Waii Fondation Ltd. Terms & Conditions
When you register with Waii Fondation Ltd., we understand that you are choosing to place your mental health in our hands. We take that responsibility seriously. It therefore matters how you access our services and how we handle your information. We’d like to take this opportunity to explain what we are setting out to deliver as a company and what you can reasonably expect from us. Please take a few moments to read our terms and conditions.
Waii Fondation Ltd. and its affiliates (“Waii “we” or “us”) provide content and products through: www.waii.info (the “Website”), our applications (the “Apps”) or other delivery methods (the Website, the Apps and such content and products together are the “Product”). These Terms and Conditions (these “Terms”) govern your access to and use of the Products and Services. The term “Device” means the device used to access the Products or Services, including, but not limited to, computers, smartphones and tablets. The term “you” means the user of the Products or Services.
We are committed to protecting and securing any personal information you provide through the Products and Services. Please see our Privacy Policy for information about our privacy practices. You agree that your use of the Products and Services is also subject to our Privacy Policy.
You agree that the Products and Services are not intended for use in a medical emergency.
1. WHAT YOU’RE SIGNING UP FOR
1.1 PRODUCTS AND SERVICES
Products include mindfulness content for concentration and movement, among others. Services include mental coaching support and support therapy, among others. If you choose to access and use the services, your care can be provided.
1.2 GENERAL RULES FOR USE OR ACCESS
(a) When you order any products or services ("Order") or otherwise use or access the Products or Services, you agree to be bound by these Terms and all applicable laws, rules, regulations, court orders, executive orders or similar binding legal instruments ("Applicable Laws"). You may be asked to click "I Accept" before you purchase or access the Products and Services. You may not be able to complete your purchase or access the Products or Services if you do not click "I Accept". If you do not agree to these Terms, please do not use the Products or Services.
(b) These Terms and the relevant Order constitute the entire agreement between you and us for the provision of the Products and Services, unless expressly stated otherwise. For example, use of or access to certain Products or Services or other special offers may require you to agree to additional terms or policies, and such additional terms or policies are hereby incorporated into these Terms. If such terms or policies are inconsistent with these Terms, the additional terms or policies will govern.
(c) Please check that the information in these Terms and Conditions and in the relevant Order is complete and accurate before using or purchasing the Products or Services. If you believe there is an error in these Terms or in an Order, please contact us by email at contact@waii.info. We only accept responsibility for statements and representations made in writing by an authorized representative of Waii Fondation Ltd.
(d) Use of the Products and Services requires that you use a computer with appropriate software or a supported mobile device and access to the Internet. The maintenance and security of these devices may affect the performance of the Products and Services and it is your responsibility to ensure that the devices remain functional. You are responsible for all charges for accessing the Internet. Please check with your Internet service provider for possible charges for data usage on the Internet.
1.3 CHANGES TO TERMS
Waii Fondation Ltd. reserves the right to change or update these Terms or any of our policies or practices at any time. If a change to these Terms materially changes your rights or obligations, we may notify you and require that you accept the modified Terms in order to continue using the Products or Services. We may notify you of such changes via pop-up or push notifications within the Products or by email. By continuing to use the Products or Services after the change, you agree to be bound by the modified Terms.
2. JOINING THE WAII CLUB
2.1 BECOMING A MEMBER
(a) To access the Products or Services, you must register as a registered user (a "Member"). You may do this through our websites, our apps, or through certain third party services. If you join through a third party, the terms and policies of that third party may apply. To become a Member, you will be required to provide certain personal information, including your first and last name, email address, date of birth, and a password used in connection with that email address ("User Information"). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You may not register for more than one Member Account. To access or use certain Products or Services, you may be required to provide additional User Information.
(b) By registering as a Member and using and/or accessing the Products or Services, you represent and warrant that: (i) you are legally able to form binding contracts; (ii) all user information you submit is true, accurate, and current; (iii) you will maintain the accuracy of such information; and (iv) your use of the Products and Services does not violate these Terms or any applicable law.
(c) Member Accounts and Subscriptions (as defined below) are non-transferable. You agree not to sell, transfer or exchange any Member Account or Subscription in any manner or under any circumstances. This specifically applies to discounted, subsidized or free trials (as defined below) or subscriptions.
2.2 CHILDREN
Generally, our products and services are intended for individuals who are at least 18 years old. There are limited exceptions:
We do not support members under the age of 18. You may find references to content in our products that appear to be intended for children. This content is intended only for you to share with your child under your supervision, and your child will not be able to log in as a registered user.
2.3 ABONNEMENTS
(a) Free Trials.
You may be able to access a free trial period for certain products (“Free Trial Period”). Regardless of your subscription method, you may only use one Free Trial Period. We reserve the right to determine eligibility for Free Trials, which may depend on factors such as the product or service you select and whether you have previously redeemed a Free Trial. Free Trials will automatically convert to a paid annual or monthly subscription after a certain period of time. You may opt out of this automatic conversion by following the cancellation instructions set out in Section 3 prior to the conversion date.
(b) Automatic Renewal of Subscriptions.
Members may access the Products or Services through a paid subscription program (“Subscription”). Subscriptions may be available through monthly or annual options (“Subscription Term”). For purposes of our monthly and annual subscriptions, a month is equal to 30 calendar days and a year is equal to 365 calendar days. Subscriptions may be billed separately for Products and Services. When you activate a Subscription, you permit Waii Fondation Ltd. to bill you for any accrued amounts (“Subscription Fee”) on a recurring basis on or before the due date for the accrued amounts. On the day you purchase your first subscription to the Product or Service (“Subscription Billing Date”), your Account will automatically be charged for all applicable fees and taxes for the next Subscription Term. The Subscription will continue until you cancel your Subscription or Waii Fondation Ltd. terminates your Subscription or your Account.
(c) Subscription Cancellation.
You may cancel your subscription at any time. However, you must cancel your subscription before it renews to avoid the next recurring subscription fee being charged to your account. See Section 3 for more information on cancellation.
(d) No refunds for subscriptions.
Refunds for partial subscriptions cannot be requested. Waii Fondation Ltd. will charge the recurring subscription fee to the payment method you provided to us upon registration (or to a different payment method if you change your payment information) (“Payment Method”). You will only be able to access the Products and Services while your subscription is active and ongoing.
e) Subscription Methods.
You may purchase a subscription by: (i) purchasing a subscription to the products or services on the Site, within the Apps, where permitted by the App Marketplace Partners, (ii) through a Benefit Sponsor (as defined in Section 2.5), or (iii) through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple App Store or our iPhone application, the sale is irrevocable and we will not provide a refund. Your purchase will be subject to Apple's applicable payment policies, which may also not provide a refund. If you purchase a subscription through the Google Play Store, the sale is irrevocable and we will not provide a refund. Your purchase will be subject to Google's applicable payment policies, which may also not provide a refund. If your subscription is purchased through a Benefit Sponsor or one or more of our Bundle Subscription Partners, additional terms and policies may apply and your subscription may be paid, partially paid or managed by the Benefit Sponsor or Bundle Subscription Partner.
(f) Gift Subscriptions.
“Gift Subscriptions” are prepaid memberships to the Products. A person who purchases the gift is the “Gift Giver.” A person who receives and redeems a Gift Subscription is the “Recipient.” Gift Subscriptions are purchased by making a one-time upfront payment. The Gift Giver will receive an order confirmation and receipt after purchase. The Recipient will receive the Gift Subscription on the date specified by the Gift Giver, along with a gift code to redeem the Gift Subscription. Gift Codes can only be used once in the country for which they were purchased. They cannot be redeemed for cash, resold, or combined with any other offer, including free trial subscriptions, unless expressly stated otherwise. Please note that Gift Codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple App Store, our iPhone application, the Google Play Store, or our Android application. The payment method provided by the gift giver for purchased gift subscriptions will be automatically charged by us at the time of purchase, not upon delivery to or redemption by the recipient. There will be no refunds or other credits for gift subscriptions that are not redeemed. Waii Fondation Ltd. will notify the recipient of the impending expiration of the gift period prior to the end of the gift subscription. Waii Fondation Ltd. is not responsible if a gift subscription is lost, stolen or used without permission.
(g) Discounts.
Waii Fondation Ltd. may offer certain special discount options (the "Special Discount Options"). Such Special Discount Options are only available to Club Members. Waii Fondation Ltd. reserves the right to determine, in its sole discretion, whether you are a Qualified User. Additional terms and conditions may apply to such Special Discount Options.
You agree not to hold us responsible for any bank charges incurred as a result of any payments being made to your account. In the event that we do not receive payment via the payment method you have provided, you agree to pay all amounts due upon our request.
2.4 PAYMENT CONDITIONS
(a) You may be required to pay fees for using the Products and Services. We reserve the right to set the prices for the Products and Services. The fees you pay may depend on many factors. We will use reasonable efforts to keep the pricing information published on our website up to date.
(b) You are responsible for all applicable fees and charges, including applicable taxes, or as otherwise agreed in writing between the parties. Before you pay any fees, you may review and accept the fees you will be charged. In order to access the Products and Services, you may be required to provide your payment information. You agree to promptly notify Waii Fondation Ltd. of any changes to your payment method while there are outstanding payments. You authorize Waii Fondation Ltd. or a third party payment processor to charge all fees for the Products and Services, including any applicable taxes, to the payment method. If you pay fees using a credit card, we (or a third party payment processor) may request a pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has sufficient funds to cover your purchase.
(c) During your use of the Products or Services, Waii Fondation Ltd. and the third party payment processor may obtain and use updated credit card information from your credit card issuer to prevent your subscription from being interrupted by an outdated or invalid card. This information will be provided to Waii Fondation Ltd. and Waii Fondation Ltd's third party payment processor at your credit card issuer's sole discretion. Your credit card issuer may authorize you to decline the update service. If you so wish, please contact your credit card issuer. You agree not to hold us responsible for any bank charges incurred as a result of payments made to your account.
2.5 CHANGES TO FEES AND COSTS
We may change our subscription fees and plans or adjust the prices of our products and services or any component thereof in a manner and at a time we determine in our sole discretion. Unless expressly provided otherwise in these Terms, any price changes or changes to your subscription plan will be effective upon notice to you.
3. TERMINATION OF MEMBERSHIP
3.1 TERMINATION BY US
We may suspend or terminate your use of the Products and/or Services if you commit fraud or breach any obligation under these Terms. A breach of these Terms includes, but is not limited to, unauthorized copying or downloading of our audio or video content from the Products or Services or recording the Services. Such termination or suspension may be immediate and without notice.
Waii Fondation Ltd. will use reasonable efforts to provide you with seven (7) days' notice prior to terminating your access to the Products or Services.
3.2 CANCELLATION BY YOU
(a) You may cancel your subscription at any time. Cancellation of a monthly subscription will take effect at the end of the relevant monthly period and cancellation of an annual subscription will take effect at the end of the relevant annual period. To do so, please email contact@waii.info.
(b) Please note that if you purchased a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling the automatic renewal of paid in-app subscriptions by going to your Apple account settings, selecting Manage App Subscriptions and selecting the subscription you wish to change. If you purchased a subscription through the Google Play store, you may cancel the automatic renewal in your account settings under Subscriptions in the Google Play app or in accordance with Google Play's current process. If you purchase a subscription through Apple or Google, their additional terms may apply to you.
4. PROHIBITED USE OF THE PRODUCTS AND SERVICES
By using the Products and Services, you agree not to:
(a) copy, store, reproduce, transmit, modify, alter, reverse engineer, emulate, decompile or disassemble the Products or Services in any way or create derivative works of the Products or Services;
(b) use the Products or Services (or any portion thereof) to create a tool or software product that can be used to create software applications of any kind;
(c) upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or equipment directly or indirectly connected to the Products or Services;
(d) interfere with the servers or networks underlying or connected to the Products and Services, or violate the procedures, policies or regulations of networks connected to the Products or Services;
(e) access the Products or Services in any unauthorized manner, including violating any local, state, national or international law;
(g) conduct any fraudulent activity, including impersonating any person or entity when using the Products or Services;
(h) use the Products or Services for the purpose of scientific research, analysis or evaluation of the Products or Services without Waii Foundation Ltd's express written consent;
(i) rent, lease, loan, provide to the public, sell or distribute the Products or Services, in whole or in part, or use the Products or Services other than for your own personal use;
(j) violate or encourage others to violate the rights of any third party, including infringing or misappropriating any intellectual property rights of any third party;
(k) the access or Materials (as defined below) granted under these Terms or the right or ability to view, access or use any Materials;
(l) attempt to commit any of the acts described in this Section or otherwise prohibited by these Terms, or assist or permit any person to commit any of the acts described in this Section or otherwise prohibited by these Terms;
We have the right to immediately terminate your access to or use of our Products or Services if we believe, in our sole discretion, that you are engaging in any such conduct or that you are violating or attempting to violate any law.
By violating the provisions of this Section, you may commit a criminal offense under applicable law. We may report any such violation to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a violation, your right to use the Products and Services will cease immediately..
5. OWNERSHIP MATTERS
Waii Fondation Ltd. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to stream, download and use the Products and Services for personal, non-commercial use, subject to the restrictions set out in these Terms. The Products, including the source code for the Products and all information derived therefrom, are owned by Waii Fondation Ltd. and its licensors and suppliers and constitute their intellectual property (including, without limitation, a valuable trade secret).
5.1 COPYRIGHT
(a) All materials (including, without limitation, software and content, whether downloaded or not) included in the Products and Services ("Materials") are the property of Waii Fondation Ltd. (or our affiliates and/or third party licensors, as applicable), unless otherwise stated. The Materials are valuable property and you acquire no ownership rights in such Materials other than a specific and limited license to use such Materials. You may not use the Materials except as provided in these Terms and any other relevant terms made available to you without our prior written consent.
(b) Materials on or in the Products or Services are the property of Waii Fondation Ltd. or third party licensors and each such licensor shall be entitled, without prejudice to any other rights and remedies available, to enforce the relevant provisions of Section 5.1 directly against you.
(c) Waii Fondation Ltd. audio or video content that is not expressly marked as downloadable may not be downloaded or copied from the Products, Services or any Device.
(d) The Products and Services are not intended for your commercial use. We may remove commercial advertisements, affiliate links and other forms of solicitation without notice, which may result in termination of privileges. You may not use any part of the Materials for any commercial purpose without a written license from us. You may not copy, distribute, republish or transmit the Materials in any way without our prior written consent. Any unauthorized use or violation of these Terms will immediately and automatically terminate your right to use the Products and Services and you may be subject to legal liability. Any illegal or unauthorized use of the Products or Services may result in appropriate legal action.
(e) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transmit, create derivative works from, sell or otherwise exploit any content, code, data or materials contained in the Products or Services. If you use the Products or Services or any content, code, data or materials contained therein in any manner other than as provided above, you may violate copyright and other laws of the United States, other countries and applicable state laws and may be subject to liability for such unauthorized use. Waii Fondation Ltd. will exercise its intellectual property rights to the fullest extent of the law, including criminal prosecution.
5.2 TRADEMARKS
The Waii Fondation Ltd. logo and all other Waii Fondation Ltd. product or service marks are trademarks of Waii Fondation Ltd. All intellectual property rights, other marks, logos, images, product and company names displayed or mentioned on or in the Products and Services are the property of their respective owners. Nothing grants you a license or right to use, modify, remove or copy such material. Misusing any of the Marks displayed or mentioned on or in the Products and Services is strictly prohibited. Waii Fondation Ltd. will enforce its trademark rights to the fullest extent of the law, including criminal prosecution.
6. AVAILABILITY OF PRODUCTS AND SERVICES
While we endeavour to provide you with the best possible service, we cannot promise that the Products and Services will meet your requirements and we cannot guarantee that the Products and Services will be error-free. If there is a fault with the Products or Services, please notify us at contact@waii.info and we will investigate your concern and, if we deem it appropriate, correct the fault. If necessary, we may suspend access to the Products and Services while we correct the fault. We will not be liable to you if the Products and Services are unavailable for a commercially reasonable period of time.
Your access to the Products and Services may be restricted from time to time to allow for repairs, maintenance or the introduction of new services or products. We will restore the Products and Services as soon as possible. If the Products and Services are unavailable, our usual order and cancellation deadlines will apply; please notify us of any changes to your order by email to contact@waii.info.
We may change or discontinue, temporarily or permanently, any feature, component or content of the Products or Services at any time and without notice to you. We have the right to determine the timing and content of software updates that may be automatically downloaded and installed by us without prior notice to you. Except for a pro rata refund of any prepaid fees as set out in Section 3.1, you agree that Waii Fondation Ltd. will not be liable to you for any unavailability, modification, suspension or discontinuance of any feature or component of the Products and Services.
7. USER MATERIAL
7.1
The Products and Services may allow you to submit material to us, for example, you may be able to post comments or images in certain functions or features of the Product or Services. The term "User Material" means any publicly available material of any kind that you submit to us, including text, files, images, photographs, videos, sounds, and musical or literary works. User Material does not include the account information, purchase of products or services, or product or service usage information you provide when registering for and using products or services. If you review or submit User Material, you agree to do so in accordance with these Terms. If you do not wish to review or submit User Material in accordance with these Terms, you should not do so.
7.2
We do not systematically review all User Material submitted by you or other users. However, we reserve the right to monitor from time to time all information transmitted or received through the Products or Services for operational and other purposes. In the event that we choose at any time to monitor such information, we will not be responsible or liable for the content or for any loss or damage arising from the use of the content. During monitoring, information may be reviewed, recorded, copied and used in accordance with our Privacy Policy. We are not responsible for the content of any User Material provided by you or other users. We do not necessarily endorse the opinions contained in such material. We make no warranties or representations, express or implied, with respect to any User Material, including its legality or accuracy.
7.3
We reserve the right, in our sole discretion, to refuse to post, remove or edit any User Material or to restrict, suspend or terminate your access to all or part of the Products or Services, including if the User Material violates this section, and we may do so with or without prior notice to you.
7.4
We may link User Material or parts of User Material to other material, including material submitted by other users or created by Waii Fondation Ltd. or other third parties. We may use User Material for our internal business purposes, for example to research trends or categories, or to promote, market or advertise Waii Fondation Ltd. We may indirectly derive commercial benefit from the use of your User Material.
7.5
Whenever you submit User Material to us, you represent and warrant to us that:
(a) you own your User Material or have the right to submit it and, by submitting it, you will not violate any third party rights, including any intellectual property rights (such as copyright or trademark rights), privacy or publicity rights, confidentiality rights or contractual rights.
(b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourages conduct that could be considered a criminal offense, does not give rise to civil liability, violate any law or be otherwise considered inappropriate.
(c) Your User Material will not identify anyone under the age of 18 (including by name, address, photograph or video), and if your User Material identifies anyone over the age of 18, you have the consent of such person to be identified in your User Material in exactly that way; and when submitting your User Material, you will not impersonate any other person.
(d) You will not engage in any criminal or unlawful activity, such as fraud, spamming, spimming, sending viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets, or attempt to impersonate any other user or person.
(e) You will not engage in any automated use of the System, such as using scripts to modify our content.
(f) You will not access, tamper with or use any non-public areas of the Products or Services, Waii Fondation Ltd's computer systems or the technical delivery systems of Waii Fondation Ltd's providers.
(i) You will not attempt to probe, scan or test the vulnerability of the Products or Services or any other Waii Fondation Ltd. system or network or to breach any security or authentication measures, except as necessary to maintain your own computer security through the use of commercially available anti-virus or anti-malware products.
7.6
We have the right to identify you to any third party who claims that their rights have been infringed by User Material submitted by you
7.7
User Material will not be considered confidential. You agree that you will not submit any content as User Material in which you have any right of privacy. We do not claim ownership of User Material. However, by submitting User Material, you grant Waii Fondation Ltd. an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, transmit, copy, perform, display, edit, distribute and otherwise exploit all or any portion of the User Material you post on the Products, as well as any ideas, concepts or know-how contained in the User Material, with or without attribution, in any manner (including without limitation for commercial, advertising, trade, promotional or promotional purposes) and in any media now known or hereafter developed, and to create derivative works from, or incorporate into other works, such User Material, and to grant and authorize Sublicenses of the foregoing, without payment or other consideration to you or any third party. Waii Fondation Ltd. is entitled, and you agree, to indemnify Waii Fondation Ltd and its affiliates for all claims arising out of or in connection with any claim to rights in your User Material or any damages arising from your User Material.
7.8
All inquiries, feedback, suggestions, ideas and other information not related to your use of the Products and Services or User Materials that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, emailing or otherwise submitting any Submissions to the Products and Services, you grant, and you represent that you have the right to, Waii Fondation Ltd an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, transmit, reproduce, perform, display, edit, distribute and otherwise exploit the Submissions or any portion thereof and any ideas, concepts or know-how contained in the Submissions, with or without attribution, in any manner (including, without limitation, for commercial, advertising, trade, promotional or promotional purposes) and in any media now known or hereafter developed, and to create derivative works based upon, or incorporate into other works, such Submissions, and to grant and authorize Sublicenses of the foregoing without the need for payment of money or any other form of consideration to you or any third party. You further acknowledge that your Submissions will not be returned to you, and that Waii Fondation Ltd. has no obligation to acknowledge receipt of or respond to any Submission. When you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Waii Fondation Ltd. and its affiliates for all claims arising out of or relating to any claim of rights in any Submission or any damages resulting from any Submission.
8. THIRD PARTY TERMS AND CONDITIONS
8.1
We may occasionally contract with third parties to support the products or services we offer to you. In such cases, your use of the third party's products or services will be subject to their applicable terms and conditions and privacy policies, which will be presented to you when you use the product or service. In the event of a conflict between these Terms and the terms of use of a third party service provider we engage, the third party's terms will govern. We may change third parties at our sole discretion.
8.2
The Products and Services may be integrated with or made available in connection with third party products, services and content. As part of such integration, we may transfer your data to the relevant third party service. These third party services are not under our control and, to the extent permitted by law, we accept no responsibility for any third party service's use of your exported data.
8.3
We may provide you with links to other websites or services which you may access. Any access is at your sole discretion and for your information only. We do not review or endorse any of these third party websites or services. We are not responsible for: (a) the availability; (b) the privacy practices; (c) the content, advertising, products, goods or other materials or resources on or offered on such websites or services; or (d) the use by others of such other websites or services. Nor are we responsible for any damage, loss or offence caused or alleged to be caused by or in connection with use of or reliance on such websites or services.
8.4
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from a website that you do not own. The Products and Services must not be incorporated into any other website, nor may you create a link to any part of the Products and Services, unless you have the written consent of Waii Fondation Ltd. We reserve the right to withdraw linking permission upon written notice. The website from which you create a link must comply in all respects with Section 4. If you wish to use any material on or in the Products or Services other than as set out above, please submit your request to contact@waii.info.
9. RISK ASSUMPTION
Waii Fondation Ltd., by granting you the right to use the Products or Services, does not assume any obligation or liability with respect to your health or physical activity or condition.
Waii Fondation Ltd. shall not be liable under any circumstances for any death or personal injury you may suffer or cause to any third party in connection with the use of the Products or Services or any activity you may undertake in connection with them. As between you and Waii Fondation Ltd., you are solely responsible for your use of the Products and Services and your health and medical condition and the Applications related there to. Waii Fondation Ltd. shall not be liable for any unauthorized disclosure of your personal information caused by your actions or omissions.
Waii Fondation Ltd. is not a licensed medical care provider; does not offer advice or diagnosis, and has no expertise in determining the effect of any specific Application. We assume no responsibility for the reliability, effectiveness or proper use of any information generated through the Applications.
Assumption of Risk through TIMELINE Coaching
When you access and use our Timeline Coaching service, you will work with coaches who will provide you with personalized support.
Coach Services do not provide medical advice, professional clinical advice, or other clinical or psychotherapeutic services. None of the advice provided by the coaches, website, or products should be considered medical or clinical advice, and none of this information is intended to be medical or clinical advice. You should always consult with your doctor or other healthcare professional about diagnosis and treatment, including information about what medications or treatments may be appropriate for you. Do not disregard professional medical advice or delay in seeking professional advice simply because you have read information on our website or apps or received it from a coach. Do not stop taking any medication without speaking to your doctor or other healthcare professional. The information provided on our website, in the apps or through the coaches is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your doctor, nurse or other medical or clinical professional.
10. WARRANTIES AND DISCLAIMERS
10.1
The Products and Services and materials and content provided through the Products and Services are provided on an "as is" and "as available" basis. Waii Fondation Ltd. disclaims all warranties, express or implied, with respect to the Products and Services and content available through the Products and Services.
Any implied warranty of merchantability, fitness for a particular purpose, title, quiet use or non-infringement of third party rights.
Any warranty arising out of course of dealing, usage or trade. Waii Fondation Ltd. does not warrant that the Products and Services or any part of the Products and Services or any materials or content provided through the Products will be uninterrupted or free from errors, viruses or other harmful components. Waii Fondation Ltd. does not warrant that any of these problems can be corrected.
No advice or information, whether oral or written, available from Waii Fondation Ltd. products and services will create any warranty with respect to the products and services not expressly stated in these Terms.
You understand and agree that you use any part of the products and services at your own risk and that we are not responsible for any damage to your property (including your computer, mobile phone device used in connection with the service) or loss of data. The limitations, exclusions and disclaimers in this section apply to the maximum extent permitted by law.
10.2
Waii Fondation Ltd's mindfulness and movement content and coaching should not be considered medical care, medical device or medical advice. Only your doctor or other healthcare provider can provide medical advice. The advice and other materials we provide to you are intended to support, not replace, the relationship between you and your doctor. We accept no liability or responsibility for the consequences of reading or being informed of such advice or other materials, as you accept full responsibility for your decisions and actions. To the extent permitted by law, we specifically do not warrant the accuracy, completeness or suitability of the advice, other materials and information published as part of the Products and Services for any purpose.
10.3
To the extent you participate in the exercise content presented in the Products or Services, you represent and warrant that you are physically fit enough to perform such activities and that you do not have any disability or medical condition that would make such exercise dangerous. You should consult a licensed health care professional before starting or changing any exercise program, particularly if you have a previous injury, heart disease, high blood pressure, other chronic disease or other medical condition. You agree that Waii Fondation Ltd. has advised you of the need to do so.
11. CONSENT TO ELECTRONIC COMMUNICATION
Mail, text messages, push notifications and other electronic communication methods (“Electronic Communications”), such as posting notices on the Products or Services, enable Waii Fondation Ltd. to efficiently communicate with you in connection with the provision of our products and services, product information, appointment reminders and links to surveys.
By using the Products and Services, you agree to the use of electronic communications as an acceptable form of communication for receiving our products and services and product information. Text messages we send will be subject to your usual wireless carrier charges. You acknowledge that electronic communications may not be a completely secure means of communication and that it is possible that such communications may be accessed while stored or in transit. We limit the amount and type of sensitive information disclosed in unencrypted electronic communications consistent with our Privacy Policy.
Applicable law requires that some of the information or communications we send to you be in writing. You agree to communicate with us electronically and that most of your communications with us will be electronic. You agree that all agreements, notices, information and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You have the right to receive a paper copy of any communications. To receive a paper copy, please email us at contact@waii.info. Please be sure to tell us that you are requesting a copy of the specific communication.
If you want to change your email address or phone number, or change your preferences regarding email and text communications, please contact us at contact@waii.info. You may also contact contact@waii.info to opt out of receiving future communications. If you opt out of communications, it may affect your ability to use the products or services.
We reserve the right, in our sole discretion, to stop providing you with electronic communications or to terminate or change the terms on which we provide electronic communications. We will provide you with notice of such termination or change as required by law.
12. INTERNATIONAL USE
You are not authorized to access the Products or Services or their features from countries or territories where such access is illegal, prohibited or restricted, including without limitation sanctioned countries or territories.
13. GENERAL
13.1 ASSIGNMENT BY US
Waii Fondation Ltd. may assign its rights and obligations under these Terms to any company, firm or person at any time, provided that doing so does not materially affect your rights under these Terms. You may not assign your rights or obligations under these Terms to any other person. These Terms are personal to you and no third party will be entitled to the benefit of these Terms except as set out herein.
13.2 COMPENSATION
To the extent permitted by law, you are responsible for your use of the Products and Services, and you will defend and hold Waii Fondation Ltd., your provider (as applicable), and their respective officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Waii Entities”) harmless from and against any third party claims and all related liabilities, damages, losses and costs, including reasonable attorneys’ fees and costs, arising out of or related to:
(a) your unauthorized or improper use of the Products or Services;
(b) your breach of any part of these Terms, any representation, warranty or agreement referred to in these Terms, or any applicable law;
(c) your violation of any third party rights, including without limitation any intellectual property rights or rights of publicity, confidentiality, other proprietary or privacy rights; or
(d) any dispute or issue between you and any third party. The foregoing indemnification obligation is conditioned upon a Waii Fondation Ltd. Coach's prompt written notice to you of any such claim, demand, action, or proceeding; provided that failure to so notify you will not affect your indemnification obligation unless it is materially impaired thereby. We will have 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 with respect to such matter), in which case you agree to cooperate with our defense of such claims.
13.3 NO WAIVER
If we delay in exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure shall not constitute a waiver of that right or of any other rights under these Terms.
13.4 FORCE MAJEURE
We shall not be liable to you for any failure to perform, unavailability or failure of the Products and Services or for any failure or delay in our performance of these Terms where the failure, unavailability or failure is due to any cause beyond our control.
13.5 NOTICES
Unless expressly stated otherwise, any notices you give to us should be addressed to Waii Fondation Ltd. at contact@waii.info . We may give notice to you via the email address you provided to us during registration or by any other means specified in these Terms. Notices will be deemed received and duly delivered when they are affixed to the Products or an email or other electronic communication is sent. In proving the delivery of a notice by email, it will be sufficient evidence that such email was sent to the recipient's specified email address.
13.6 ENTIRE AGREEMENT
These Terms and any additional terms or policies expressly referred to in these Terms constitute the entire agreement between us and supersede all prior oral or written discussions, correspondence, negotiations, prior understandings, agreements or arrangements between us in relation to the Products and Services. Each of us acknowledges that neither of us has relied on any representation or warranty (whether made innocently or negligently) which is not contained in these Terms or in the additional terms or policies expressly referred to in these Terms and that neither of us has any remedy in respect of it. Each of us agrees that our only liability in connection with the representations and warranties contained in this Agreement (whether made innocently or negligently) is for breach of contract. Nothing in this section limits or excludes any liability for fraud.
13.7 THIRD PARTY RIGHTS
A person who is not a party to these Terms has no rights under or in connection with these Terms.
Waii Fondation Ltd. located in
20 Wenlock Road, London N1 7GU
Last updated: Dezember 18, 2024
