Welcome to the Humani-well websites, (collectively, the “Websites”).
Some or all of the following may be found on the Websites: (a) a digital content purchase and use platform, which allows end-users to purchase a subscription and stream pre-recorded audio and video content over the Internet for personal use, (b) an e-commerce site, which allows users to purchase products from the Humaniwell online store, and (c) one or more websites where other online content (including content provided by Humaniwell, Website users, and third parties), resources, tools, products, services, communication All of the aforementioned are referred to collectively as the “Services.”
PRIOR TO USING THE WEBSITES, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS EXTREMELY CAREFULLY. YOUR ACCESS TO AND USE OF THE WEBSITES CONSTITUTES YOUR INDEPENDENCE WITH THE PRIVACY POLICY AND TERMS OF USE LISTED BELOW.
1. Parties. All of the subsequent guidelines, rules, and operating policies that Humaniwell may from time to time establish and publish on the Websites, in addition to the Terms of Service and Privacy Statement, are hereby incorporated by reference. The foregoing sets forth the terms and conditions of a legally binding contract between Humaniwell, Inc. (“we,” “our,” and “us”) and each visitor to and/or user of the Websites (collectively referred to as “Agreement”), including any business, entity, or organisation that such visitor and/or user may represent (“you” or “your”).
2. Acceptance of Terms and Agreement to Be Bound. All of the subsequent guidelines, rules, and operating policies that Humaniwell may from time to time establish and publish on the Websites, in addition to the Terms of Service and Privacy Statement, are hereby incorporated by reference. The foregoing sets forth the terms and conditions of a legally binding contract between Humaniwell, Inc. (“we,” “our,” and “us”) and each visitor to and/or user of the Websites (collectively referred to as “Agreement”), including any business, entity, or organisation that such visitor and/or user may represent (“you” or “your”).
3. Modifications. With the maximum effect permitted by law, any modifications we make to this Agreement from time to time shall become effective upon publication on any of our websites. By continuing to use or access any of our websites following the publication of such a change, you consent to be legally bound by said change. Furthermore, you agree and acknowledge that it is your duty to regularly review and monitor the Websites for the publication of any modifications. Your sole recourse in the event that you do not wish to be bound by any subsequent amendments to this Agreement is to terminate your account and stop utilising the Websites and Services. Any new features, tools, products, and services that modify, supplement, upgrade, or otherwise affect the existing Websites and/or the Services shall be governed by this Agreement, unless otherwise specified.
4. General Registration Requirements. At this time, visitors are granted access to a restricted number of sections of the websites while contemplating the option to register as a user. Complete utilisation of the Websites and Services is restricted to Registered Users, and in cases where a subscription is mandatory, to Registered Users who are also paid subscribers. To qualify as a Registered User, you are required to register on our Websites. To do so, you must satisfactorily complete the registration procedures that are presented on the registration pages of the Websites. Additionally, where applicable, you must remit the necessary subscription charge. Certain features and functions of the Websites and the Services are accessible to all Registered Users without charge, while others are exclusive to Registered Users who have fulfilled the necessary subscription fee and/or other charges, the details of which are displayed on the Websites.
5. Age Requirements for Access and Use of the Websites. Through your use and access of the Websites, you hereby confirm and affirm that you are of legal age to form a legally binding contract, are at least 18 years old, and are not prohibited from purchasing or receiving products and services under the laws of the United States or any other jurisdiction that may apply. Users under the age of 18 are not permitted to register, subscribe, access, or utilise the Websites and Services. Terms and conditions that prohibit such activities are void where prohibited by law.
6. Requirements for Becoming a Registered User. You acknowledge and agree that by completing the registration procedures outlined on the registration pages of the Websites, you (a) represent to us that the information you provide regarding yourself, as requested by the registration form on our Websites (the “Registration Data”), is true, accurate, current, and complete, and (b) you are obligated to maintain and promptly update your Registration Data to ensure that it remains true, accurate, current, and complete. Should you furnish any information that is untrue, inaccurate, out of date, or incomplete, or should we have reasonable grounds to suspect such information is such, we reserve the prerogative to suspend or terminate your account, as well as deny you access to and/or use of the Websites and the Services (or any portion thereof), both now and in the future.
7. Children. Because of the inherent characteristics of the Internet, it is not possible to restrict access to our websites by juveniles. Nevertheless, it is important to note that our websites do not target children below the age of 13, and we do not intentionally gather any information from such children via our websites. Should you have reason to believe that a minor has supplied us with information via our websites, kindly reach out to us via email at info@humaniwell.org Attention: Director of Operations. We shall make every effort to eliminate from our system any and all information that the minor has provided. Please refer to the Privacy Policy detailed below for further information regarding the Protection of Children’s Online Privacy Policy.
8. Member Account, Password and Security. In addition to selecting a password and providing an email address, Registered Users may be requested to furnish further details pertaining to their accounts. User Agreement. It is your duty to ensure the security and confidentiality of the password and all other account information. Furthermore, you accept full responsibility and liability for any access or use of the Websites and Services that transpires using your password or account. You consent to the following terms and conditions: (a) Immediately notify us via email to info@humaniwell.org of any unauthorised use of your account or password, or any other security violation; and (b) Log out of your account at the conclusion of each session. Any loss or damage that results from your noncompliance with this section shall not render Humaniwell liable.
9. Preservation and Disclosure of Account Information and User Content. You agree and acknowledge that Humaniwell may access, preserve, and disclose your account information and User Content in response to legal requirements or in good faith belief that such actions are reasonably necessary to: (a) ensure compliance with this Agreement; (b) enforce this agreement; (c) address allegations that any Site Content infringes upon the rights of third parties; (d) provide customer service; or (e) safeguard the rights, property, or interests of Humaniwell. Humaniwell will not, however, intentionally divulge your account information to a third party except as otherwise specified in our Privacy Statement, which is detailed below.
10. Security Components. You hereby confirm and agree that the Websites and the Services, as well as the software integrated within them, may contain security components that enable access, usage, and protection of digital materials. Furthermore, you agree that the utilisation of these security components is governed by the usage guidelines established by Humaniwell and/or the content providers who supply content to Humaniwell. It is strictly prohibited to attempt to bypass or interfere with any security mechanisms or utilisation regulations that are integrated into the websites and services.
11. Subscription Fees and Payment. Subscribing to and utilising the Services requires payment of a subscription fee (“Fee”). The Fee, if applicable, is payable in ZAR or another currency. Additional information, including your credit card number, will be requested during the initial registration process. You hereby authorise Humaniwell to charge the then-applicable subscription fee to your credit card automatically at the time of subscription or at the conclusion of your free trial, and on a recurring basis thereafter in accordance with the terms of your subscription. With the exception of what is specified in Section 26 (“Term and Termination”), the Fee is non-refundable. Humaniwell reserves the right to alter or modify the Fee or payment schedule at any time, including but not limited to price increases and upgrade fees. Plans denominated in currencies other than ZAR are susceptible to modification as a result of exchange rate fluctuations. Humaniwell shall endeavour to furnish you with adequate notice in advance of any fee adjustments or modifications, excluding exchange rate fluctuations, to the best of its reasonable ability.
Eligibility for a free trial is determined at the sole discretion of Humaniwell, and eligibility or duration restrictions may be imposed to prevent free trial abuse. We retain the authority to suspend your account and cancel the free trial if we determine that you do not qualify. Individuals who are part of households that have a current or former Humaniwell membership are ineligible. Eligibility may be determined using information such as the device ID, payment method, or account email address associated with a current or previous Humaniwell membership. Combinations with other offers are subject to potential restrictions.
In the event that Humaniwell is unable to process an automatic credit card payment, it will endeavour to notify you via email and temporarily suspend your account until payment is received. It is your responsibility to promptly inform Humaniwell of any modifications to your credit card details, including the expiration of your card. Failure to notify Humaniwell of the suspension, termination, or interruption of your access to the Services will result in Humaniwell exercising such authority.
Except for taxes based on Humaniwell’s net income, all fees are exclusive of excise, sales, use, transfer, and other taxes and duties imposed by any federal, state, municipal, or other governmental authority with respect to the Services. You are obligated to pay all such taxes. It is your duty to procure and deliver to Humaniwell any certificate of exemption or analogous documentation that is necessary to waive sales, use, or comparable tax obligations from any transaction.
You consent to timely payment of the account balance. Humaniwell may incur any costs and expenses, including attorney and collection fees, in the course of its efforts to recover any outstanding balances from you. For such expenses and costs, you are responsible and liable. This paragraph shall not restrict Humaniwell’s access to any additional remedies. It is mandatory for you to provide written notice to info@humaniwell.org within sixty (60) days from the date they initially appear on your credit card account statement regarding any billing issues or discrepancies. Failure to provide us with such notification within the designated timeframe will result in your relinquishing any entitlement to contest such issues or inconsistencies.
Account-related communications (e.g., payment authorizations, invoices, password or payment method modifications, confirmation messages, and notices) shall be transmitted exclusively in electronic format. This may be achieved through email correspondence to the email address you provided during the registration process. You consent that any notices, agreements, disclosures, or other communications that we transmit to you in an electronic format will fulfil all legal obligations regarding communication, including the requirement that such communications be in writing.
12a. Content. The materials accessible through the Websites and the Services generally comprise (a) Humaniwell-owned content, such as trademarks, trade dress, and the overall aesthetic of the Websites, as well as content developed, acquired, and owned by Humaniwell (collectively referred to as “Humaniwell Content”); (b) third-party content licenced to Humaniwell for particular purposes on the Websites and the Services; and (c) content that may be published and/or otherwise distributed. Conversely, in the context of interactions among Registered Users, the material contributed by fellow Registered Users is categorised as “Third-Party Content.” The aforementioned items are referred to collectively as “Site Content.” The display quality of Humaniwell content may exhibit variability across devices and be influenced by diverse factors, including geographical location, available bandwidth, and Internet connection speed. Kindly consult your Internet service provider for details regarding potential charges for internet data usage. Humaniwell does not provide any guarantees or representations regarding the quality of the viewing experience on your display.
12b. Geographic Limitations. As a result of licencing restrictions imposed on our titles, certain content might be inaccessible in your region and thus unsuitable for viewing. Should you ever perceive that this hinders your experience after subscribing to Humaniwell, kindly reach out to our customer service department and we shall do our utmost to resolve the matter. Customer service can be contacted via email at info@humaniwell.org.
13. Ownership of Content. Humaniwell does not assert any ownership rights over any User Content that is published on the Websites or accessible in any other way via the Services. You agree that, in accordance with the non-exclusive licence outlined in Section 14 (“Licence to Your Content”) below, Humaniwell shall not be liable for any intellectual property rights that you may possess in any User Content that you generate.
14. License to Your Content. To enable Humaniwell to provide you with access to our Websites and Services in accordance with this Agreement, you must grant us a licence to utilise and distribute your User Content. This functionality allows us to enable other visitors and registered users to access, distribute, and showcase your user-generated content in various locations across the websites. Therefore, through the act of posting, displaying, publishing, transmitting, or otherwise providing access to any User Content on or through our Websites or the Services (collectively referred to as “posting”), you hereby grant Humaniwell a non-exclusive, fully-paid, perpetual, irrevocable, worldwide licence (including the right to sublicense) to use, copy, modify, adapt, translate, and create derivative works from such User Content. We will not, however, incorporate your User Content into the production of commercial products, including books. In the context of this particular section, the term “commercial products” does not encompass anything intended for use on the Websites and the Services, as well as promotional, publicity, marketing, and advertising materials for the Websites and the Services in any format or medium presently recognised or in the future developed. Humaniwell will have sole and absolute discretion over any request to remove User Content from the Websites and/or the Services. The determination of whether to do so may be contingent upon various factors, including the nature of the User Content, the posting location and method, and additional relevant considerations. To request the removal of specific User Content that you have posted, please email us at info@humaniwell.org. However, please note that Humaniwell (i)is not obligated to remove such User Content, (ii)remains solely in the discretion to decide whether or not to do so, and (iii)does not guarantee the complete deletion of such User Content or any copies thereof. Nevertheless, even after the User Content seems to have been withdrawn from the Websites and/or the Services, a residual or backup copy of any User Content that you have posted may persist on Humaniwell’s servers. Humaniwell retains all rights conferred in this section to any such residual copies. You hereby affirm and guarantee the following: (i) you possess full ownership, title, and interest in all User Content that you upload via our Websites or the Services, or have the legal authority to grant the licence stipulated in this section; and (ii) your User Content posting does not violate any third party’s privacy rights, publicity rights, copyrights, trademarks, patents, or trade secrets; and (iii) it does not require the consent or knowledge of any third party.
15. Prohibited Conduct. User Content, which includes (but is not limited to) content of your own, comments on User Content posted by other Registered Users, and communications with other Registered Users, may be made possible through the use of elements on the Websites and the Services. User Content comprises a wide range of materials, including but not limited to information, data, text, software, audio, sound, photographs, graphics, video, messages, annotations, and other similar content. You acknowledge and agree that you shall not use the Websites and/or the Service to post or other transmit User Content that:
• is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner;
• contains nudity, violence, or offensive subject matter;
• solicits personal information from anyone under the age of eighteen (18);
• provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
• promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
• involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
• contains a virus or other harmful component.
16. Responsibility for User Content. All User Content that you upload, post, email, transmit, or otherwise make available via the Websites and/or the Services is your sole responsibility, and not that of Humaniwell. As Humaniwell has no authority over the User Content that is published through its Websites and/or Services, it is unable to provide any assurance regarding its accuracy, integrity, or quality. You agree and acknowledge that you may be exposed to User Content that you consider offensive, obscene, or objectionable by utilising the Websites and the Services. Humaniwell shall not be held liable in any way for any User Content, including but not limited to any errors or omissions in such content, as well as for any loss or damage incurred as a result of using any User Content that is posted, emailed, transmitted, or otherwise accessible through the Services and/or the Websites.
17. Rejection and/or Removal of User Content. You hereby acknowledge and agree that Humaniwell reserves the right (but not the obligation) to pre-screen, edit, refuse, and/or remove any User Content or portion thereof that is accessible via the Websites and/or the Services, in its sole and absolute discretion, for any reason, including but not limited to its determination that any such User Content is inappropriate. You further understand and agree that Humaniwell may or may not pre-screen User Content posted on our Websites. Humaniwell shall have the absolute right, without limitation, to remove from the Websites and/or the Services at its sole discretion any User Content that violates this Agreement or is otherwise objectionable. Additionally, Humaniwell shall have the right to restrict, suspend, or terminate your access to all or any portion of the Websites and/or the Services at any time, for any reason, with or without prior notice, and without liability. Contact Humaniwell at info@humaniwell.org in the event that you become cognizant of any individual misusing the Websites and/or the Services.
18. Limited License. During the term of your registration, Humaniwell hereby grants Registered Users a limited, personal, revocable, non-sublicensable licence to display a single copy of the Humaniwell Content (with a restriction on Third-Party Content) located on or accessible through our Websites or Service (excluding any software code therein). This licence is solely for your non-commercial, personal, and non-transferable use in connection with accessing our Websites and utilising the Services. Humaniwell reserves the right to terminate any such use in accordance with the terms and conditions outlined in this agreement. You may not reproduce, store, modify, translate, publish, broadcast, transmit, distribute, perform, exhibit, make available, or sell any Site Content for any purpose, with the exception of User Content that you have uploaded.
19. Examples of Limitations on Use. A Registered User is authorised to engage in any non-commercial reuse of the Site Content that complies with the “Fair Use” provisions of copyright and trademark law in the United States, and following limitations on other continents as per local copyright restrictions. Furthermore, beyond the restrictions specified in Section 18 (the “Limited Licence”), it is strictly forbidden to store, use, reproduce, or transmit any Site Content for commercial purposes under any circumstances. This is for illustration purposes only. Utilisation of the Websites and Services for commercial purposes is strictly prohibited, unless prior written consent from an authorised Humaniwell representative is obtained. It is strictly forbidden to frame or link to any of our websites without our permission. Humaniwell reserves the right to remove without prior notice any commercial advertisements, affiliate links, or other solicitational materials from the Websites and the Services. Failure to comply may lead to the termination of registration and subscription, as well as denial of access to and use of the Websites and the Services.
20. Health and Medical Concerns. A portion of the Site Content consists of exercise and fitness-related information and instructions, as do a portion of the products and services accessible via the Websites and the Services. You agree and acknowledge that the following disclaimers and warnings shall apply to all products, services, and instructions provided herein.
It is highly recommended that you consult with a physician or other healthcare provider prior to engaging in any exercise programme or utilising any fitness products or services described and/or made available on the Website and/or the Services. Humaniwell, along with its personnel and content providers, do not possess the necessary credentials to provide personal medical advice or treatment. Moreover, they lack the expertise to offer guidance, diagnose, examine, or treat medical conditions of any kind, or to ascertain the impact of a particular exercise on such conditions.
It is not intended that the Websites and Services serve as a replacement for professional medical diagnosis, treatment, or advice. You acknowledge and agree that there is a potential for physical injury and/or mortality when engaging in any form of exercise, exercise programme, or utilisation of fitness products or services. You further commit and accept liability for any consequences that may arise as a result.
It is imperative that you never neglect or postpone seeking medical advice on the basis of a statement you have encountered on the Websites and/or the Services. It is not recommended to utilise the Websites and Services as a replacement for the guidance provided by certified medical professionals, including a physician or registered dietitian. It is critical that the utilisation of the Websites and Services be limited to situations in which qualified medical advice is obtained. It is crucial that individuals who are pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, whether known or suspected, consult their physician before utilising the Websites and/or the Services.
It is imperative that you counsel your physician prior to commencing any exercise or dietary regimen. It is important to consider the subsequent checklist while developing your programme in collaboration with your healthcare provider. However, it is crucial to note that this checklist is not comprehensive and should not be considered a replacement for a consultation with your healthcare provider.
• Do you frequently experience chest discomfort following physical activity?
• Does exercise induce vertigo in you?
• Do you experience shortness of breath following exercise?
• Do you take any blood pressure medication?
• Do you suffer from joint issues?
• Do you have a medical condition, such as diabetes, that may require special consideration during exercise?
• Have you previously engaged in physical activity?
• Do you have a cardiovascular condition that necessitates exercise supervision?
Should any discomfort or pain arise during an exercise regimen, it is imperative that the individual promptly discontinue the activity and consult a medical professional.
21. Reservation of Rights. Other legal protections apply to Humaniwell Content and Third-Party Content, including copyright, trademark, patent, and trade secret legislation. The rights, title, and interest in the respective content are owned and retained by Humaniwell and its third-party licensors, with the exception of the limited licences granted to Registered Users as specified above.
22. Other Sites. There may be offers from third parties and/or links to external websites owned by third parties (e.g., affiliate partners, strategic partners, or others) on the Websites. Nevertheless, the presence of a hyperlink on any of our websites does not constitute an endorsement, assessment, or investigation by Humaniwell of the corresponding third-party website. We do not examine or evaluate the products or offerings of any of these organisations, businesses, or individuals, nor do we warrant the accuracy of the information on their websites or in their advertisements. Humaniwell disclaims all liability and responsibility for the conduct, products, services, and/or content of these websites. You should evaluate the terms of service and privacy policies of any third-party website prior to making a purchase of their products or services or utilising their websites. You access the affiliated websites at your own peril if you choose to do so.
23. International Use. You acknowledge and concur that, by virtue of the global nature of the Internet, you are required to adhere to all relevant laws, rules, and regulations concerning the utilisation and access of the Websites and the Services. You acknowledge and agree, solely as an illustration, that you are required to abide by all relevant legislation concerning the transfer of technical data exported from the United States or your country of residence, and that certain users may be subject to limitations on access to and/or utilisation of Site Content due to their domicile, place of residence, or place of use.
24. Take-Down Notices. Humaniwell will receive and evaluate notices of copyright infringement and take appropriate actions under the local acts of the states involved. Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions and must be submitted according to the procedures set forth byDesignated Agent for Humaniwell:
Email of Designated Agent: info@humaniwell.org
25. Registered User Disputes. Relationships with other Registered Users are under your exclusive responsibility. While not obligated to do so, Humaniwell reserves the right to monitor disputes between Registered Users and themselves.
26. Term and Termination. This Agreement, including any future modifications, shall continue to be fully valid and enforceable for the duration that it is displayed on any of the Websites or until Humaniwell or you terminate it.
By notifying us via email at info@humaniwell.org, you may terminate your status as a Registered User and rescind your account at any time and for any reason; however, such cancellation and termination will not take effect until Humaniwell has processed your request. Fees paid for any unused portion of your pre-paid subscription will be forfeited and non-refundable if your account is terminated prior to the expiration of the subscription period. Nevertheless, access to premium content will remain uninterrupted until the pre-paid subscription period concludes. Furthermore, you agree and acknowledge that in the event of a dispute with Humaniwell, your exclusive right and remedy shall be the cancellation of your account.
At any time, with or without cause, and without liability to you, Humaniwell reserves the right to suspend or terminate your status as a Registered User, deactivate your account, and disable your access to the Websites and Services. Except as follows, Humaniwell shall not be liable to you or any third party for any reason arising from such suspension, termination, or related action: (a) In the event that Humaniwell exercises reasonable cause to do so, no refund will be due for any unused portion of a pre-paid subscription; and (b) In the event that Humaniwell exercises reasonable cause to do so, Humaniwell shall refund any unused portion of a pre-paid subscription.
Regardless of the termination of this Agreement, your account, or your use of the Service, the following sections shall remain in effect: While Section 12 addresses “Content,” Section 13 addresses “Ownership of Content,” Section 14 addresses “Licence to Your Content,” Section 16 addresses “Responsibility for Your User Content,” Section 17 addresses “Rejection and/or Removal of User Content,” Section 20 addresses “Health and Medical Concerns,” Section 21 addresses “Reservation of Rights,” Section 22 addresses “Other Sites,” Section 23 addresses “International Use,” and Section 25 addresses “Registered User Disputes.”
Humaniwell shall not be obligated to retain any User Content that you may have posted or otherwise supplied in the event of suspension or termination. Furthermore, we retain the prerogative to delete and demolish permanently any of your personal information and User Content.
27. Disclaimer of Warranties. You acknowledge and agree that Humaniwell and/or the providers of Site Content provide no warranties of any kind with regard to the Websites and the Services. Although not exhaustive, the disclaimer of warranties comprises the subsequent.
(a) You utilise the Services and Websites at your own peril. On a “as available” and “as is” premise, the Platforms and Services are delivered. “Humaniwell-Related Parties” (including its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors, and contractors) hereby exclude all express and implied warranties pertaining to the services. These disclaimers exclude, but do not limit to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
(b) In addition to training programmes, recipes, products, services, events, and information that you may learn about on the Websites and/or the Services, the Humaniwell-Related Parties are not liable for any loss, damage, injury, or health problems that may result from your use of the Site Content and/or other aspects of the Websites and/or the Services. This includes any action or inaction on your part that may be prompted by the information you have obtained. For instance, should you choose to utilise any product or service mentioned on the Websites and/or the Services, or participate in any exercise or diet programme that you learn about or receive information about through them, you agree to do so voluntarily, at your own risk, and after consulting a qualified health professional of your choosing. Furthermore, you agree to release and discharge the Humaniwell-Related Parties Humaniwell from any liability for your actions.
(c) The Humaniwell-Related Parties do not provide any assurance that the Websites or the Services, the Site Content, or the information, products, and services accessible via the Websites or the Service will fulfil your needs or expectations, or that the use of any of the aforementioned will result in specific outcomes. Furthermore, they do not guarantee that the Websites or the Services will operate without interruption, in a timely manner, securely, without errors, or devoid of any malicious components (including viruses, malware, or malicious software).
(d) You agree to be fully responsible for any potential risks associated with the deletion, non-delivery, or failure to store user content, communications, personalised preferences, or data. Furthermore, you understand that the Humaniwell-Related Parties do not provide any warranties with respect to the aforementioned.
(e) Accessing any content obtained via our websites or services, whether downloaded or otherwise, is done so at your own discretion and risk. You shall bear full responsibility for any consequences, including data loss, system damage, or loss of operation, that may arise as a consequence of downloading such content.
28. Waiver of Claims. By using your User Content authorised under this Agreement or by participating in any of the communications and social networking features of the Services, you hereby waive, release, and discharge the Humaniwell-Related Parties from and against any claims that you may be entitled to make, including but not limited to, and by way of illustration only, claims based on copyright infringement, trademark infringement, rights of privacy, or public interest.
29. Limitation of Liability. The Humaniwell-Related Parties shall not be liable to you or any third party for indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages, arising from or in connection with any use of the Websites and/or the Services, any linked website, or any content, information, products, or services accessible via the Websites and/or the Services, to the maximum extent permitted by applicable laws. The total liability of the Humaniwell-Related Parties towards you, for any cause whatsoever and irrespective of the nature of the action, shall at all times be restricted to the amount, if any, that you have paid Humaniwell for the Services, notwithstanding anything to the contrary contained herein.
30. Severability. Certain jurisdictions prohibit the exclusion of particular warranties, as well as the restriction or exclusion of liability pertaining to incidental or consequential damages. Consequently, certain jurisdictions may not apply to you certain limitations of liability stated above. Regardless of the circumstances, and including any invalidation of terms or conditions of this Agreement for any reason, the remaining terms and conditions of this Agreement shall continue to be fully binding and enforceable until terminated by Humaniwell. Moreover, in the event that a court of competent jurisdiction declares any term or condition of this Agreement invalid, the parties concur that the court shall strive to implement the parties’ intentions as expressed in the provision that was deemed invalid.
31. Indemnity. You grant the Humaniwell-Related Parties the right to indemnify, defend, and hold harmless the Humaniwell-Related Parties against any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of this Agreement or any intellectual property or other right infringement by you or any other user of your account. Humaniwell shall endeavour to provide you with timely notification of any claim, loss, liability, or demand using its reasonable best efforts. Furthermore, we shall offer you reasonable assistance in defending against any such claim, loss, liability, damage, or cost, at your expense.
32. Additional Terms. Participating in specific promotions or activities accessible via our Websites, acquiring particular premium Site Content via our Websites, or for other purposes may also necessitate adherence to supplementary regulations, guidelines, or conditions (referred to as “Additional Terms”). Furthermore, your online store purchases and subscriptions to the Services shall be governed by specific Additional Terms. These supplementary conditions shall be prominently displayed on the pertinent sections of our websites, or on the sections that provide descriptions of the particular promotions, content, or activities. You agree to abide by these Additional Terms when you participate in those promotions, make purchases from our online stores, or otherwise engage in activities governed by such Additional Terms. They are incorporated by reference into this Agreement.
33. Modification and Discontinuation. We reserve the right, with or without prior notice, to modify, delete, suspend, or discontinue the Websites and/or the Services, or any portion thereof, temporarily or permanently. You agree that in the event that the Websites and/or the Services are modified, edited, deleted, suspended, or discontinued, we shall not be liable to you or any third party.
34. Entire Agreement. Your use of the Websites and Service is governed by this Agreement and any other terms and conditions referenced herein (including the Privacy Statement and Additional Terms, without limitation). These terms and conditions supersede any prior agreements between you and Humaniwell regarding the Websites and/or the Services.
35. Choice of Law and Forum. Without regard to its conflict of laws provisions, this Agreement and the relationship between you and Humaniwell shall be governed by the laws of the State of Johannesburg (SA). Both Humaniwell and you mutually consent to be subject to the personal and exclusive jurisdiction of the courts situated in the Gauteng-Johannesburg county of South Africa.
36. No Waiver. In accordance with this Agreement, Humaniwell’s failure to exercise or enforce any right and/or remedy shall not be construed as a waiver of that right and/or remedy.
37. Statute of Limitations. You recognise and agree that any claim or cause of action originating from or related to use of the Websites, the Services, or this Agreement must be filed within one (1) year of its emergence, or it will be permanently barred, notwithstanding any statute or law to the contrary.
38. Relationship of the Parties. You and Humaniwell acknowledge and agree that, with respect to the licencing of intellectual property rights and the provision of services, they are separate contractual parties operating at arm’s length from one another. They do not enter into any partnership, joint venture, joint authorship, employment, fiduciary, or agency relationship.
39. Binding on Successors. As applicable, the heirs, executors, administrators, licensees, successors, and/or assigns of the parties shall be bound by and benefit from this agreement. You hereby confirm and agree that Humaniwell has complete authority to assign, sublicense, convey, and transmit this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without providing you with any form of compensation.
40. Discounts. Discounts may be granted by Humaniwell for paid subscriptions, these are only applicable for the membership period for which the customer opted when registering or in case of renewals, the latter will be charged at the pricing as per date of extension. Discounts are subject to change at any time without prior notice.
41. Notices and Questions. Please contact us via email at info@humaniwell.org if you have any inquiries concerning this Agreement. Unless otherwise specified elsewhere in this Agreement, notices to Humaniwell and you may be delivered to the address you provided us with at the time of registration and/or the purchase of products and services from Humaniwell, respectively. If you require further clarification regarding our service and its various attributes, or if you require aid with your account, kindly access the Humaniwell Contactpage accessible through our website. These Terms of Service shall take precedence over any information provided by Customer Service or other sections of our website that may contradict them.
