TERMS & CO.
Common Ground is the foundation of any healthy
WELCOME TO OUR
TERMS & CO. PAGE!
LAST UPDATED - 25TH APRIL 2020
Usually these pages are quite boring and a pain in the "-" to read, so at WakeUp to Life we tried to make it as concise and as easy as possible to navigate. How? by allowing you to jump to any specific sections at any time!
May you all find some form of enjoyment in reading this ;)
WHAT IS TERMS & CO.?
A VERY LONG TEXT ABOUT CONDITIONS
We are really excited to have you join WakeUp to Life. Thank you for choosing to rise with us and for using the Platform.
Below we have listed important legal terms that apply to anyone who visits our website or uses our App. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone.
We understand that legal terms are not always the most exciting thing to read, so we hope you won't fall asleep. To make it a bit easier, we created a Table of Content, so you can jump a specific section at any time! Thank you again for taking the time to read this.
Privacy is the ability of an individual or group to seclude themselves or information about themselves.
1.1. Our Purpose
Our services offer our users the ability to easily access enlightening content on the web and have an overall great experience doing so. As detailed below, we offer our users numerous links and contents to help them on their journey of Self-discovery. The online and mobile websites and App created by WakeUp to Life are collectively referred to herein as (“Platform”, "Service(s)", "SWApp", "Site"). The company WakeUp to Life Ltd is collectively referred to herein as ("WTL").
1.2. Legal Agreement
The WTL Terms constitute a binding and enforceable legal contract between Wakeup-tolife.com Ltd and its affiliated companies and subsidiaries worldwide (“Wakeup”, "WTL", “us” or “we”) and you in relation to the use of any WTL Services - so please read them carefully.
WTL may amend these terms at any time by posting changes on the Site. If you use the Site (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms. WTL will include on the Site the date on which it last made amendments to these terms.
1.3. Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Platform. We may experience delays in updating information coming from other web sites. The information found on the Platform may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or no longer available on the Third Party's website and we cannot guarantee the accuracy or completeness of any information found on the Platform.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
02. YOUR OBLIGATIONS
2.1. You represent and warrant that:
you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the WTL Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the WTL Terms;
you are not a resident of (or will use the WTL Services in) a country that the European Union and/or the U.S. government has embargoed for use of the WTL Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
you understand that WTL does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
2.2. You undertake and agree to:
fully comply with all applicable laws and any other contractual terms which govern your use of the WTL Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
be solely responsible and liable with respect to any of the uses of the WTL Services which occur under your Member Account.
2.3. You undertake and agree not to:
copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the WTL Website, the WTL Services (or any part thereof), any Content offered by WTL or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without WTL’s prior written and specific consent and/or as expressly permitted under the WTL Terms;
submit, transmit or display any Member Content, or use Licensed Content in a context, which may be deemed as defamatory, libellous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of WTL or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
upload, insert, collect or otherwise make available within the WTL Website or the WTL App (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the WTL Platform (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the WTL Platform to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the WTL Platform;
act in a manner which might be perceived as damaging to WTL’s reputation and goodwill or which may bring WU into disrepute or harm;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use WTL or WTL Marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the WTL Platform and/or SWApp, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to WTL and/or any End Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that WU or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
reverse look-up, trace, or seek to trace another User of WTL Platform, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the WTL Platform and/or SWApp without their express and informed consent;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the WTL Platform, the account of another User(s), or any other systems or networks connected to the WTL Platform, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the WTL Platform or any network connected to the WTL Platform;
use any of the WTL Platform and/or SWApp in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
access to WTL Platform, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the WU Platform and/or Licensed Content; or
violate, attempt to violate, or otherwise fail to comply with any of the WTL Terms or any laws or requirements applicable to your use of the WTL Platform.
access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Member Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
03. CONTENT & OWNERSHIP
3.1. WTL's Intellectual Property:
All rights, title and interest in and to the WTL Platform, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the WTL Platform, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to WTL. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Wakeup-tolife.com Ltd.
In addition to the above, certain artwork, graphics, images and widgets, literary work, source, applications, audio, music, video and other media, documentation, derivatives and versions thereof made available to you within the WTL Platform, belong to third party providers, and are therefore subject to additional license terms of such providers.
3.2. Third Parties:
The WTL Services enable you to engage through links with third party web sites or services that are not owned or controlled by Wakeup-tolife.com Ltd.
Wakeup-tolife.com ("WTL") has no control over, and assumes no responsibility for the content, accuracy, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain WU Services, offered separately by WTL or persons certified or authorized by WTL, or otherwise offered anywhere on the WU Services), Wakeup-tolife.com Ltd merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
WTL will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.
Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
3.3 Misconduct & Abuse
When using the WTL Services, you may be exposed to other Platforms, Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against WTL with respect thereto.
You agree that your report shall not impose any responsibility or liability upon WTL, and that WTL may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
05. DISCLAIMER OF WARRANTIES
Your use of the Platform is at your sole risk. WTL does not warrant the accuracy of the content which you access through this Site. The content on the Platform is provided on an “AS IS” and “AS AVAILABLE” basis. The WTL Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance - all to the fullest extent permitted by law.
Wakeup-tolife.com Ltd, its subsidiaries, affiliates, and its licensors do not warrant that a) the Platform will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the WTL Services – so please be sure to verify those before using or otherwise engaging them.
You acknowledge that there are risks in using the WTL Services and/or connecting and/or dealing with any Third Party Services through or in connection with WTL Services, and that WTL cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
06. LIMITATION OF LIABILITY
To the fullest extent permitted by law in each applicable jurisdiction, WTL, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the WTL Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the WTL Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the WTL Services; (6) events beyond the reasonable control of WTL, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of WTL Services; (8) any conduct or content of any third party on the Service; (9) any content obtained from the Platform.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for WTL's services to you, and such limitations will apply even if WTL has been advised of the possibility of such liabilities.
7.1. Changes & Updates
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
You agree that WTL will not be liable to you or to any third party for any modification, suspension or discontinuance of those WTL Services.
7.2. Governing Law & Jurisdiction; Class Action Waiver
These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Subject to any applicable law, all disputes between you and WTL shall only be resolved on an individual basis and you shall not have the right to bring any claim against WTL as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
7.3. Governing Law & Jurisdiction; Class Action Waiver
The WTL Terms, and your use of the WTL Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between WTL and you.
WTL may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the WTL Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of WTL. Any attempted or actual assignment thereof without WTL's prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section shall not in itself grant either WTL or you the right to cancel any WTL Services or Third Party Services then in effect.
7.5. No Advise
Content included on the Platform is prepared as general information only. It is not advice and should not be substituted for personal advice which takes into account your individual health, financial or other circumstances.
If you have any questions regarding these terms, please contact us:
phone: 0475 882 447
1) The Membership contracts entitle the user to a treatment and discounts for the duration of its validity.
2) The Membership contracts only entitle the authorised member to attend classes, and in that member's absence, cannot be transferred.
3) All membership monthly payments will be paid in full in advance. Going forward, the membership payment will be debited either from a credit card or debit card on the same day every month. Your membership month is payment date to payment date.
4) If you are unable to use your monthly treatment, it can roll up to the next month in a limit of two treatments per month. If treatments are not used within the two months period they will be forfeited and the new monthly period will commence.
5) You may cancel your appointment without charge if 24 hours' notice is given.
6) Same day cancellations will incur a late cancellation fee of 50% of full massage price.
7) Non-attendance or “no-show” results in a forfeit of one prepaid.
8) The Membership contracts may be transferred into the name of another partner permanently, if agreed by WTL and all other involved parties.
9) The Membership contracts enable a direct debit every month with a one off $15 set up fee the first month.
10) The Membership contracts continue each month unless formally cancelled by email (firstname.lastname@example.org) by the member. There is a minimum one month notice period for any cancellations. This means upon receiving your request for cancellation, a minimum of one monthly payment will be deducted before contract is fully terminated.
11) The Membership contracts cannot be paused or suspended, unless agreed upon by WTL on a case by case basis.
12) The Membership contracts entitle the user to attend all classes listed on the WTL timetable but does not entitle the member to attend workshops or events at a discounted price.
13) Members are asked to advise Wake Up To Life of any change to their personal details via email at email@example.com or in person. This includes: change of residential address, email address, phone number or any change in their credit card or account information prior to the next Auto-Pay date.
14) If a payment declines due to card issues, security or funding issues, a dishonour fee of $10 is charged for the cost of resolving the issue. We will need to be provided with any alternative updated details within 7 days.
15) Wake Up To Life reserves the right to change studio rules, regulations and pricing at any time upon reasonable notice.
16) All members agree to follow the Lab rules and regulations including massage terms & conditions and accept that the Lab has the right to refuse or discontinue membership to any member for any reason.
17) Membership will be placed on pause only in the instance where Wake Up To Life is directed by the Government to cease business for more than 7 days.