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All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PLATFORM.
Subject to your compliance with these Terms, WellyBox hereby grants you a limited, non-sublicensable, non-transferable, and revocable license to access the Platform on compatible devices that you own or control, solely for your own use, and only in a manner that complies with all legal requirements that apply to you or your use of the Platform. WellyBox may revoke this license at any time, in its sole discretion. WellyBox reserves all rights not expressly granted to you. You may not modify, alter, reproduce, distribute or make the Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Platform. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates to the Platform, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.
You must be at least 18 years old to use the Platform. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least 18 years old; (2) That you have not previously been suspended, banned, or removed from the Platform; and (3) That your registration and your use of the Platform is in compliance with any and all applicable laws and regulations. Some features of the Platform may require you to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. We may require you to provide information that may be used to confirm your identity and help ensure the security of your account. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us by email at email@example.com. WellyBox will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by WellyBox or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. Note that your use of the Platform may incur third-party fees, such as fees charged by your mobile data carrier for data usage, and may be subject to third-party terms, such as your carrier’s terms of service. You are responsible for paying for any such fees and for abiding by all such terms.
Order Acceptance and Payments
You authorize WellyBox to charge all sums for orders that you make to the payment method designated in your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account or decline to process your order. WellyBox reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent, and to charge you the full order amount, including any WellyBox fees..
Refunds and Credits
Charges paid by you are final and non-refundable. WellyBox has no obligation to provide refunds or credits. WellyBox, in its sole discretion, may provide consumers with refunds or credits, or make promotional offers with different features and different rates to any consumers, which are subject to these Terms.
If your account is cancelled, you may forfeit any pending, current, or future credits or promotional offers and any other forms of unredeemed value in or associated with your account without prior notice to you.
If you cancel your order, you may be charged depending on what stage the order was in when you cancelled. You will be notified of any applicable charges before you complete your cancellation.
When you install our mobile app on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
You agree to not engage in, and not assisting others to engage in, any of the following acts:
The Platform, and the media and materials contained in the Platform, including all intellectual property rights in the Platform, are the sole and exclusive property of WellyBox, its licensors, respectively. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by WellyBox in these Terms are expressly reserved.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of WellyBox, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Platform, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
WellyBox’s copyright agent can be reached as follows: firstname.lastname@example.org Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please contact us via our Help Center. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may provide you with links to third party websites, third-party materials or access to third party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such links, materials, or tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. WellyBox has no responsibility or liability for your use of these third-party websites, and any use by you is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms associated with such third-party websites or tools.
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Platform or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY WELLYBOX TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WELLYBOX MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM. WELLYBOX DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE PLATFORM OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WELLYBOX’ PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
IN NO EVENT SHALL WELLYBOX’S AGGREGATE LIABILITY EXCEED THE WELLYBOX FEES ACTUALLY PAID BY YOU TO WELLYBOX IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $50, WHICHEVER IS LESS. IN NO EVENT SHALL WELLYBOX AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF WELLYBOX AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING RESIDENTS OF NEW JERSEY
IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO CALIFORNIA CIVIL CODE SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.
You are responsible for your use of the Platform, and you agree to defend (at WellyBox’s option), indemnify, and hold harmless WellyBox and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (ii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iii) any dispute or issue between you and any third party, including any third-party. WellyBox reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, WellyBox may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim that you are defending on behalf of WellyBox without WellyBox’s prior written consent. This provision does not require you to indemnify WellyBox for any unconscionable commercial practice by such party, or for such party’s gross negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Platform. You agree that the provisions in this section will survive any termination of your account, these Terms, or your access to the Platform.
These Terms are effective unless and until terminated by either you or us. You may terminate by deactivating your account or stopping use of the Platform. We are also free to terminate (or suspend access to) your use of your account or the Platform, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, and any terms regarding ownership or intellectual property rights.
Except as explicitly described in the Dispute Resolution and Arbitration section, we reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Platform, except as set forth below. These Terms identify the date of last update. Except as explicitly described in the Dispute Resolution and Arbitration section, your use of the Platform following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to these Terms, we will make reasonable efforts to notify you of the change, such as through sending an email to the address you may have used to register for an account, through a pop-up window on the Platform, or other similar mechanism. We reserve the right in our sole discretion to determine how to notify of any material changes to these Terms. You acknowledge and agree that if WellyBox modifies any provision of these Terms (including any information referenced at hyperlinks), other than the Dispute Resolution and Arbitration section herein, you will not have a renewed opportunity to opt out of arbitration. You further acknowledge and agrees that unless the Dispute Resolution and Arbitration section herein is materially different from any prior arbitration provision with WellyBox to which you may be bound, your acceptance of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable). Except as explicitly described in the Dispute Resolution and Arbitration section, material changes to these Terms will be effective upon the earlier of: (1) Your first use of the Platform with actual notice of such change, or (2) thirty (30) days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
Entire Agreement. These Terms constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice. Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No Third-Party Beneficiaries. These Terms are not enforceable by or for the benefit of any third party. Assignment. You may not assign, delegate or transfer these Terms, your rights or obligations hereunder, or your account, in any way without WellyBox’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent. Force Majeure. WellyBox shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Choice of Law. These Terms and any dispute of any sort that might arise between you and WellyBox will be interpreted in accordance with the law of the state of New York, without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim (except for enforcing the Indemnification provision above) arising out of or related to the Terms and/or Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey. Notice. Where WellyBox requires that you provide an email address, you are responsible for providing WellyBox with your most current email address. In the event that the last email address you provided to WellyBox is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, WellyBox’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to WellyBox at the following address: email@example.com. Such notice shall be deemed given when received by WellyBox by letter delivered not WellyBox at the above address postal address and email address.
Waiver. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. Section Titles. The headings used in the Terms are included for convenience only and will not limit or otherwise affect these Terms. No Agency. No joint venture, partnership, employment, or agency relationship exists between you, WellyBox or any third-party provider as a result of the Terms or use of the Platform.
If you require assistance, you can call our customer support team by email at firstname.lastname@example.org.