Terms & Conditions and Privacy Policy for Well Cell Limited

Please read these terms and conditions (“Terms or Terms and Conditions”) carefully before using [Well Cell apps] (“App or Well-Cell App”) which is owned and operated by Well Cell Limited (“Company or We”) and is offered to you (“You, Your or User”).  Your access to and use of the App is conditioned on your acceptance of and compliance with these terms. These Terms apply to all visitors, users and others who access or use the App.

(a)The Terms and Conditions contained herein govern the use of the App. Please read these carefully before using the App or any other services offered by the Company.

(b)By accepting these Terms and Conditions you warrants and represents that you are aged 18 years and above or if you are under the age of 18, you confirm that you have obtained the consent of your parent(s) / guardian. By indicating your acceptance and proceeding to use the App you also confirm that you agree to abide and be bound by any and all of these Terms and Conditions.

(c)If you do not agree with any or all of these Terms and Conditions, please DO NOT use the App. Your use of the App will be deemed as your confirmation that you have read, understand and agreed to be bound by these Terms and Conditions.

The concept of the Well-Cell App relies to a great extent on the publication of information regarding individual users to other users by making them accessible via the Well-Cell mobile application. All users can freely access to the private profile information (picture, first name, last name and location) and training information (workout times and repetitions) of all other users. Well-Cell App users do not have the option to disable this function. It is observed that competition is an extrinsic motivator because it encourages self-motivation.  

(a)The proposals and suggestions provided by the Company is for general reference and information purposes only. You should not rely on any advice or information received via the App for your personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

(b)The written, audio and visual materials contained on this App reflects the author’s knowledge, experience, and expertise but none of the information contained herein is intended to be a substitution for fitness, dietary, or medical advice.

(c)Results from the Well-Cell program may vary across individual efforts and/or various other factors that are beyond the expertise or control of the Company.

(d)Any exercise holds an element of risk if undertaken without supervision or if performed incorrectly. These exercises are recommendations only and are performed at your own risk. If you feel any discomfort or pain during exercise, stop immediately. Before beginning any exercise programs, including prior to you perform any exercises contained in the Well-Cell programs, you should consult with your own physician and/or other qualified healthcare professionals to assess your physical condition.

(e)If you are unsure of the suitability of any meals or supplements referred to on this App, please consult your doctor or a registered dietician before consumption.

(f)The Company does not offer any warranties or guarantees as to the accuracy, timelines, performance, completeness or suitability of the information and materials found or offered in the App for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

(g)The Company is in no event responsible or liable for any injuries incurred or suffered by the readers arising out of or in connection with the readers’ use of the App.

(h)The Company takes no responsibility for the actuality, correctness, completeness or quality of the information provided. Liability claims against the Company of a material or immaterial nature that are caused by the use or disuse of the information presented on the App or the use of faulty and incomplete information are generally excluded, unless there is proof of any intent or gross negligence on the part of the Company. The Company reserves the right to alter, add to, or remove the offer, wholly or in part the provisions of these Terms and Conditions without prior notice and/or to cease publication temporarily or permanently.

(i)The Company assumes no liability for the interception, alteration, or misuse of the information by other users.

(a)Well-Cell is the copyright of the Company. The copyright material includes, but is not limited to, written content, the design, layout, look, appearance, graphics, audio and video that are part of the Well-Cell. All rights are reserved and reproduction is prohibited.

(b)Unless otherwise indicated, all images text, graphics, videos, audio, design, information, code, scripts, programming, and other material and files used or contained herein are protected by copyright, trademark or other proprietary rights as the intellectual property of the Company and you shall not distribute, download, modify, publish alter, modify, sell, reproduce, license or copy in full or in part any of the content of the App without the prior written consent of the Company.

(c)The App may contains images, logos, trademarks or service marks of third parties and these intellectual property rights are exclusive property of their respective owners and no use or other rights are granted with respect to these intellectual property rights without the express and written consent of the respective owners.

(a)The App integrates with different connections to the social network such as Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA. They allow you to share activities on Facebook and get to know other Facebook Well-Cell application users. An overview of Facebook integrations and social plugins can be found here: http://developers.facebook.com/docs/plugins/. Whatever information that is made available to Facebook through integration will not be kept or stored by the Company. Whenever you invite friends via Facebook, it would allow you to gain information about your friends via the App. The Company as the provider of the App does not receive any of this information.

(b)When you share your performances on Facebook, Facebook is able to correlate your usage of the App with the corresponding user’s Facebook account. The Company does not have any knowledge of the future data usage by Facebook. You can find more information on that issue in the privacy policy of Facebook at: http://www.facebook.com/about/privacy/.

(c)You have to enable the Facebook connection in their Settings before they can share performances and invite friends on Facebook. It is up to you to disable the Facebook and the App integration through Settings. By activating the Facebook connection in your Settings, you explicitly consent to the information exchange described in this section.

(a)The App uses Google Analytics, an analysis service by Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics allows the Company to analyze the Appusage.

(b)The information about your visit to App would be collected by Google Analytics and transferred to a Google server in the USA. Google will use the information collected on behalf of the application operator to evaluate the users’ use of the application, compile reports about the users’ activities within this App, and provide further services for the application operator in relation to the use of the App.

(c)The Company will not gather any personally identifiable information through Google Analytics. You can find more information about what data can be collected via Google Mobile App Analytics at http://support.google.com/analytics/bin/answer.py?hl=en&answer=2568871.

(d)By using the App, you explicitly consents that his or her information is collected via Google Analytics.

(a)Any personal information obtained from the Company’s users will be regarded as private information and will not be disclosed to any third party, save and except as in provided by law or with your express consent.

(b)We receive and store certain types of information whenever you interact with our App. We capture data based on the geographic location data where you use your mobile device or computer (as indicated by an IP address). We do this in order to help us support our service and localise your experience.

(c)The Company collects different types of personally identifiable information from their users upon registration and in connection with the usage of the App. These personally identifiable information collected are divided into the following categories:

(i)Profile information which users can freely enter, change and delete via Settings such as: first name and last name, location and gender.
(ii)Training information which will be stored when users save performances such as: workout times, and exercise repetitions.
(iii)Email addresses.

Personally identifiable information shall be used to offer new applications to the members, improve such applications and adapt them to the users’ needs.

(d)Use and sharing of personally identifiable and non-personally identifiable information with third parties. By registering, you explicitly agree that the Company shall have the right to use all automatically collected personally identifiable information for purposes of the App and future web services. The Company does not sell, trade, or otherwise transfer users’ personally identifiable information to outside parties. This does not include trusted third parties who assist us in operating our App and conducting our business, so long as those parties agree to keep this information confidential. The Company may also release users’ information if it is necessary to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. The Company may use the information collected, including your personal information, to:

(i)ensure technical functioning of the App, develop new services, and analyse the utilization of the App, including your interaction with our App and website;
(ii)communicate with you for service-related purposes, including promotional e-mails or on-site messages;
(iii)enable and promote the App, such as notifications you may receive on your App.

(e)Email addresses will not be shared with any other user. They may, however, be automatically added to the Company mailing lists. From time to time the Company may email you electronic newsletters, announcements, surveys or other information. If you prefer not to receive any or all of these communications, you may opt out by following the directions provided in the electronic newsletters or announcements.

(f)The user explicitly consents that the Company may provide non-personally identifiable information to other parties for purposes of marketing, advertising or other uses.

(g)Protecting your information. We take the privacy and security of your personal information and data very seriously. We have implemented data management policies and procedures, including technical measures that are designed to help safeguard it. As a user you also play an important role in ensuring your security, for instance your password to access our website or our App, which you create at registration, should never be shared with anyone and should be changed frequently.

(h)How you can manage or limit the data you provide us. You can modify or delete all personal information in your profile settings at any time. You can link or de-link your account from your Social Login (Facebook). You can close your account at any time. When you close your account, we will delete all information that you have previously provided to the Company. We may retain archived copies of your information for a commercially reasonable period after closing your account for legitimate business purposes. We will not disclose your personally identifiable information to third parties.

(i)Accessing your personal information. You can review, modify or remove your personal information that is provided to us via Settings in your account/profile. Please note that we will need to retain some of your basic personal information if necessary to operate our services.

(j)Changes to privacy policy. The Company reserves the right to change this privacy policy from time to time. If the Company decides to do so, it will keep the users posted via the Settings section of the App. Users are advised to regularly check the application for any changes in the privacy policy of the App.

You agree to indemnify and hold the Company and its suppliers harmless from and against all and any loss, damage or any other cost and liability incurred or suffered including the cost of legal advice and representation, resulting from any claims or legal proceedings which are brought or threatened arising out of your conduct which is in violation of another’s rights and in breach of the Terms and Conditions herein.

(a)The App may contain links to other websites. If you choose to proceed with another third party link, you will be directed to that third party’s website. We do not exercise any control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of personal information you submit to them.

(a)The Company takes no responsibility and liability for the accuracy, legality or the content of external links. The inclusion of such link does not represent an endorsement or warranty of any third party web pages or other contents by the Company.

We may terminate or suspend your use of the App with or without notice at any time and without any liability to you. Upon termination thereof, your right to use the App and any other rights or permissions granted to you in these Terms and Conditions will be terminated and you shall not continue to use the App and must delete the App from your mobile device.

This Terms and Conditions shall be governed and construed in accordance with the law of Singapore, and by using this App you agree to submit to the exclusive jurisdiction of the courts of Singapore.

Product Purchasing Terms & Conditions

Please read these Terms & Conditions (the “Terms and Conditions”) carefully. These Terms and Conditions set out your rights with respect to any purchases made by you (the Independent Representative or Retail Customer), including important limitations and exclusions, such as those in Well Cell product warranties.  In these Terms and Conditions, when Well Cell Pte. Ltd. uses the term “we”, “us”, “our” or “Well Cell” , it means Well Cell Pte. Ltd. and, unless the context otherwise requires, the singular includes the plural and vice versa.

BY PLACING AN ORDER WITH US, YOU ACCEPT AND ACKNOWLEDGE RECEIPT OF THESE TERMS AND CONDITIONS BOTH UNDER REGULAR PURCHASE

Well Cell reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time.  
You should read these Terms and Conditions together with any other existing and future written agreements that you have with us. If there is a conflict between a term in these Terms and Conditions and any other written agreement you have with us, the term of these Terms and Conditions shall prevail.

1.1 Your order is treated as an offer to us. Your product order/s can be accepted only once we have received the correct required payment. We shall have the power to determine, at our sole discretion, whether or not to accept your offer. Once we have received the payment and accepted your offer, we will confirm that your order has been accepted by sending an email to you at the email address you have provided to us in your order. The acceptance of your offer shall be deemed to be concluded in Singapore. Our acceptance of your order brings into existence a legally binding contract between us. Should we reject your offer, any payment/s made by you shall be refunded in the manner provided for in subclause 4.2 of these Terms and Conditions.

1.2 In placing an order, you certify that the information provided by you is complete and accurate. Without limiting the foregoing, you undertake that:

(a) you are legally and fully entitled to use any credit card and/or such other method or modality of payment as may be agreed between the parties for the purpose of making the purchase; and

(b) there are sufficient funds in the chosen method or modality of payment to cover the total cost of your purchases, including any applicable delivery charges.

1.3 Although we strive to ensure that all information (including prices and specifications) displayed on our website is accurate, we make no guarantee that the information is correct. In the event that an item is listed at an incorrect price or with incorrect information, we shall have the right, at our sole discretion, to refuse any order placed. Should we refuse your offer, any payment/s made by you shall be refunded in the manner provided for in subclause 4.2 of these Terms and Conditions.

2.1. The prices payable for the products that you order are as displayed on our website.

2.2. The prices displayed on the website are exclusive of delivery charges. Please refer to the details of delivery charges displayed on our website.

2.3. Unless otherwise specified, the prices displayed on our website are net prices inclusive of GST but excluding customs duties, tariffs, import tax, etc. You shall be solely responsible for any possible customs duties, tariffs, import tax, etc, payable upon the arrival of the product/s at the country to which you instruct us to ship your product/s to.

2.4. You may pay for any products ordered by using a credit card and/or such other method or modality of payment as may be agreed between the parties. All credit card purchases are subject to approval from your credit card company. Well Cell will not be held liable for any losses you may suffer as a result of unauthorised use of your credit card any other party.

3.1. 7-Day cooling off period

Any unused product either Fitness or wellness purchased from the website can be cancelled and refunded within 7 days from the date of purchase as per Singapore Consumer Protection Law.

3.2. Contract for Sale of Goods

If the products that you ordered from us are goods, you may cancel your contract with us for the goods that you have ordered, at any time up to the end of the seventh (7th) days from the date of delivery of the product/s to you.

3.3. Contract for Sale of Services

If the products that you ordered from us are related to services other than goods, you may cancel your contract with us for the services that you have ordered, at any time up to the end of the seventh (7th) days from the date of our email confirming our acceptance of your order.

3.4. To cancel your contract you must notify us in writing in accordance with clause 12.

3.5. If you have received the products or any materials from us relating to the products before you cancel your contract, then you must send the products or those materials back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the products for delivery, you must not unpack the products or any such related materials when they are received by you, and you must deliver the products or those related materials back to us at our contact address at your own cost and risk as soon as possible.

3.6. Once you have notified us that you are canceling your order or contract, any sum debited by us from your credit card will, subject to the deduction of an administration fee, be re-credited to your account as soon as possible, and in any event within thirty (30) days of your order PROVIDED THAT the products in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the products delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the products from the amount to be re-credited to you.

4.1. Where, at the time of delivery, the products do not conform to the “applicable contract” within the meaning of the CPFTA, you have the right to require us to repair or replace products; or to require us to reduce the amount to be paid for the purchase by you by an appropriate amount; or to require us to rescind the contract with regards to the goods in question.

4.2. If you require us to repair or replace the products, we shall repair, or, as the case may be, replace the products within a reasonable time and without causing significant inconvenience to you; and we shall bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage). If, however, the above-mentioned remedy is impossible, disproportionate in comparison to the other of those remedies, or disproportionate in comparison to an appropriate reduction in amount to be paid for the purchase under the circumstances stipulated in 4.5., we shall not be required to repair or, as the case may be, replace the goods.

4.3. If you require us to reduce the amount to be paid for the purchase of the products in question to you by an appropriate amount; or to rescind the contract with regards to those products, the condition is that you may neither require repair nor replacement of the products; or you have required us to repair or replace the products, but we are in breach of the requirement to do so within a reasonable time and without causing significant inconvenience to you. If you rescind the contract, any reimbursement to you may be reduced to take account of the use you have had of the products since they were delivered to you.

4.4. Where you require us to repair or replace the products, you must not reject the products and terminate the contract for breach of condition; or require the products to be repaired or replaced (as the case may be) until you have given us a reasonable time in which to repair or replace (as the case may be) the products.

4.5. Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to the nature of the products; and the purpose for which the products were acquired.

5.1 Well Cell reserve the right to change prices without prior notice

6.1. We will deliver the products, if it is/they a/are good/s, ordered by you to the address you gave us for delivery at the time you made your order or at the time of payment. All products will be delivered to the delivery address provided by you during the order process. Time for delivery is an estimate only and it is not a condition of this agreement. Delayed delivery is not a basis for cancellation of the order or a request for compensation. Orders may be refused if we believe that there is any infringement to this Terms and Conditions or the delivery address is in question or in complete, and entirely at the discretion of Well Cell.

7.1. If the products we delivered are not what you ordered or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing in accordance to clause 13, of the problem within ten (10) working days of the delivery of the product/s in question.

8.2 If you notify a problem to us under this subclause, our only obligation, at your option, shall be:

(a) to make good any shortage or non-delivery; or

(b) to replace or repair any products that is/are damaged or defective; or

(c) to refund to you the amount paid by you for the products in question in whatever way we choose.

8.3.Save as precluded by law, we will not be liable to you for any indirect or consequential losses, damages or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the products in question under subclause 12.2(c) above.

8.4.You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products from our website. The importation or exportation of certain of our products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products you purchase.

8.5.We will rely on the accuracy of all information you provide in your order. Thus you will be required to ensure that all the information you provide in your order is correct before you submit it to us. You shall be solely responsible for any losses and/or delay due to any incorrect information you provide us in your order.

8.6.Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

9.1.Upon receiving the products from us, you shall examine the products and confirm that it is/they are of satisfactory quality, appearance and finish, and free from visible defects by signing and returning to us the products delivery notice with such statement printed thereon upon receipt or within seven (7) days from date of receipt. In the event the products delivery notice is not returned within seven (7) days from the date of receipt, it shall be deemed that there are no defects.

11.1If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

12.1 You acknowledge and agree to be bound by the terms of our Privacy Policy.

13.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right to enforce any term of this agreement.

14.1 The contract between us shall be governed by and interpreted in accordance with the laws of the Republic of Singapore and the courts of the Republic of Singapore shall have jurisdiction to resolve any disputes between us.

Disclaimer

The Epi Life App and Program is not a medical phone application program nor is it intended to cure heal or treat.
The Epi Life App is only intended to optimise liquids, foods and life styles. The Epi Life App and program is NOT designed or intended to be used for medical purposes. It is NOT a medical program in any way, nor is it a diagnostic tool of any kind and cannot diagnose, treat, mitigate, improve, cure or prevent any disease, it cannot reduce pain or diagnose any condition, or affect the structure or any function of the body.

Always seek the advice of a qualified medical professional before making any changes to your nutrition regime, sleep or exercise. Not doing so may cause health challenges.

Information has been carefully checked and is believed to be accurate; however, no responsibility is assumed for inaccuracies. Well Cell PTE Ltd or its associates shall not be liable for any incidental or consequential damage resulting from the performance or use of the Epi Life App. Well Cell PTE Ltd reserves the right to make changes without further notice to any products. Well Cell PTE  Ltd or its associates does not assume any liability arising out of the application or use of any product; neither does it convey any license under its patent rights of others.

Well Cell PTE Ltd nor its associates assumes no responsibility for errors or omissions or any damages resulting from the use of the information contained in this Web Site. Well Cell PTE Ltd and its associates reserves the right to revise or alter to include any changes in specifications or functions anytime, without notice and without any obligation to notify any person of these changes, in view of further revisions or developments of the product in future. No part of this web site may be reproduced in any form without the permission of Well Cell PTE Ltd.