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Terms of Use

You’re at www.mywellscout.com, home of WellScout, LLC. WellScout is an evolving business that was created to serve a global community of women in an effort to help them meet their unique health and wellness needs anytime, anywhere. WellScout values, above all, radical inclusion and the ability to create a safe and supportive online environment. In its early stages, WellScout will focus on a few things:

Find, Rate and Review

Health and wellness services on the go! From smoothies to doctors to meditation classes and everything in between.

Learn

About new ideas to help you achieve better mental, physical, emotional, spiritual and environmental wellness.

Connect

With other women of different backgrounds and realities that want to share their stories and experiences as it pertains to health and wellness.

WellScout is open to including businesses owned and run by men even though the Site target audience is women. WellScout’s preference is to list businesses who share common values which include:

1. Women for Women – WellScout supports businesses that provide equal opportunity and maintain gender equality workplaces.

2. Diverse and Inclusive – users can search an extensive range of parameters dedicated to women including women owned and operated businesses; women only; and LGBTQ friendly.

3. Connect and Feel Safe – safety is a priority for our women and we encourage online connection via our Facebook Group while travelling.

The following businesses can list on the WellScout directory by complying with the WellScout LLC Terms and Conditions.

WellScout offers four (4) listing categories:

  • FOOD (included but not limited to: restaurants, cafes, food trucks, bars, etc.)
  • EXERCISE (included but not limited to: gyms, studios, exercise centers, etc.)
  • WELLNESS EXPERIENCES (included but not limited to: meditation classes, retreats, reiki healing, aromatherapy, etc.)
  • HEALTHCARE SERVICES (included but not limited to: functional medicine specialists, emergency rooms, hospital facilities, psychotherapists, etc.)

These are the Website Terms of Use you need to be aware of when using this website. Please read these Website Terms of Use carefully, as together with our Privacy Policy and Terms and Conditions as it sets out your important rights and obligations in relation to:

1. the use of this website

2. all products/services purchased through the website.

If you do not agree with these Website Terms of Use please stop using this website.

Terms and Conditions

1. When you visit this website, and use our services or purchase our products you agree that you have read these Website Terms of Use and all related documents and that you are willing to be bound by them.

2. If you register with our website, submit any material to our website or use any of our website services including our listing directory, we will ask you to expressly agree to these Website Terms of Use.

AGE

1. Any persons seeking the services of WellScout must be at least 18 years of age or accompanied by a legal guardian.

VARIATION

1. We may update our Website Terms of Use from time to time and the new provisions will apply from the date they are updated.

DISCLAIMER (GENERAL)

1. While every care is taken, WellScout does not guarantee the accuracy of the information contained within this website.

2. The information available through this website is provided for information purposes only.

3. You are solely responsible for any results you obtain as a result of using the information on this website.

4. You acknowledge and agree that no information or advice provided by us including that contained in any service or product or business listing, blogs, articles, books, checklists, business information, and tips formal or individual financial or business advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website.

5. This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of this website or the services found on this website.

NO UNLAWFUL OR PROHIBITED USE

1. As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these Website Terms of Use.

2. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person’s use and enjoyment of this website.

3. You agree not to hack into areas of this website that are not intentionally made available to you.

4. You expressly agree not to:

a). use the website as a lead generation tool for the benefit of your own business

b). engage in any internal or external spamming, or other similar actions

c). engage in any unlawful or immoral acts, or acts which are in violation of these Terms of Use

d). decompile, reverse engineer, or try to copy or imitate this website or underlying content.

LINKS DISCLAIMER

1. This website may contain links to other websites (‘Linked Sites’).

2. The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site.

3. We are not responsible for any form of transmission received from any Linked Site.

4. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY

1. WellScout LLC owns the intellectual property rights in the contents of this website, or has permission to use or display the material on this website.

2. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorized by us.

3. Please email mywellscout@gmail.com if you require permission to reproduce any of the contents of this website.

4. Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright.

5. You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.

PERSONAL USE ONLY

1. You may access, download, or print material from the website for your personal use only.

2. Sharing without prior permission and commercial use of any sort is expressly prohibited.

3. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.

4. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.

COPYRIGHT INFRINGEMENT

1. If you believe that there is material on our website that infringes third-party intellectual property rights, please email mywellscout@gmail.com  with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the WellScout website if appropriate.

WEBSITE SECURITY

1. WellScout makes every effort to maintain the security of the WellScout website including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business.

2. However, we do not guarantee the security of the website, or our records (including the online messaging platform and Our Community forum)

3. WellScout LLC disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control.

4. You are advised to install and maintain up-to-date security software on your computer for your further protection.

5. The WellScout website is managed by third party services therefore the website may be inaccessible from time to time.

LIMITATION OF LIABILITY

1. WellScout LLC will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way.

2. Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

3. This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

4. Whilst WellScout LLC promotes a safe and supportive web environment, we cannot and do not guarantee the safety and support of any woman who uses Our Website and any of our listed product and service providers. Our service is limited to connecting you with a product and service provider and you agree that you use this Site at your own risk and your safety and security is your own responsibility.

INDEMNITY

1. You agree to indemnify and defend WellScout LLC from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

a). your unauthorised use of this website, or products or services included or advertised on this website

b). your breach of these Website Terms of Use.

APPLICABLE LAW

1. This agreement is governed by the laws of the United States and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within the United States, in all disputes arising out of or relating to the use of this website.

2. You may provide notice to us through the contact us page or otherwise by email addressed mywellscout@gmail.com

3. WellScout may provide notice to you via email or post.

4. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these Website Terms of Use, including without limitation, this paragraph.

5. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.

RELATIONSHIP

1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WellScout LLC, as a result of this Agreement or use of this website.

VALIDITY

1. If any part of these Website Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Website Terms of Use will continue in effect.

These Website Terms of Use together with our Privacy Policy form the entire agreement between you and WellScout LLC

FEEDBACK, COMMENTS OR COMPLAINTS

If you have any questions, please contact us at mywellscout@gmail.com. We strive to respond to all inquiries within three business days.

Before using the WellScout site please read these Terms and Conditions carefully as it contains important information for you as a user of the site, a business owner, or company looking to work with WellScout as you are legally bound by these Terms and Conditions.

WellScout’s Terms and Conditions have the same effect as an agreement in writing and govern your use of Our Website. If you do not agree to the Terms and Conditions, please do not use Our Website. We may modify the Terms and Conditions at any time. If you do not agree to the modifications to the Terms and Conditions, you may discontinue using Our Website before the changes take effect. If you continue to use Our Website after the modifications become effective constitutes your acceptance to such modifications. Each time you visit or login to Our Website, you confirm your acceptance of the Terms and Conditions. It is your responsibility to regularly review the Terms and Conditions. The Terms and Conditions are accompanied by additional terms and conditions specific to privacy and may be supplemented by additional terms and conditions that are relevant to specific areas of Our Website, to particular content or transactions that take place and are posted in particular areas of Our Website, so together with these Terms and Conditions govern your use of the various areas of Our Website, content and transactions.

Using the Site

Eligibility: to access or use Our Website, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. You may not access or use Our Website if you are a competitor of ours or if we have previously banned you from Our Website or closed your account. Your eligibility to use Our Website if you violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review; Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;Promote a business or other commercial venture or event, or otherwise use Our Website for commercial purposes, except in connection with a Business Account and as expressly permitted by WellScout; Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate Our Website’s search results or any third party website; Solicit personal information from minors, or submit or transmit pornography; or violate any applicable law.

Permission to Use Our Website: we grant you permission to use Our Website subject to the restrictions in these Terms and Conditions. Your use of Our Website is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

Definition

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “WellScout Content” means Content that we create and make available in connection with Our Website. “Third Party Content” means Content that originates from parties other than WellScout or its users, which is made available in connection with Our Website. “Site Content” means all of the Content that is made available in connection with Our Website, including Your Content, User Content, Third Party Content, and WellScout Content.

1.0. WHO WE ARE

The www.tripasista.com website, and any mobile application for the website (the “Site”) is owned and operated by TripaSista Pty Ltd, ACN 622 246 048, PO Box 467, Yamba NSW 2464, Australia (also referred to as “TripaSista”, “we”, “us” or “our”).  You can find out more about TripaSista and how we share data in the Site’s Privacy Policy.

2.0. LEGAL EFFECT

1. These terms and conditions (the “Terms and Conditions”) together with any other terms and conditions referred to within the Terms and Conditions (including the Privacy Policy), together forming (this “Agreement”) govern the relationship between WellScout and any party who accesses or uses the Site to promote their business listing, advertise their company or utilize the site, or information from the site, in any way (collectively referred to as “Owners” or “you”).

2. This Agreement constitutes a legally binding agreement between WellScout and the you/Owner. By using or accessing the Site or WellScout’s platforms or systems in the capacity of an Owner, you acknowledge that you agree to and are subject to this Agreement, including our Privacy Policy. If you do not fully agree to the terms of this Agreement, you are not authorised to access or otherwise use the Site.

3. If the Owner is a company, partnership or other entity, the person who uses the Site or agrees to the terms of this Agreement, on behalf of that Owner, represents that they have the authority to bind the entity to the terms of this Agreement.

4. WellScout does not authorise anyone to register with the Site unless they are able to enter into legally binding contracts.

2.1. VARIATIONS OF AGREEMENT

WellScout may revise this Terms and Conditions at any time by posting an updated version to the Site. You should visit the Site periodically to view the most current Terms and Conditions, because it is legally binding on you.

2.2. EFFECT OF VIOLATION OF AGREEMENT

You/Owners who violate the terms of this Agreement may have their access and use of the Site suspended and their Listings removed from the Site, at WellScout’s discretion.

2.3. THIS SITE IS A LISTING DIRECTORY, COMMUNITY FORUM AND CONTENT PLATFORM

The directory component of this Site allows Owners to:

1. Advertise one or more businesses. This includes but is not limited to cafes, restaurants, bars, gyms, fitness centers, tours, retreats and tourism businesses and sites.

2. We may also offer online communication tools or services to allow Owners and Travellers to communicate with each other and make bookings/reservations for products/services. The Site does not act as your agent in relation to any bookings/reservations.

3. Through the Our Community forum, the site provides a platform for users to interact by creating new topic threads, commenting on existing topic threads, liking topic threads and sharing information through social media channels

2.4. NO CONTRACTUAL RELATION BETWEEN WELLSCOUT, YOU OR OWNERS

1. WellScout is not a party to any kind of contractual relationship between you, the Owner or any other third party, even if the Site facilitates communication between you, the Owner or any Third Party.

2. WellScout does not mediate between You, the Owner and/or a Third Party in the event of a dispute. You enter into any transaction with a third party or the Owner  entirely at your own risk

3.0. PURCHASING OF LISTINGS

Owners can agree with WellScout to place a paid listing or a free listing (conditions apply) on the Site for each specific business (each, a “Listing”).

3.1. LISTING CATEGORIES

WellScout offers four (4) listing categories:

  • FOOD (included but not limited to: restaurants, cafes, food trucks, bars, etc.)
  • EXERCISE (included but not limited to: gyms, studios, exercise centers, etc.)
  • WELLNESS EXPERIENCES (included but not limited to: meditation classes, retreats, reiki healing, aromatherapy, etc.)
  • HEALTHCARE SERVICES (included but not limited to: functional medicine specialists, emergency rooms, hospital facilities, psychotherapists, etc.)

4.0. THE LISTING PROCESS

1. The following is the process Owners will go through for each Listing:

a). Choose your plan (free or select from paid listing plans)

b). Complete the Listing form with your business listing details

c). Preview and edit your listing

d). Pay & Publish

e). Provide Business ID:

(i) Copy of Business property proof of ownership. This needs to be a document testifying you own the property you are listing (E.g. Council rates notice). Please note a utilities bill is not sufficient.

(ii) The address must match the business/residential address on the listing.

(iii) Other verifications can include email address, phone number, Facebook Page, etc..

1. Your Listing will appear in search results once it has been verified and approved by WellScout

2. Once approved, you will receive an email with instructions on how to claim your Listing page and be issued with an Admin login.

3. Invoices will be issued online as well as emailed. Payment options will be PayPal and Stripe.

4.1. USING THE SERVICE

1. Upon registration, an Owner is given a user profile in which the data the Owner contributes is recorded and in which all the businesses offered by that Owner are specified (“Owner Admin”).

2. Owner Admin provides various functions which are intended to assist Owners to manage their business listings through the Site, including a dashboard. These functions, and Owner Admin, are made available on an as-is basis, and WellScout does not undertake that the dashboard or its functions will be complete or error-free.

5.0. LISTING PRICING PLANS

5.1. PROMOTIONAL AND FREE LISTING OFFERS

1. WellScout offers a free, “Claim Your Profile” listing to owners.

2. WellScout, at their discretion, may offer promotional discounted listings to new businesses wishing to list their service on the Site.

5.2. PAID LISTING PLANS

1. Establish your brand plan: a step up from the free/claim your profile option

2. Manage your reputation: the most robust plan offering available

Fee structure of Paid Listing plans are available on our website. All prices and fees are quoted in US dollars unless otherwise stated and subject to change at any time.

5.3. ADVERTISING PLANS

WellScout offers a variety of ways for companies to advertise their products and services on the Site assuming the business/company brand image aligns with WellScout and the products/services the business/company offers is relevant for our WellScout users. A sample of the advertising offerings WellScout has are: sponsored content (write your own article or let WellScout write for you); post a company/business ad on the WellScout Site; corporate website sponsors. The fee structure for advertising plans are available on our website for companies that are interested in advertising.

5.3. PAYMENTS

1. Payments to WellScout for Listing Plan fees can be made by PayPal or Stripe. All banking and other fees relating to a payment shall be borne by the Owner.

2. Payment is a one-time upfront payment according to the selected plan, 6 month or 12 month.

3. All prices/fees are quoted in US Dollars unless otherwise stated and subject to change at any time.

5.4. CANCELLATIONS AND REFUNDS

A listing may be cancelled at any time.  A refund will be calculated on a pro rata basis on the number of days already used within the plan less a US$25 account processing fee.

Listings and listing fee arrangements are non-transferable.

5.6. SUSPENSION AND REMOVAL OF LISTINGS AND PAID PROMOTIONS

1. WellScout reserves the right to remove or refuse to publish any Listing at any time in its sole discretion.

2. The Owner can also suspend or remove their Listings at any time, through the WellScout Owner Admin or by contacting customer service mywellscout@gmail.com

6.0. ADDITIONAL PAID PROMOTIONAL SERVICES

1. WellScout makes available, and may from time to time add to or remove, additional paid promotional services to Owners (“Additional Paid Promotional Services”).

2. Information about current and upcoming Additional Paid Promotional Services can be found on the Site.

3. Each Additional Paid Promotional Service may be subject to additional terms and conditions which will be available to the Owner at the time when the Owner agrees to take the relevant Additional Paid Service.

6.1. PREMIUM LISTING ADVERTISEMENTS

1. WellScout provides Owners with the opportunity to pay for Premium Advertisements to promote their Listing. Owners have the choice of two (2) advertisement types listed on the website.

2. All prices/fees are quoted in US Dollars unless otherwise stated and subject to change at any time.

6.2. NEWS, EVENTS AND OFFERS BLOG PAGE ADVERTISEMENTS

1. WellScout provides Owners with the opportunity to pay for Advertising within our Blog page covering News, Events and Offers.

2. Owners can promote their Listing in this area of the Site with up to 800 words, 4 photos, a URL link, a share to social media link and a comment form for users (comments to be approved by our moderators before publishing).

3. All prices/fees are quoted in US Dollars unless otherwise stated and subject to change at anytime.

7.0. ACCURACY AND CONSISTENCY OF LISTING INFORMATION BY THE OWNER

1. The Owner commits to provide only accurate and up to date information in each Listing and News, Event and Offers (including the description, availability, pricing and cancellation policy), and shall not impose different conditions on the user/individual than those set out in the Listing.

2. WellScout reserves the right to decline to place, amend, or remove, any Listing that appears, in WellScout’s discretion, to infringe, be capable of infringing, or be associated with the infringement of, any provision of this Agreement, any applicable law or regulation or the intellectual property rights of WellScout or a third party.

3. WellScout may also amend your Listing to improve the quality of your Listing.

7.1. SORT RESULTS AT SEARCH

1. The results of searches for Listings depend on WellScout’s algorithms and may vary from time to time. As a result, Owners may notice ongoing fluctuations in their Listing’s position in search results.

2. WellScout provides no guarantee on any position within search results.

8.0. AFFILIATES

1. Listings may be displayed on other sites of affiliates of WellScout (including affiliates in other countries) (collectively referred to as “WellScout Affiliates”), and on the sites of companies with which WellScout may have signed distribution agreements, to the extent that such sites enable online payments and at WellScout’s sole discretion.

2. WellScout may add or remove such distribution at any time, and gives no guarantee of publication other than on the Site where Owner originally registered its Listing.

9.0. OWNER REVIEWS

1. Through Owner Admin, the Owner has access to WellScout users’ reviews for the Owner’s businesses

2. Users may post their own reviews of Owners’ businesses (“User Reviews”) on the Site. The Owner is given the opportunity to view User Reviews, and to respond to them (an “Owner Response”).

3. Please note that WellScout does not verify the accuracy or otherwise of User Reviews.

4. The Owner’s sole remedy, and WellScout’s sole obligation, in the event that an Owner disputes any aspect of a User Review is to permit the Owner to post an Owner Response to it.

5. WellScout requires all User Reviews, Owner Responses and other communications to conform to the WellScout Content Guidelines (hyperlink).

6. May decline to post any of them that WellScout finds does not do so.

7. In the event that any User Review or Owner Response appears on the site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, WellScout shall be entitled immediately to remove from the site the relevant non-conforming User Review or Owner Response.

10.0. RETENTION OF MESSAGES AND OTHER INFORMATION

1. WellScout may, from time to time, use Third Party email servers to send and track receipt of emails, and analyze the pattern of emails sent using third party tracking systems.

2. WellScout’s system does not hold messages indefinitely and they may not be accessible after the message has been delivered.

3. Any email addresses, phone numbers, social media account information or other contact details included within messages monitored by WellScout or using WellScout’s platforms or systems may be removed by us.

4. WellScout has no responsibility for, or involvement in, the communications between Owners and Site Users

5. Owners should print a copy of any message which is important – for example a payment receipt or a booking confirmation.

11.0. GOOGLE MAPS

1. WellScout offers the possibility to link Listings to Google Maps.

2. The Owner must confirm that the address indicated for the relevant Listing is correct on Owner Admin, and must separately agree to Google’s relevant terms and conditions.

3. The Owner accepts that Google Maps is provided under Google’s terms and conditions and WellScout will not be responsible for the functioning, accuracy or otherwise of Google Maps.

4. The Owner acknowledges and accepts that the Google Maps service is not error free and the Owner will ensure that the correct location of the business is shown by Google Maps when using this service.

12.0. GOOGLE ANALYTICS

1. WellScout also uses Google Analytics to gather statistics on site usage. There are more details in the Privacy Policy and in Google’s own privacy policy.

2. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube.

3. Owner accepts that WellScout has no control over Google’s data collection.

13.0. TERMINATION OF CONTRACT

1. If WellScout determines, or an allegation or complaint is received, that:

a). Listings or other content associated with an Owner contain any material that infringes the Content Guidelines, the law, applicable regulations or the rights of any person or entity;

b). an Owner has submitted unsuitable material to, or misused, the site;

c). an Owner’s Listing or business practices are unacceptable or unfair or engages in any practice that would be considered unfair or improper within their respective industries

d). the Owner is in material breach of this Agreement (which shall include any breach of clause 14 ‘Rights and obligations of Owner’ or clause 16 ‘Prohibitions’ of the Listing Agreement) any other obligations owed to WellScout, any WellScout Affiliate or a WellScout Site User;

e). an Owner has been abusive or offensive to any employee or representative of WellScout;

f). an Owner used a false identity;

g). an Owner has otherwise misused WellScout’s systems or communications platforms; or

h). anything similar to the foregoing has occurred in relation to any of WellScout Affiliates,

then WellScout  shall be entitled to, at its sole discretion to:

a). suspend

b). amend

c). down-tier

d). or terminate either

(i) any affected Listings, or

(ii) all Listings associated with that Owner (including, any Additional Paid Promotional Services relating to those Listings), immediately and without refund of Listing Fees or any other fees or charges paid by the Owner

2. WellScout assumes no duty to investigate complaints.

14.0. RIGHTS AND OBLIGATIONS OF WELLSCOUT

1. WellScout may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability.

2. WellScout shall use commercially reasonable efforts to ensure that Business depictions on the site are as true and accurate a representation as practicable of the photographs and profiles of their businesses that Owners have submitted to WellScout. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.

3. WellScout may occasionally undertake upgrades of the Site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the Site.

4. WellScout will, where possible, aim to ensure that maintenance of the Site that causes any such restriction is undertaken at a time when most Site Users’ usage is least affected.

5. WellScout will conduct identity checks through an ID verification process [see clause 4.1 E and ask for proof to establish the existence and ownership of a busines and the identification of an Owner.

6. The Owner agrees promptly (and in any event within any period requested by WellScout) to supply to WellScout such proof of identity or of a business’ existence or business ownership as WellScout requests.

7. Each Owner acknowledges that failure to comply with any such request constitutes a breach of this Agreement.

8. The Owner accepts that it has read the Site’s Privacy Policy and consents to the processing of data as outlined in those policies.

15.0. INTELLECTUAL PROPERTY

1. All content that appears on this Site, and the Site itself, is protected by copyright and database rights.

2. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.

3. Owners are permitted to download, display or print individual pages of the Site to evidence their agreement with WellScout. The relevant file or the relevant printout must clearly bear the text “© Copyright 2018 – Present WellScout LLC– All Rights Reserved”.

16.0. RIGHTS AND OBLIGATIONS OF OWNER

1. The Owner must submit accurate data about their personal identity, listed business related to one of the following categories, including but not limited to:

  • FOOD (included but not limited to: restaurants, cafes, food trucks, bars, etc.)
  • EXERCISE (included but not limited to: gyms, studios, exercise centers, etc.)
  • WELLNESS EXPERIENCES (included but not limited to: meditation classes, retreats, reiki healing, aromatherapy, etc.)
  • HEALTHCARE SERVICES (included but not limited to: functional medicine specialists, emergency rooms, hospital facilities, psychotherapists, etc.)

and payment details, and warrants that it has the authority to advertise the business in the Listing.

1. The Owner warrants that all of the information they provide to WellScout is accurate and up-to-date, including, but not limited to any and all representations about any listed business related to one of the following categories, including but not limited to:

  • FOOD (included but not limited to: restaurants, cafes, food trucks, bars, etc.)
  • EXERCISE (included but not limited to: gyms, studios, exercise centers, etc.)
  • WELLNESS EXPERIENCES (included but not limited to: meditation classes, retreats, reiki healing, aromatherapy, etc.)
  • HEALTHCARE SERVICES (included but not limited to: functional medicine specialists, emergency rooms, hospital facilities, psychotherapists, etc.)

its amenities, location, price, and its availability for a specific date or range of dates.

1. The Owner agrees to comply at all times with their relevant industry codes.

2. The Owner must not include in any Listings or communications with a Site User, any links or references to any other websites, or anything directing traffic away from the WellScout platform, the Site or business that is the subject of a Listing, unless agreed with WellScout in advance.

3. It is the responsibility of the Owner to include a breakdown of the price of their products and services, taxes that may be applicable and amount, so that the Site User has access to such information clearly and simply.

4. If the Owner offers a translation, the Owner must ensure that its content is accurate and that it faithfully reflects the text in the original language. We may also translate your Listing for display on WellScout Affiliates’ sites.

5. Owners are required to keep their account login details secret and not to pass them on to third parties or use them to provide shared access, for example over a network.

6. Owners should use a password which is unique to their use on this Site – they must not use the same password as is used for another site or email account.

7. WellScout will never ask Owners to disclose this data.

8. If Owners are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify WellScout of the situation by emailing mywellscout@gmail.com

9. Should any Owners notice that their account is being used by an unauthorised third party, they should immediately report the matter to WellScout through the Contact Us portal and change their password.

10. The Owner must check the Listing before submitting it to WellScout to ensure that it does not violate any applicable laws or regulations.

11. The Owner is solely and exclusively responsible for the consequences of non-compliance with any law applicable with respect to the content of the Listing.

12. WellScout hereby disclaims any liability for the verification of compliance with any laws applicable in advertisements published by an Owner.

13. The Owner is solely responsible for billing, accounting and settlement to the competent authorities for any tax, fee or fees (including GST, where applicable) on income received.

14. The Owner must have in place home, contents and public liability insurance as appropriate for their listed business.

15. Photographs included in a Listing should depict the business as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party.

16. We do not tolerate spam or unsolicited commercial electronic communications of any kind.

17. It is prohibited to misuse WellScout systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user.

18. You agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.

19. No Listing may be transferred to another party. In the event of a property or business sale or change in property or business management, WellScout will provide guidance on options for creating a new Listing.

20. WellScout reserves the right to transfer this Agreement, and to assign or subcontract any, or all its rights and obligations under this Agreement, to a third party but will not do so in such a way as to reduce any guarantees given to the Owner under this Agreement.

21. If any Listing is in breach of this Agreement, WellScout reserves the right to suspend, down-tier or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 11 of this Agreement.

17.0. PROPRIETARY RIGHTS OF CONTENT

1. Where an Owner submits to or transmits through the site or WellScout’s platform any content of any type, including text or images, the Owner undertakes that it has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or owners of featured items (’property release’).

2. To the extent that Owners’ Listings and other submissions may contain trademarks, Owners warrant that they have the right to use them, including sub-licensing rights.

3. By submitting any form of content to the Site (including photographs), the Owner authorisesWellScout and each of its WellScout Affiliates to reproduce in whole or in part, display and disseminate the content about the performance of this Agreement and in the promotion of the Site. WellScout may also provide such content to its affiliates and third party service providers for the same purpose.

WellScout reserves the right to remove any content contributed to our website by businesses, advertisers or any other user of the website we deem to be in violation of our guidelines, at our discretion. All content is reviewed by WellScout moderators.

For business owners and users submitting business listings, your listing or review submission will appear in search results once it has been approved by our moderators.

Please allow up to 7 business days for any approved listings, updates and reviews to take effect. We are not bound to give any reason for such decisions.

It is the responsibility of the business owner or user submitting the business listing to read and adhere to WellScout’s Content Guidelines, Terms and Conditions and Privacy Policy before submitting any listing. WellScout reserves the right to decline to place, amend, or remove, any listing that appears, in WellScout’s discretion, to infringe, be capable of infringing, or be associated with the infringement of, any applicable law or regulation or the intellectual property rights of WellScout or a third party.

FOR ALL BUSINESS LISTINGS, BLOG POSTS AND OUR COMMUNITY FORUM

Ensure all submitted content:

1. is an accurate and honest portrayal of your business

2. property or business listing is fully operational

3. does not violate any applicable laws or regulations

Prohibited content:

  • listing descriptions that do not relate to the listing
  • webpages from other directories
  • information pertaining to the promotion of another business unless it’s also listed with WellScout
  • fraudulent, false, misleading or deceptive information
  • anything that violates another person’s or entity’s rights
  • profane, illegal, offensive or derogatory content
  • sexually explicit or illegal material whether photographic or written, including links or comments.

BUSINESS SEARCH FILTERING CRITERIA

Please note that this business search filtering criteria is subject to change at any time and may include but is not limited to:

1. FOOD & ASSOCIATED TERMS (included but not limited to: restaurants, cafes, food trucks, bars, vegan, vegetarian, etc.)

2. EXERCISE & ASSOCIATED TERMS  (included but not limited to: gyms, studios, exercise centers, etc.)

3. WELLNESS EXPERIENCES & ASSOCIATED TERMS (included but not limited to: meditation classes, retreats, reiki healing, aromatherapy, etc.)

4. HEALTHCARE SERVICES & ASSOCIATED TERMS (included but not limited to: functional medicine specialists, emergency rooms, hospital facilities, psychotherapists, etc.)

All associated listings that are generated as a result of the search terms will be able to be further filtered by different criteria. These criteria are subject to change at any time. Examples of common filtering criteria are: price (most expensive to least expensive); opening time (what is open now); location (what is nearby you); best match; and you can further sort by “most reviewed”, “most viewed’ and “highest rated”

MEDIA CONTENT FOR OUR COMMUNITY FORUM

This includes photo and video. Any inappropriate or offensive content (including but not limited to the items below) will be removed immediately from the site either with or without notification:

  • fraudulent, false, misleading or deceptive information
  • anything that violates another person’s or entity’s rights
  • profane, illegal, offensive or derogatory content
  • sexually explicit or illegal material whether photographic or written, including links or comments.

Thus, it is recommended that you give thought to any media content that you add to the community forum or to a business listing.

PHOTO GUIDELINES FOR BUSINESS LISTING

1. minimum of 5 and a maximum of 5 photos

2. .JPEG & .PNG files are accepted

3. recommended photo size is 100kb

4. recommended image dimensions 600px x 600px for a Listing Featured image and 800px by 600px for Listing Gallery images.

5. must be related to your business

6. are not to contain inappropriate content

7. not to include duplicates

8. not to include a collage of multiple images

9. be free from clutter, watermarks and logos

10. must not be used without the express consent of the owner.

REVIEWS GUIDELINES

Reviews and ratings are an incredibly useful resource to WellScout site users. Registered users may post their own reviews (User Reviews) of businesses on the site. The business owner is given the opportunity to view WellScout reviews and to respond to the reviews (an Owner Response):

1. Review rating only enabled on published listings

2. 1-5 stars

3. The content of the review must relate directly to the listing being reviewed.

4. You may post images that meet our photo guidelines along with your review. Images must be in png or jpg format and 100 kb in size or less, and at least 800 px by 600px.

5. WellScout does not verify the accuracy or otherwise of User Reviews.

6. The Owner’s sole remedy, and WellScout’s sole obligation, in the event that an Owner disputes any aspect of a User Review is to permit the Owner to post an Owner Response to it.

7. WellScout requires all User Reviews, Owner Responses and other communications to conform to the WellScout Content Guidelines.

8. WellScout shall be entitled immediately to remove from the site the relevant non-conforming User Review or Owner Response.

We will not publish:

1. personal attacks of any kind

2. comments that incite racism, sexism, homophobia, hatred or violence

3. personal information such as phone numbers, email addresses or similar personal information of yourself or others

4. commercial or solicitous posts

5. your review if we suspect that you falsely represent or impersonate another person

6. if you are not 18-years or older

7. reviews that include profanity, references to illegal or sexually explicit activity or personal insults

8. will not publish promotional, spam or defamatory content of any kind.

Review Example:

Title: Fab experience for the solo woman traveler

Review Tip: A great WellScout user review covers safety, service and ambiance. Here’s your chance to comment on your experience as a woman traveler & provide recommendations for other women. Favorite dishes, drinks or something the service provider does well like being a fabulous tour guide, include her too!

We recommend that your review be at least 140 characters long.

The views, opinions and positions expressed within these WellScout Reviews are those of the author alone and do not represent those of WellScout LLC. The accuracy, completeness and validity of any statements made within these reviews are not guaranteed. We accept no liability for any errors, omissions or representations. The copyright of this content belongs to the author and any liability with regards to infringement of intellectual property rights remains with them.

Please read our Website Terms of Use and Privacy Policy for more information.

18.0. PROHIBITIONS

1. The Owner shall not directly or indirectly:

a). With respect to the Site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;

b). Monitor content on the site or communications with Users by means of robots, spiders, or other automatic instruments; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines (not including any website or search engine or other service that provides classified listings or business advertising or listings, or any subset of the same or which is in the business of providing listing services that compete with WellScout) and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent

c). Use the Site or WellScout’s platform or systems for purposes other than those referred to in these Terms and Conditions;

d). Use the Site or the tools and services on the Site for the purpose of booking or soliciting a product/service for a business other than a business under a valid Listing or engaging the services of any other business in our listing categories;

e). Reproduce any portion of the Site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;

f). Upload or send to the Site any content or programs, which because their size or nature, might damage WellScout’s computers or networks;

g). Include content on the Site or WellScout’s platform or systems that breaches any applicable criminal or other laws, or encourages any such breach;

h). Use or access the Site or WellScout’s platform or systems in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user’s hard disk);

i). Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;

j). Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;

k). Refer to WellScout or any WellScout Affiliate in any way that might lead someone to believe that the Owner, any Listing or website is sponsored by, affiliated with, or endorsed by WellScout or any WellScout Affiliate; or

l). Substitute a business in a Listing for another business without the prior consent of WellScout. Prohibited substitution activities include:

2. Listing multiple properties:

a). use of one Listing to promote more than one property, other than as permitted in this Agreement;

3. In the event of any breach of this clause by an Owner, including a failure to pay any fees when due, WellScout reserves the right to suspend, amend, down-tier or terminate the relevant Listing or all Listings associated with the Owner in accordance with clause 18 of this Agreement.

18.1. RIGHT OF BLOCKING, SUSPENSION OR WITHDRAWAL OF LISTINGS

WellScout reserves the right to amend, block or delete a Listing, temporarily or permanently, without any notice to the Owner and without prejudice to any other legal right of remedy in the following circumstances:

a). if the Owner is in breach of this Agreement,

b). if the owner is late in paying the subscription fee or any other charges, or

c). if a third party requests the removal of a Listing on the basis of an alleged violation of trademarks, copyrights, or legislation relating to the protection of privacy and / or personal data, or

d). for any other valid reason and that the Owner cannot prove to WellScout that it has the right to publish this content (including images and / or photographs).

19.0. LINKS TO THIRD PARTY SITES

The Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures.

1. This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site.

2. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof.

3. We may also provide tools to allow interaction between the Site and a third party site, such as a social media site.

4. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.

20.0. OWNER RESPONSIBILITY

The Owner will be held solely and exclusively responsible for all the financial consequences resulting from damage to WellScout due to content or any program transmitted or sent by the Owner that results in any damage to the hardware of WellScout, including damaging the system or data or by causing the failure of such system or faults therein. The financial consequences mentioned above include reasonable legal fees.

21.0. INDEMNIFICATION

The Owner agrees to defend, indemnify and hold harmless WellScout and each WellScout Affiliate, and their respective officers, directors, employees and agents, from and against any claims, actions or demands (including without limitation reasonable legal and accounting fees) brought by third parties brought against WellScout or any Affiliate alleging or arising out of or in connection from:

a). any content or material the Owner submits or provides for inclusion on the Site;

b). any use by the Owner of the Site;

c). your dealings with any Site Users or prospective Site Users; and

d). any breach of this Agreement on the part of the Owner.

22.0. LIMITATION OF LIABILITY OF WELLSCOUT

1. In the event of a breach by WellScout of this Agreement, its total liability will be limited to the amount paid by the Owner to WellScout in connection with the publication of the Listing on the Site.

2. WellScout accepts no liability whatsoever relating to the content of your business Listing on the Site, your Property or business or your dealings with any Site Users or prospective Site Users.

3. Without limiting the foregoing, WellScout  will not be liable for any loss or damage caused by or attributed to any person(s) that visits or stays at your business or engages a service offered by your business in response to an advertisement place on the Site.

4. To the extent permitted by law, we exclude all conditions and warranties relating to the Site. In particular,

5. We do not make any representations or warranties that the Site will be uninterrupted or error free.

6. We do not make any representation or warranty about the success of the Site or likely success of advertising your Property on the Site.

7. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, it will be limited, at our option, to the re-supply of services or the payment of the cost of having them re-supplied.

8. In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, goodwill, data or opportunity) arising out of, based on, or resulting from the Site, your use of the Site and/or any transaction between users, even if WellScout has been advised of the possibility of such damages.

9. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action.

10. If you are dissatisfied with the Site or WellScout’s platform or systems, or you do not agree with any part of this Agreement, then your sole and exclusive remedy against WellScout is to discontinue using the Site.

11. In all events, our liability to you or any third party in any circumstance arising out of or in connection with the Site is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability, and (b) $100.00 in the aggregate

23.0. CONTACTING US

1. Any messages should be sent to WellScout: mywellscout@gmail.com

2. Notices regarding infringements of copyright must specify the following:

a). Your address, telephone number and email;

b). Detailed information about the content concerned (display of the image or text), including a link to the Site; and

c). A formal declaration showing that you:

(i) are the holder of the exclusive user right to the work; and

(ii) have not authorised the use of the relevant material in this form.

24.0. APPLICABLE LAW

This agreement is governed by the laws in force in the Delaware, U.S.A., and you submit to the exclusive jurisdiction of the courts in that State.

25.0. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against WellScout and its users any claims and assertions of any moral rights contained in such Feedback.

26.0. OUR COMMUNITY (FORUM) AND BLOG CONTENT

Disclaimer

Our Website, including all content, products, services and tools made available through Our Website, include information, guidance and tips related to personal health and wellness. By accessing Our Website, including all content, products, services and tools made available through Our Website, you acknowledge and agree to the warnings and disclaimers the apply below.

Before participating in any diet, exercise, or wellness (physical and/or mental) program that may be described and/or made accessible through Our Website, we strongly recommend that you consult with a physician or other healthcare provider. WellScout’s staff, at this time, are not licensed healthcare providers, first responders therapists, psychiatrists, psychologists, life counselors, coaches or any other professional care providers and have no expertise in advising on, diagnosing, examining, or treating any medical, mental, psychological, emotional, relationship or personal growth issues or conditions of any kind, or in determining the effect of any specific action, activity, routine or program (physical or mental), on a medical condition or any other condition.

While some WellScout content providers or contributors may be Professional Care Providers, its staff and its content providers are not rendering any sort of professional, medical or wellness advice of any kind to you, personally, including without limitation, medical, psychological, emotional, relationship, professional or personal growth advice, counseling, therapy, treatment or coaching (known as “Professional Advice”), rather, WellScout only provides general information to you, often based on an individual’s personal experience and opinions, about health and wellness topics. You acknowledge and agree that when reading and consuming any content on Our Website or when using any other tools, products and services described or made available through Our Website, there is the possibility of physical injury, mental or emotional distress and/or death, and you assume the risk and responsibility for any such results.

The content, tools and resources made available through Our Website, is in no way meant to be a substitute for Professional Advice from your health and professional care providers. WellScout makes no warranties, expressed or implied, as to the accuracy, completeness and appropriateness for any purpose of any information or content displayed throughout Our Website. You must be advised that any health and wellness or other Professional Advice is subject to updating and refining due to medical and other research developments. WellScout is committed to bringing you the most accurate, up-to-date information possible, however, we in no way make any guarantee that the information displayed throughout Our Website is the most recent, up-to-date or accurate on any given subject. You are strongly encouraged to consult with your individual healthcare provider or Professional Care Provider with any questions or concerns you may have regarding any health or wellness condition or concern you may have before starting any treatment plan, physical and/or mental, or making any health and wellness changes in response to an activity or program described through Our Website.

Under no circumstances should you disregard the medical, health, wellness or Professional Advice given by a licensed healthcare or professional care provider because of a statement you have read and/or heard through Our Website. Any information or advice given through Our Website should not be used in lieu of Professional Advice given by qualified and licensed healthcare providers, medical professionals and/or professional care providers. It is important that any content, resources, tools or products made available through Our Website is used only in conjunction with health and wellness guidance provided by applicable licensed and qualified healthcare and professional care providers.

If you know or suspect that you may be pregnant, have an eating disorder, have diabetes or have any other physical, psychological, emotional or medical condition, it is vital that you seek the advice of a licensed and qualified healthcare and professional care provider prior to using the content, tools, products and services made available through Our Website. If you experience any pain or discomfort, physical or mental, due to the use and consumption of any content, tools, products or services made available through Our Website, we advise that you immediately cease the activity or actions conducted through a recommended treatment plan To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Our Website, or which, as determined by us, may harm WellScout, its employees, users of Our Website or expose them to any liabilities

Content Submission

We have all rights in Our Website and content; you grant us certain rights when you submit content to us:

By posting or submitting content on or to Our Website (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are granting us, and Our affiliates, agents and third party contractors a perpetual, worldwide, irrevocable, royalty free, nonexclusive and sublicensible right and license to display, broadcast or publish such content on Our Website, related sites and social media and in any affiliated publications, whether online, in print or via other media or technologies (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content in any lawful manner and for any lawful purpose, including commercial, promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by Our Website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or Our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

The following content standards apply you posts or submissions of content on or to Our Website. All of such posts and submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, your posts and submissions on or to Our Website must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Site Terms and Our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising other than with WellScout’s express prior written permission.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

You alone are responsible for your content, and once published, it cannot always be withdrawn. You assume all risks associated with your content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your content as described herein. You may not imply that your content is in any way sponsored or endorsed by WellScout. You may expose yourself to liability if, for example, your content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Our Right to Use Your Content: We may use your content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your content for any purpose. Please note that you also irrevocably grant the users of Our Website and any Other Media the right to access your content in connection with their use of Our Website and any Other Media. Finally, you irrevocably waive, and cause to be waived, against WellScout and its users any claims and assertions of moral rights or attribution with respect to your content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your content.

Ownership: as between you and WellScout, you own your Content. We own the WellScout Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of user content and Our Website content, computer code, products, software, aggregate user review ratings, and all other elements and components of Our Website excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the WellScout Content and Our Website, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the WellScout Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to Our Website and the WellScout Content are retained by us.

Advertising: WellScout and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Content Feeds: WellScout may make some of its website content (“Feed Content”) available via Real Simple Syndication and Atom feeds (“Feeds”). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog (“Your Site”), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on WellScout websites, and attributes WellScout as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that WellScout promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden WellScout’s systems. WellScout  reserves all rights in the Feed Content and may terminate the Feeds at any time. Please contact WellScout to inquire about other possible uses of the Feeds.

You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Terms and Conditions and applicable law, and (d) your use of Our Website and any transactions that you make with us will not violate the rights of any third party. In addition, you agree that you shall be solely responsible for your own submissions and the consequences of posting or publishing them. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR WEBSITE. You may not post content intended to provide professional advice, including the provision of health, wellness and medical advice, or advertising of any kind. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize WellScout to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Use. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage WellScout or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You acknowledge and agree that when you submit content in any form to WellScout or Our Website we may authorize such content to be distributed or syndicated to or published on other WellScout branded environments or those of affiliated parties without payment or other consideration or attribution to you. We may remove content posted by you for any reason.

You must abide by applicable international laws. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Content Restrictions

Your use of WellScout’s content is restricted:

You must not access for use for any commercial purposes any part of Our Website or any services or materials available through Our Website.

Unless expressly stated on Our Website or permitted by WellScout in writing, you may make no other use of the content available on Our Website. If you wish to make any use of material on the WellScout website. If you wish to make any use of material on Our Website other than that set out in this section, please contact: mywellscout@gmail.com

Our website (including all text, photographs, graphics, video, audio, product and service offerings contained on Our Website) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of Our licensors and licensees under applicable agreements, understanding and arrangements) have all rights therein. All individual articles, blogs, videos, posts, content, products, service offerings, resources, tools and other elements that make up Our Website are also copyrighted works, and we (subject to the rights of Our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on Our Website. These Terms of Use permit you to use Our Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on Our Website, except as follows:

  • Your personal computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
  • You may store files that are automatically cached by your web browser for display enhancement purposes
  • You may print or download one copy of a reasonable number of pages of Our Website for your own personal, non-commercial use and not for further reproduction, publication or distribution
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your personal, non-commercial use, provided you agree to be bound by WellScout’s end user license agreement for such applications
  • If WellScout provides social media features with particular content, you make take the actions that are enabled by such features

You must not:

  • Modify copies of any materials from Our Website
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from Our Website

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Our Website in breach of these Terms of Use, your right to use Our Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made. No right, title or interest in or to Our Website or any content on Our Website is transferred to you, and all rights not expressly granted are reserved by WellScout. Any use of Our Website not expressly permitted by these Site Terms is a breach of these Site Terms and may violate copyright, trademark and other laws.

Our name and logo and all related names, logos, products, resources, tools, services, designs and slogans are trademarks of WellScout or its affiliates or licensors. You must not use WellScout’s name, logo, all related names, logos, products, resources tools, services, designs and slogans must not be used without our prior written permission. All other names, logos, resources, tools, services, designs and slogans on Our Website are the trademarks of their respective owners.

25.0. OTHER PROVISIONS

1. This Agreement comprises the entire agreement between you and us and supersedes all prior understandings, agreements or representations.

2. You may not assign this Agreement without our prior written consent.

3. No delay or waiver by us in enforcing any provision of this agreement will be deemed a waiver of our rights.

4. If a term of this Agreement is or becomes invalid or unenforceable, the validity and enforceability of the remainder of this Agreement will not be affected.

You need to bring any action against us within one year. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Our Website, your use of Our Website, or your access to and use of Our products, services, materials, tools and/or resources or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Thank you for reading this document. By proceeding to List and Advertise with WellScout you agree to be bound by the Terms and Conditions of this Agreement.