1. GENERAL INFORMATION
1.1 Wellful PRODUCTS
These Terms & Conditions are the conditions on which we supply content, products or services listed on the Kajabi platform, www.wellful.com.au (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services, and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Wellful).
1.2 BASIS OF LICENSE
(a) These Terms and Conditions set out the whole agreement between you and us for the supply of the Products.
2. REGISTRATION & USE
2.1 You may use the Website and/or Application to view information and material and participate in Products.
2.2 In order to subscribe to use the Products, you will need to register as a user (Registered User) and create an account (Account).
2.3 You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilise the Products only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms.
2.3 You may only use the Website and Application: (i) for personal use; (ii) as part of a program provided by Wellful.
2.4 You may access the Website and Application at any time unless we have restricted access to perform necessary maintenance, updates or upgrades.
2.6 You acknowledge that you have no rights in, or to, the Website or Application or technology used to support the Website or Application, other than the right to use the Website and Application in accordance with the Terms and Conditions.
3 CANCELLATION BY US
We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorised copying or download of our audio or video content from the Products.
4. PROHIBITED USE OF THE PRODUCTS
4.1 You agree not to 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, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorised manner.
5. INTELLECTUAL PROPERTY
5.1 The Website and Application contains intellectual property including trademarks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.
5.2 All intellectual property in the Website and Application is owned by Wellful or its licensors and unless permitted by law, you must not:
(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website or Application; or
(b) commercialise any information, products or services obtained from any part of the Website or Application without our prior written consent.
6. AVAILABILITY OF PRODUCTS
6.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault-free.
7. THIRD-PARTY WEBSITES AND APPLICATIONS
7.1 The Website and Application may contain links to websites and applications owned and operated by third parties. We are not responsible for the operation, security levels, content or any other aspect of any third-party websites and mobile applications.
7.2 Links to third party websites and mobile applications are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services.
8. PRODUCTS DISCLAIMER
The information contained in the Products is for general information purposes only. While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
9. MEDICAL DISCLAIMER
9.1 Wellful is a provider of online and mobile meditation, mindfulness, sleep and movement content in the health & wellness industry. We are not a health care or medical device provider, nor should our Products be considered medical advice. Wellful makes no claims, representations or guarantees that the Products provide a physical or therapeutic benefit.
9.2 Any health information and links on the Products, whether provided by Wellful or by contract from outside providers, is provided simply for your convenience.
9.3 To the extent that you participate in any movement content featured in the Products, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake, especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that Wellful has advised you of the necessity of doing so.
9.4 Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
9.5 There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should please speak with their health care providers before starting a meditation practice.
We are not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Wellful makes no claims, representations or guarantees that the Products provide a physical or therapeutic benefit.
11. END USER LICENSE
11.1 Subject to the terms of this license agreement (“License Agreement”), as set out in this Section 11, and these other Terms, and your payment of applicable subscription fees, Wellful grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products.
12.1 By creating an Account, you warrant and agree that:
(a) you are a Registered User;
(b) all Products you subscribe to are for: (i) your own personal use; (ii) use in connection with a workplace program provided by Wellful.
(c) you are responsible for any error, omission or cost arising from a failure or delay to provide all information necessary to create an Account or use a Product;
(d) you will keep your Account details including your username and password confidential and secure;
(e) you will be solely responsible for all use of your Account and any Sub-Account created.
13. LIMITATION OF WELLFUL’S LIABILITY
(a) We will use reasonable endeavours to remedy faults in the Products. If we fail to comply with these Terms, your sole and exclusive remedies and our entire obligation and liability to you will in no circumstances exceed the actual amount paid by you for the Products in question. In addition, we will not be liable for:
14. ELECTRONIC COMMUNICATIONS
(a) Applicable laws require that some of the information or communications we send to you should be in writing. When using the Products, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
15. CHOICE OF LAW
For further information on using the Website and Application, please contact Wellful at [email protected]