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.
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:
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.
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:
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.
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:
You will not engage in any multi-level marketing whatsoever, whether or not such activity is for a lawful company or an unlawful company.
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).
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.
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:
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.
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.
From time to time, users may participate in contests, challenges or promotions (each, a “Promotion”) involving the donation of goods and/or services, including by Wehl’s sponsors (each, a “Promoter”). Any correspondence between users and Promoters, any actions or inactions in response to a Promotion, and any 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, action or inaction in response to a Promotion, or any goods and/or services delivered or not delivered pursuant to a Promotion.
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.
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.
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).
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.
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
Date of Last Revision: July 2, 2018