Wellgenda Terms of Use

Effective Date: August 31, 2024

Welcome to Wellgenda. We’re glad you’re here. Make yourself comfortable and enjoy your experience, but please follow our house rules. These Terms of Use (“Terms”) govern your use of Wellgenda’s websites, mobile apps, APIs, and other related services (collectively, the “Services”).

1. Acceptance of These Terms

These Terms constitute a legally binding contract between you and Wellgenda. By accessing or using our Services, you agree to be bound by them. If you do not agree, you may not use our Services.

You must be at least 18 years old to use our Services. Users between 13 and 18 may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Children under 13 are not permitted to use Wellgenda.

2. Additional Documents That Apply

These Terms incorporate by reference the following policies:

  • Privacy Policy

  • Cookie Policy

  • Community Guidelines

  • Seller Guidelines (for those listing items)

  • Buyer Guidelines (for those making purchases)

  • Intellectual Property Policy

  • API Terms of Use (for developers)

These documents form part of the legal agreement between you and Wellgenda, so it’s important that you read and understand each one that applies to your activities.

3. Your Privacy

We take your privacy seriously. Our Privacy Policy explains how we collect, use, and share your personal data when you use our Services. By using the Services, you agree to the practices described in the Privacy Policy.

Both Wellgenda and individual sellers may act as independent data controllers for user data. If a seller misuses data, that seller is independently responsible for any resulting legal or regulatory consequences.

4. Your Account

To access certain features of the Services, you may be required to register for an account. When you create an account, you agree to:

  • Provide accurate and up-to-date information

  • Maintain the security of your login credentials

  • Accept full responsibility for all activities under your account

You may not use false information or impersonate another person or entity. If you create an account on behalf of a business, you confirm that you are authorized to bind the business to these Terms. Account ownership is not transferable.

5. Your Content

You own the content you submit to Wellgenda, such as shop names, images, listings, reviews, messages, and more. However, by submitting content to the Services, you grant Wellgenda and its affiliates a worldwide, non-exclusive, royalty-free license to use, copy, modify, distribute, and display that content in connection with operating and promoting the Services.

You are solely responsible for Your Content. You agree that you will not submit any content that:

  • Violates any laws or third-party rights

  • Contains false or misleading information

  • Is offensive, defamatory, obscene, or abusive

We reserve the right to remove or disable access to any content that violates these Terms or our policies.

6. Your Use of Our Services

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to the following restrictions:

You agree not to:

  • Violate any applicable laws or regulations

  • Engage in fraudulent, deceptive, or abusive conduct

  • Upload viruses, malware, or attempt to harm Wellgenda systems

  • Use bots, scrapers, or other automated means without permission

  • Infringe on intellectual property or other proprietary rights

You are also responsible for paying any applicable fees or taxes related to your activity on Wellgenda.

7. Termination

You may terminate your account at any time. Wellgenda may suspend or terminate your access to the Services if we believe you’ve violated these Terms or our policies, or engaged in harmful conduct.

Termination may result in loss of access to content, data, or other account-related information. Some provisions of these Terms will survive termination, including licenses granted to Wellgenda, limitations of liability, and dispute resolution clauses.

We may change, suspend, or discontinue any part of the Services at any time without notice or liability.

8. Warranties and Limitations of Liability

The Services are provided “as is” and “as available” without warranties of any kind, express or implied. To the maximum extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

You understand that Wellgenda does not manufacture or inspect any items sold through the platform. Any legal claims related to items must be directed to the seller, not Wellgenda.

We are not liable for:

  • User-generated content

  • Disputes between users

  • Third-party products or services

  • Service interruptions or technical issues

Our total liability to you will not exceed the greater of $100 or the amount paid to Wellgenda in the last 12 months.

9. Indemnification

You agree to indemnify and hold harmless Wellgenda, its affiliates, and their officers, directors, and employees from any claim, demand, or expense (including attorneys’ fees) arising from your:

  • Breach of these Terms

  • Misuse of the Services

  • Violation of any law or third-party rights

  • Content you submit or display on the Services

10. Disputes Between Users

Wellgenda encourages users to resolve disputes amicably. In some cases, we may offer support, but we do not guarantee resolution and are not obligated to intervene.

You release Wellgenda from liability for any claims or damages arising from disputes with other users.

11. Dispute Resolution and Arbitration Agreement

You and Wellgenda agree to resolve disputes through binding individual arbitration, unless otherwise required by law. This means that you waive the right to a jury trial or to participate in class actions.

Before initiating arbitration, both parties must attempt informal resolution. If unresolved, arbitration will take place in English and may be conducted remotely. Arbitration shall be conducted in accordance with rules from a recognized arbitration body mutually agreed upon by both parties.

Certain exceptions apply, including claims brought in small claims court or concerning intellectual property rights.

12. Changes to These Terms

We may modify these Terms from time to time. We will notify you of material changes via email or on the platform. Continued use of the Services after changes take effect constitutes acceptance.

You may terminate your account if you do not agree to the updated Terms.

13. Entire Agreement and Severability

These Terms, along with the policies referenced herein, constitute the entire agreement between you and Wellgenda regarding the Services. If any part of the Terms is found unenforceable, the remainder will continue in full force.

Failure to enforce any provision shall not constitute a waiver of that or any other provision.

14. Contact Us

If you have any questions about these Terms, please contact us through our official website: