protected] with (i) your notice of termination, (ii) request for refund of your then-current subscription amount, and (iii) reason for termination. Refunds will not be issued if you have been in breach of these Terms, or if you make your refund request more than thirty (30) days after the date of purchase. Your Wehl for Business Services will otherwise terminate upon the expiration of the term for which you have paid.

12. Disclaimer and Limitation of Liability

THE SITE AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SITE OR THE SERVICES IS AT YOUR OWN RISK. WEHL DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE OR THE SERVICES. WEHL DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WEHL DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE SERVICES WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE OR THE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

IN NO EVENT WILL WEHL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, WHETHER OR NOT WEHL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE SERVICES. IN NO EVENT SHALL WEHL'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

13. Governing Law

The Terms shall be governed in all respects by the laws of the Province of Ontario, Canada, without respect to its conflict of laws provisions. For any dispute you have with Wehl, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Wehl account. If Wehl hasn’t been able to resolve the dispute with you informally, we each agree to resolve any dispute (excluding claims for injunctive or other equitable relief) through binding arbitration. The arbitration proceedings shall be conducted in accordance with the Ontario Arbitration Act, 1991, shall take place in Toronto, Ontario in the English language, before a single arbitrator agreed by you and Wehl, or else appointed by a judge of the Ontario Superior Court of Justice upon the application of one or both parties. The arbitrator shall decide according to Ontario law, and awards by the arbitration tribunal shall be binding on the parties. The United Nations Convention on the International Sale of Goods is excluded from the Terms.

14. General

  1. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of Wehl may be interfered with by numerous factors, some of which are outside of our control. We accept no responsibility or obligation whatsoever for any such interruption or interference. If any provision of the Terms is held to be invalid or unenforceable, only such provision or portion thereof as is held to be invalid or unenforceable shall be struck and the remaining provisions shall be fully enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  2. Our failure to act or delay in acting with respect to a breach by you or others does not waive our right to act with respect to that breach, subsequent or similar breaches.
  3. Certain areas of Wehl may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

The Terms, including any documents referenced herein, set forth the entire understanding and agreement between you and us with respect to Wehl.

Date of Last Revision: July 2, 2018