Terms of Use of Wellmonde

We are happy to welcome you Wellmonde – your one-stop access to wellness community! We hope you will enjoy your experience with Wellmonde. For the purposes of your smooth user experience it is important that you read and understand the below terms.

INTRODUCTION

These Terms of Use (hereinafter "Terms") govern the access and use of the Wellmonde Services and website at www.wellmonde.com including any subdomains thereof, and any other websites through which Wellmonde makes its services available, including our mobile, tablet and other smart device applications, and application program interfaces (hereinafter "Wellmonde Sites") and all associated services. By subscribing to Wellmonde Services through any Wellmonde site by registration of a user account or upon confirming the invitation by Wellmonde or another User, as set out herein, to subscribe to the Wellmonde services, you conclude a legally binding agreement with Wellmonde and agree to comply with these Terms, Privacy Policy and other terms and conditions as there might be applicable to Wellmonde Service at any given time. For the professional users of Wellmonde Services separate agreements with Wellmonde may be concluded, which you, if using Wellmonde in your professional capacity on behalf of a company or a legal entity, must additionally comply with.

When these Terms mention “Wellmonde,” “we,” “us,” or “our,” it refers to Kuruson Oy (Ltd), a company incorporated under the laws of Finland, registration number 2725130-1, address c/o Messilän kartano, Messiläntie 108, 15980 MESSILÄ, Finland., telephone +372 5669 0495, e-mail info@wellmonde.com

Our collection and use of personal information in connection with your access to and use of the Wellmonde Services is described in our Privacy Policy.

1. WELLMONDE SERVICE

1.1. Wellmonde Service is an internet-based service for online storing and sharing information related to the use of wellness services among private customers and service providers of the wellness industry through a secure online networking platform (hereinafter “Wellmonde Platform”) made available and accessible on Wellmonde Sites via user-related interface in accordance with the Terms and Privacy Policy.

1.2. The users of Wellmonde network may be private customers and wellness brands, spas and salons and individual wellness specialists, who have subscribed to Wellmonde Services (hereinafter “Users”). For the use of Wellmonde Services, each User must register an account with Wellmonde. Each User has access to and editing rights of solely of the portion of information available for that particular type of user through a specific online application designated for that particular user type.

1.3. Private customers (hereinafter “Private Users”) users benefit from Wellmonde Services by storing, accessing and editing their personal information, treatment history, habits, medical condition as well as feedback to the treatments, products and specialist in Wellmonde Platform and sharing the portion of the aforementioned information with other Users of Wellmonde in accordance with our Privacy Policy.

1.4. Wellness brands (hereinafter “Brands) benefit from Wellmonde by sharing information about their products and treatments, as well as certificates with other Users, by gaining access to the anonymous aggregate data on the usage of Brand products and treatments by their Partner salons /spas.

1.5. Salons and spas gain access to Wellmonde upon the request of a Brand, which products the salons/spas are licensed to use (hereinafter “Partner Salons/Spas”). Partner Salons/Spas benefit from Wellmonde by storing, accessing and managing the information of bookings, treatments, products, specialists, general salon information in Wellmonde online database and sharing anonymous statistical data of treatments and products with relevant brands in accordance with the Privacy Policy.

1.6. Individual wellness specialists are employed by or otherwise contractually engaged in providing wellness services at Partner Salons/Spas (hereinafter “Specialists”), who benefit from Wellmonde by being able to fill in the notes about treatments used for a Private User, product and care recommendations for the Private User and share this information with such user as well as upon the specific authorisation by the Private User gain access to the profile information thereof in accordance with the Privacy Policy for the purposes of facilitating better customer treatment.

1.7. Brands, Specialists and Partner Salons/Spas are also called Professional Users.

2. REGISTRATION, USER PROFILE AND SECURITY

2.1. Wellmonde Services are solely available for registered Users, who have created their user account on Wellmonde Platform via any Wellmonde Site. Each User shall have access and use Wellmonde Service solely via special Wellmonde online interface created for that particular user type.

2.2. A User can subscribe to Wellmonde Services and register his/her accounts upon the invitation by another User as set out in Clauses 2.3, 2.4, 2.5 and 2.6 sent by an email containing the link to the secure registration form. If a User is invited by another User (‘Inviting User’) to subscribe to Wellmonde Services, such Inviting User is fully responsible for gaining due and proper prior consent by the person to be invited to join Wellmonde Services and undertakes not to send out invitations to such persons who have not clearly and duly consented for to be invited to join Wellmonde Services.

2.3. A Brand may sign to Wellmonde Services based on a bilateral subscription agreement with Wellmonde, whereafter the Brand profile will be created and an email containing the link to the secure registration form is delivered by Wellmonde to the authorized representative of the Brand, who shall register the user name and password of the Brand account and fill in the profile information. Upon creation of the Brand account, the Brand may invite its licensed salons or spas to subscribe to Wellmonde Services.

2.4. A Partner Salon/Spa may create its account and profile and subscribe to Wellmonde Services upon the invitation of the registered Brand sent by an email containing the link to the secure registration form. It is usually the Partner Salon/Spa’s manager and/or receptionist (s) who may use Wellmonde on behalf of Partner Salon/Spa.

2.5. A Specialist may subscribe to Wellmonde Services upon an invitation of the registered Partner Salon/Spa, he/she is employed by or otherwise engaged with sent by an email containing the link to the secure registration form.

2.6. A Private User can subscribe to Wellmonde Services and register his/her accounts upon the invitation by a Specialist sent by an email containing the link to the secure registration form.

2.7. The account for a User is created after such User has accepted the invitation and filled in its customer profile.

2.8. For the sake of clarity, being registered to Wellmonde is not a precondition for a private individual for receiving services or purchasing products of or at a Partner Spa/Salon or Brand.

2.9. Each User must fill in its customer profile and assure that the information provided in connection with the registration to, and use of the Wellmonde Services is true, complete and accurate.

2.10. Each User shall create its username and password for the identifying purposes of interacting with the Wellmonde Service. A User is obliged to keep its username and password confidential, shall not disseminate this information, and shall use the username and password solely in accordance with these Terms. Each User is responsible for all activity occurring under its User account and shall abide by all applicable laws in connection with User’s use of Wellmonde Service.

2.11. Wellmonde should be immediately notified if User becomes aware or there is a suspicion of: (i) any loss or theft of the username or password; (ii) any unauthorized use of the username or password or of the Wellmonde Service or (iii) other breach of security. In the event of such loss, theft or unauthorized use, Wellmonde may impose upon any User, in our sole discretion, additional security obligations, inter alia we reserve the right to block a user profile under suspicion of abuse.
If any unauthorized person obtains access to the Wellmonde Service as a result of any act or omission by a User, a User shall use its best efforts to ascertain the source and manner of acquisition of this information and shall promptly inform us thereof. A User shall also cooperate and assist us in any investigation relating to any such unauthorized access. A User is responsible for actions taken by using its User name until Wellmonde has been informed of the loss of the user name and/or password and we have had a reasonable time to prevent the use of the Wellmonde Service with such User credentials.

2.12. Each User while subscribing to Wellmonde Services shall assure its legal capacity to do so. No person who is a minor under his/her local legislation is eligible to use Wellmonde Service without relevant consent from the parent(s) or other legal guardian(s). Solely the parents or other legal guardian(s) may complete the registration on behalf of a user who is a minor.

2.13. In the event that a person acts as a representative of a Professional User, such person and the respective Professional User shall jointly be responsible that such person has the necessary authorizations to act on behalf of such Professional User. Upon request of Wellmonde, such person must provide Wellmonde relevant evidence of his/her authorization to act on behalf of the Professional User. If such person ceases to be employed or otherwise engaged with or authorized by the Professional User, Wellmonde must immediately be notified thereof by such Professional User, whereafter the person’s access to Wellmonde shall be terminated. Unless notified otherwise, it is deemed that the person is entitled to act on behalf of the User.

2.14. Any User may at any time terminate or request Wellmonde that its or his/her account is terminated. The deletion and/or transfer of the personal information stored under the profile of such User is covered by the Privacy Policy.

3. LICENSE AND OWNERSHIP

3.1. Subject to the User’s compliance with these Terms, Wellmonde grants each User a non-exclusive, revocable, non-transferable, non-sublicensable and limited license to use Wellmonde Services in the manner permitted by these Terms and Privacy Policy.

3.2. No material or design elements of the Wellmonde Sites or Wellmonde Services including but not limited to any text, photos, graphics materials, audio-visual elements, corporate symbols, brand names and/or other information provided on the Wellmonde Sites or contained on or within Wellmonde Services (collectively, the "Materials") may be copied, reproduced, modified, published, broadcast or redistributed directly or indirectly in any manner or medium whatsoever without the prior written consent of Wellmonde, which may be withheld for any reason or no reason at all. All Materials are either owned by or licensed to Wellmonde. Wellmonde and/or its licensors retain all intellectual property and proprietary rights to the Materials. Neither the Materials nor any portion thereof may be used by any person or entity for commercial use.

3.3. Subject to provisions of Privacy Policy, to the extent that the information submitted by User gives rise to any copyright, design right or any other intellectual or industrial property right, such User hereby grants us and the other Users to the extent as appropriate for the provisions of Wellmonde Services, a non-exclusive, royalty-free, transferable and sublicensable worldwide right and license to use such information in solely and only to the extent needed for the purposes of providing, developing and marketing of the Wellmonde Services including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown, and distribute the same without any further notice or compensation by Wellmonde.

3.4. No User is entitled to copy, reproduce, republish, store, transfer, display, encode, transmit, distribute, lease, license, sell, rent, lend, convey, upload or otherwise transfer, assign or make publicly available its account, the Wellmonde Service, a part thereof or the material contained therein in any way other than in as permitted under the Privacy Policy. A User is not entitled to adapt, translate, reverse engineer, decompile, disassemble or attempt to discover the source code, underlying ideas, algorithms, methods, techniques, file formats or programming interfaces of, or create derivative works from the Wellmonde Sites, Wellmonde Services or any part thereof. A User is not entitled to remove, modify, hide, obscure, disable or modify any copyright, trademark or other proprietary rights notices, marks, labels or any other branding elements contained on or within the Wellmonde Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material, or misrepresent the source of ownership of the Wellmonde Service.

4. GENERAL OBLIGATIONS AND RESTRICTIONS TO USING WELLMONDE

4.1. Each User must comply with applicable law and all rights of third parties in connection with the use of Wellmonde Services and Wellmonde Sites. As a condition of the use of the Wellmonde Services, each User represents and warrants that it will not use Wellmonde Services or Wellmonde Sites for any purpose that is unlawful or prohibited in accordance with these Terms, Privacy Policy or other agreements with Wellmonde which a User may be party to.

4.2. Moreover a User agrees not to transmit, distribute, post, communicate or store information or other material on, to or through the Wellmonde Sites and Wellmonde Services that: (i) infringes in any way on any intellectual property or proprietary rights of others or on the privacy or publicity rights of others; (ii) is unlawful, profane, vulgar, sexually explicit, obscene, defamatory, threatening, harassing, abusive, racist, hateful, slanderous, embarrassing or otherwise objectionable or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, as determined by Wellmonde in our sole discretion; (iii) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or (iv) contains viruses, trojan horses, worms, time bombs or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

4.3. A User further agrees not to: (i) use any incomplete, false or inaccurate biographical information or other information; (ii) delete or revise any material or other information of any other User of the Wellmonde Services; (iii) harvest, collect or send information about other Users without their consent; (iv) take any action that imposes an unreasonable or disproportionately large load on the Wellmonde Services’ infrastructure; (v) allow any other person or entity to use your username or password; (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Wellmonde Services; or (vii) access data not intended for you or log into a server or account that you are not authorized to access.

4.4. Wellmonde may investigate occurrences that may involve violations of the foregoing prohibited uses and conduct, and may solicit, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. Consequently, such violations may result in civil or criminal liability and Wellmonde is entitled to remove such violating material or prevent its use without notice.

5. LINKS

5.1. We reserve the right to allow, deny or rescind permission to link to the Wellmonde Sites from any other websites, and to require termination of any link to the Wellmonde Sites, for any reason whatsoever, in our sole and absolute discretion.

5.2. The Wellmonde service may contain links to other website and services ("Linked Websites"). The Linked Websites are not under the control of Wellmonde, and Wellmonde is not responsible for the contents of the Linked Websites, including without limitation, links contained on Linked Websites or any changes or updates to the Linked Websites. Wellmonde provides Linked Websites to you only as a convenience, and the inclusion of any such Linked Websites is not an endorsement by Wellmonde in favor of any company offering products or services on the Linked Websites.

6. PRIVACY POLICY

6.1. Wellmonde maintains a high level of protection of your privacy. We process your personal data in accordance with the applicable Finnish and European Union personal data legislation. More information about the manner and purposes Wellmonde processes your personal data and which means of security we have undertaken in order to protect your privacy, is explained in detail in our Privacy Policy, available available under following link Privacy Policy. The Privacy Policy is always available for your perusal at our sites and you should review it carefully prior to subscribing to Wellmonde Services, as your agreement and consent to the terms of the Privacy Policy is the precondition for your using of Wellmonde Services.

7. DISCLAIMER OF WARRANTIES

7.1. THE SERVICE IS PROVIDED "AS IS." WELLMONDE SHALL HAVE NO LIABLITY FOR ANY INTERRUPTIONS IN THE USE OF THIS SERVICE. WELLMONDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS OR THE SERVICE. WELLMONDE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WELLMONDE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE SERVICE; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE; (V) WARRANTIES RELATING TO INACCURACIES, ERRORS, OMISSIONS OR THE CORRECTNESS OF THE MATERIALS OR OTHER INFORMATION; AND (VI) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY WELLMONDE OR ANY THIRD PARTY. ANY MATERIALS OR OTHER INFORMATION ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

8. LIMITATION OF LIABILITY

8.1. IN NO EVENT WILL WELLMONDE OR ANY OF OUR DIRECTORS OR EMPLOYEES OR OUR COMMONLY OWNED OR CONTROLLED AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE MATERIALS, THE SERVICE, OR ANY WEBSITE LINKED TO THE SERVICE, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY IN ANY MANNER WHATSOEVER FOR DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR ANY OTHER DAMAGES, LIABILITIES, COSTS, LOSSES OR EXPENSES ARISING OUT OF THIS AGREEMENT, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE THE MATERIALS, THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER SYSTEM FAILURE, EVEN IF WELLMONDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WELLMONDE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. INDEMNIFICATION

9.1. Each user agrees to indemnify, defend and hold Wellmonde, its directors or employees and its commonly owned or controlled affiliates, as applicable, and their respective officers, directors, employees, agents and representatives harmless from and against all damages, liabilities, costs, losses and expenses (including reasonable attorneys' fees) arising out of or resulting from: (i) your use of the Wellmonde Service or Materials; (ii) Materials you submit, post to or transmit through the Wellmonde Service; (iii) any actual or alleged breach by you of this Terms ; and/or (iv) your violation of any rights of another.

10. OTHER PROVISIONS

10.1. If any provision of these Terms is found to be unenforceable or invalid under law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

10.2. We reserve the right to revise these Terms from time to time at our discretion without prior notification. We shall however endeavour to notify of the revision of these Terms in a manner of our choice on Wellmonde sites. We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, a user shall not be permitted to assign, transfer, or subcontract any of its rights and/or obligations under these Terms.

11. GOVERNING LAW AND JURISDICTION

11.1. These Terms and Conditions will be governed by and construed in accordance with the laws of Finland, without regard to the principles governing conflicts of any jurisdiction.

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