TERMS AND CONDITIONS OF USE
The Wellness Quo
Greetings from The Wellness Quo (the “Platform”), operated by The Wellness Quo Pte. Ltd. (the “Company”, “we”, “our”, or “us”).
By accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement. If you desire to revoke your agreement to the terms herein, you must immediately stop using the Services and cancel your account on the Platform altogether.
This Agreement will remain in full force and effect while you use the Services. The Company reserves the right to terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion.
This Agreement may be modified by the Company from time to time. We will try to notify you of material revisions, for example via a notice on our Platform or an email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the new Agreement. If you do not agree to the new Agreement, you must stop accessing or using the Services.
Usage of Services
To use the Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party.
You also agree that you are solely responsible (to the Service and to others) for the activity that occurs under your account, such as the content, details, information, photographs or videos that you post, upload, publish, link to, transmit, record, display or otherwise make available on the Services (collectively, “Content”).
If you are a practitioner, you will need to submit scanned PDF copies of your certification and qualifications as well as customer reviews. Your application to use the Platform will be subject to our review and approval. We will have the sole and absolute discretion to approve or reject your application and our decision will be final.
Fees and payments
We operate on a commission model where we assess a percentage of fees on payments made by clients to practitioners on the Platform:
We charge a one time booking fee of $30 on the first regular session booked and 8% on subsequent sessions selected and booked by a customer and the service is completed via a scheduled video appointment with him/her. Alternatively, there are fees of 10% on workshops and retreats and 20% on E-product sales.
We reserve the right at any time to change our fees at our sole discretion and upon reasonable notice posted in advance on the Platform or by email delivery to you.
If you wish to book a video appointment with a practitioner through the Platform, you may be asked to supply certain information relevant to your purchase/booking including but not limited to your credit card number, the expiration date of your credit card, and your billing address.
You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase/booking, and that the information you supply is true, correct and complete.
The Platform may employ the use of third party services (“Designated Payment Methods”) for the purpose of facilitating payment and the completion of purchases/bookings. Accordingly, you represent and warrant that there are sufficient funds or credit to complete the booking using the Designated Payment Method on our Platform.
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Platform are accurate, there may be instances where errors may occur. In such a case, we reserve the right to refuse or cancel your booking at any time for reasons including but not limited to service availability, errors in the description or price of the service, error in your booking, or if any unauthorized or illegal transaction is suspected, or other reasons.
Client and practitioner relationship
The Services provided herein by us are only to facilitate the engagement between a client and a practitioner. The services that the practitioner provides to the client is pursuant to a direct relationship between the practitioner and the client, and is distinct and separate from the Services. The client agrees to engage/book the practitioner and the practitioner agrees to provide the services in accordance with this Agreement. Any agreement entered into in conflict with this Agreement is therefore void. The client and the practitioner agree to act in good faith in the performance of their obligations under this Agreement.
You hereby represent, warrant and/or undertake the following:
You must be at least 18 years old or the minimum legal age in your country to use the Services. Otherwise, you may only use the Services with the consent of your parent or legal guardian;
You must not impersonate any person or entity, or otherwise misrepresent you or your affiliation with any person or entity on the Platform;
You must not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose on the Platform. For the avoidance of doubt, you must not make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any portion thereof or determine or attempt to determine any source code, algorithms, methods or techniques embodied the Platform or any derivative works thereof;
You must not distribute, license, transfer, or sell, in whole or in part, any of the content of the Platform or any derivative works thereof;
You must not do anything (or attempt) to interfere/tamper with, disrupt or impair the intended operation of the Services, disrupt our website or any networks connected to the Services/Platform, or bypass/circumvent any measures we may use to prevent or restrict access to the Services;
You must not attempt to create accounts or access or collect information in unauthorised ways including creating accounts or collecting information in an automated way on the Platform without our express permission;
You must not post private or confidential information or do anything on the Platform that violates someone else's rights, including intellectual property;
You must not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on the Platform;
You must not, at any time during the term of this Agreement and for a period of twenty-four (24) months thereafter, contract with or offer to contract with, either directly or indirectly, any person whom you come into contact with on the Platform in a practitioner and client relationship. You must not, at any time during the term of this Agreement and for a period of twenty-four (24) months thereafter, in any way whatsoever circumvent the Platform and our Services.
You must not use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting shill reviews; or
You must not use the Platform to upload, transmit, distribute, store or otherwise make available in any way:
- files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- any unsolicited or unauthorised advertising, solicitations, or any other prohibited form of solicitation;
- any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers;
- any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;
- any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
- any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
- any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
- otherwise any material that, in the sole judgment of the Platform, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose the Platform, the Services or its users to any harm or liability of any type.
Monitoring of Content
You consent to us monitoring or reviewing any Content you post as part of the Services. We reserve the right to delete any Content, in whole or in part, or disable your user account at any time without prior notice, that in our sole judgment violates this Agreement, harms the reputation of the Services or the Company, or infringe or violate any third party rights, or otherwise violate any applicable laws or regulations.
By posting Content as part of the Services, you grant the Company, its subsidiaries, its affiliates, related companies, licensees and successors, an irrevocable license to use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content.
Intellectual Property Rights
The Company owns (and is entitled to enforce) all proprietary rights in the Service, and in all content, copyright, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains copyrighted material, trademarks, and other proprietary information of the Company and its licensors. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
You must not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Unless indicated otherwise, all content, images and graphics, video, audio, information, links, and other material and files (collectively, “Material”) found on this Platform are protected by copyright, trademark and other proprietary rights. You expressly agree not to copy, reproduce, download, modify, edit, use, publish, transmit, reproduce in whole or in part, directly or indirectly, any Material on this Platform without the prior written consent of the Company. You further agree to comply with all copyright, trademarks and other proprietary rights by any third parties that you may access from this Platform. The Company will not be held responsible for any copyright, trademark or proprietary rights infringements caused by third party material accessed on the Platform.
We do not offer medical advice. We will be a facilitator in this entire engagement and at no point do we provide advice to users/customers/clients or proclaim responsibility for “healing” or “curing” the same. The content, including all text, graphics and other information, displayed on the Platform is for informational purposes only and does not in any way constitute medical advice whatsoever. You are advised to seek the assistance of your physician or qualified medical professional regarding a medical condition.
We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, price or cost information, insurance coverage or benefit information, or any other content available through the services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content.
We are not a party in any of the dealings or fulfillment of the services between the client and the practitioner. Although we aim to ensure to the best of our ability the professionalism and integrity of the practitioners, we cannot guarantee the full quality, safety, or legality of any services performed, advertised, the truth or accuracy of practitioner listings, the qualifications, background, or the ability of practitioners to perform services.
We are not responsible for the manner in which a practitioner operates virtually or in-person. The user acknowledges that we do not supervise, direct or control a practitioner’s services in any manner. All rights and obligations for the purchase and sale of services are solely between a user and a practitioner. We will not provide any practitioner with any materials, equipment, or facility to complete any services. Users and practitioner must look solely to the other for enforcement and performance of all the rights and obligations arising from this Agreement.
We do not employ, recommend or endorse any practitioner or user, nor are we responsible for the conduct of any practitioner or user. The practitioners who are registered with the Platform have gone through our internal vetting system. Notwithstanding this, you are responsible for determining if the practitioner you engage is qualified to perform the services and you agree that the Company and its affiliates, subsidiaries, related entities or its partners shall not be liable (directly or indirectly) for any losses, damages or refunds whatsoever, whether direct, indirect, general, special, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service and/or any other damages resulting from communications with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users/practitioners.
The Company accepts no responsibility for checking the accuracy of data, programs or materials accessed through this site or information in relation to practitioners and therefore makes no representation concerning its completeness, truth, accuracy or its suitability for any particular purpose. Users should rely on their own independent investigations. Before relying on any information accessed through this website or application, a user should:
carefully evaluate the accuracy, currency, completeness and relevance to their own circumstances of the information for the purpose for which it is to be used; and
obtain any appropriate professional advice relevant to the user’s particular circumstances.
Links to other websites or apps are inserted for convenience and are not an endorsement of material at those sites, or any associated organisation, product or service. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites or apps.
Information, data, programs or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may be accessible through the Services due to circumstances beyond our control and we make no representation as to the suitability of the information accessible for viewing by minors or any other persons.
By using the Services, you will be assuming all risks associated with use of the website including risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the Platform/Services or your access to it.
You hereby agree to defend, indemnify, and hold harmless to the fullest extent the Platform, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of a breach by you or any user of your account of this Agreement or arising out of a breach of your obligations, representation and warranties under this Agreement.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; and (iv) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. To the maximum extent permitted under applicable law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content).
We cannot predict when issues may arise with the Service. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will the Platform or the Company nor any of its affiliates, subsidiaries, related entities, directors partners, officers, employees or agents shall be liable (directly or indirectly) in any way to you whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any direct or indirect economic or financial loss or damage (including loss of business, revenue, profits, goodwill, reputation, information or data) or consequential, special, indirect, exemplary, punitive or incidental damages howsoever caused or arising from any breach or failure of the Company/Service to perform any of its obligations under this Agreement.
These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
To the fullest extent permitted by applicable law, any dispute you have with any third party arising out of your use of the Service, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates, subsidiaries, related entities, directors partners, officers, employees or agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The Company reserves the unfettered right to modify the Services with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You are responsible for regularly reviewing the Content to obtain timely notice of such amendments. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, and suspend or terminate users, without liability to you.
All disputes, controversies, or differences arising out of or in connection with this Agreement shall first be attempted to be mediated and resolved internally between the Parties. The Parties hereto agree to participate in the internal mediation in good faith. The disputes, controversies or differences shall be referred within seven (7) days to the Singapore Mediation Centre in the event the internal mediation does not work. The Parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached.
If the dispute cannot be resolved by mediation within sixty (60) days of the date that it is referred to mediation, then the dispute shall be submitted to the non-exclusive jurisdiction of the Courts of Singapore.
The Company does not warrant that your access and usage of the Platform will always be safe and seamless in its operation. The Platform may face delays, errors, service disruptions, time-outs and may even ‘hang’ (collectively, “Disruptions”). The Company shall not be responsible for any of these Disruptions and the Company disclaims liability for any claims, costs and damages known or unknown that may arise out of the Disruptions.
You undertake not to utilise the Platform to do anything unlawful and criminal in nature. You agree to indemnify, defend and hold the Company and its staff harmless from any loss, liability, claim or demand arising out of or in connection with your access and use of the Platform and/or your breach of this Agreement.
The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
You shall not assign or purport to assign any of your rights or obligations under this Agreement without the prior written consent of the Company and any such assignment or purported assignment shall be null and void.
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the remaining provisions of this Agreement shall not be affected or impaired thereby.
No failure on the part of the Company to exercise and no delay on the part of the Company in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under this Agreement by the Company preclude any other or further exercise of it.
This Agreement contains the whole agreement between you and the Company relating to the subject matter of this Agreement to the exclusion of any terms implied by law which may be excluded by contract and supersedes any previous written or oral agreement between you and the Company in relation to the matters dealt with in this Agreement.