Terms of Use

1. Application of Terms

1.1 These Terms apply to your use of myWellabee. By accessing and using myWellabee:

(a) you agree to these Terms; and

(b) where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.2 If you do not agree to these Terms, you are not authorised to access and use myWellabee, and you must immediately stop doing so.

2. Changes

2.1 We may change these Terms at any time by updating them on the myWellabee site.  Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.

2.2 We may change, suspend, discontinue, or restrict access to, myWellabee without notice or liability.

2.3 These Terms were last updated on Sept 7, 2022.

3. Definitions

In these Terms: ‍ ‍

including and similar words do not imply any limit ‍ ‍

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis ‍ ‍

personal information means information about an identifiable, living person ‍ ‍

Terms means these terms and conditions titled myWellaBee Terms of Use ‍

Underlying System means any network, system, software, data or material that underlies or is connected to myWellaBee ‍ ‍

We, us or our means K10X Ventures Limited, a New Zealand company, company number 8153810 ‍ ‍

myWellabee means the website at www.mywellabee.com

You mean you or, if clause 1.1(b) applies, you and the other person on whose behalf you are acting.

4. Your Obligations

4.1 You must provide true, current and complete information in your dealings with us and promptly update that information as required so that the information remains true, current and complete.

4.2 You must:

(a) not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, myWellabee or any Underlying System, or otherwise attempt to damage or interfere with myWellabee or any Underlying System; and

(b) unless with our agreement, access myWellabee via standard web browsers only and not by any other method.  Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

4.3 You must obtain our written permission to establish a link to myWellabee.  If you wish to do so, email your request to hello@mywellabee.com.

4.4 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms.

5. Intellectual Property

5.1 We (and our licensors) own all proprietary and intellectual property rights in myWellabee (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel ), and the Underlying Systems.

5.2 If you provide us with ideas, comments or suggestions relating to myWellabee or the Underlying Systems (together feedback):

(a) all intellectual property rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and

(b) we may use or disclose the feedback for any purpose.

6. Disclaimers

6.1 We are not a healthcare provider and we do not provide you with medical advice through myWellabee.

6.2 We do not warrant the accuracy, completeness, correctness, timeliness, or usefulness of any opinions, advice, sites, or other information provided through myWellabee.

6.3 You understand and agree that:

(a) the information contained on myWellabee is a guide only and is not intended to be, and you will not use it as, a substitute for professional medical advice or reading the labels on products

(b) the information posted on myWellabee has not been independently verified.  While we believe that this information was accurate at the time it was posted to myWellabee, you understand and agree that we do not warrant the accuracy of any of the information on myWellabee.

6.4 We provide no representation or warranty that any particular food suggested by us is or will be safe or appropriate for you. You must seek professional medical advice , and read the labels on products you purchase, to manage any food allergies or intolerances that you may have.

6.5 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

(a) myWellabee being unavailable (in whole or in part) or performing slowly;

(b) any error in, or omission from, any information made available through myWellabee;

(c) any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use myWellabee.  To avoid doubt, you are responsible for ensuring the process by which you access and use myWellabee protects you from this; and

(d) any site linked from myWellabee.  Any link on myWellabee to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

6.6 We make no representation or warranty that myWellabee is appropriate or available for use in all countries or that the content satisfies the laws of all countries.  You are responsible for ensuring that your access to and use of myWellabee is not illegal or prohibited, and for your own compliance with applicable local laws.

7. Liability

7.1 To the maximum extent permitted by law:

(a) you access and use myWellabee at your own risk; and

(b) we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, myWellabee, or your access and use of (or inability to access or use) myWellabee. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.  To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD10.

7.3 To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or connection with myWellabee, or your access and use of (or inability to access or use) myWellabee, must not exceed NZD10.

8. Privacy Policy

8.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of myWellabee available to you. For example, some features of myWellabee are only available if you set up an account on myWellabee.

8.2 When you provide personal information to us, we will comply with applicable privacy and data protection laws (including the New Zealand Privacy Act 2020 and our privacy policy at www.mywellabee.com.)

9. Suspension and Termination

9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to myWellaBee (or any part of it).

9.2 On suspension or termination, you must immediately cease using myWellaBee and must not attempt to gain further access.

10. General

10.1 If we need to contact you, we may do so by email or by posting a notice on myWellabee.  You agree that this satisfies all legal requirements about written communications.

10.2 These Terms, and any dispute relating to these Terms or myWellabee, are governed by and must be interpreted under the laws of New Zealand.  Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand about any dispute connected with these Terms or myWellabee.

10.3 For us to waive a right under these Terms, the waiver must be in writing.

10.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.4, 5, 6, 7, 10.1, continue in force.

10.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability, or invalidity.  If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.

10.6 These Terms set out everything agreed by the parties relating to your use of myWellaBee and supersede and cancel anything discussed, exchanged, or agreed before you agree to these Terms.  The parties have not relied on any representation, warranty, or agreement relating to myWellabee that is not expressly set out in the Terms, and no such representation, warranty, or agreement has any effect from the date you agreed to these Terms.

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