TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use (the “Terms of Use”) form a binding agreement and govern your access to and use of the services (“Services”) provided by Alma Holdings Limited (“ALMA Wellness,” “we” or “us”) through our web site located at www.almawellness.com (the “Site”).

 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCEPTING THE TERMS OF USE, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, OR EACH TIME YOU ACCESS OR USE THE SITE, SERVICES OR MATERIALS (DEFINED BELOW), YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE WHETHER YOU ARE A “VISITOR” (WHICH MEANS THAT YOU SIMPLY BROWSE THE SITE), OR YOU ARE A “REGISTERED USER” (WHICH MEANS THAT YOU HAVE REGISTERED WITH THE SITE OR SERVICES AND ESTABLISHED AN ACCOUNT WITH US). IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS OF USE AND MAY NOT ACCESS OR USE THE SITE, SERVICES OR MATERIALS.  IN ADDITION, YOU MAY NOT ACCESS OR USE THE SITE, SERVICES OR MATERIALS IF YOU ARE OUR COMPETITOR, EXCEPT WITH OUR PRIOR WRITTEN CONSENT.

 

Certain features of the Site or Services may be subject to additional guidelines, terms, or rules, which will be posted in connection with such features, and all such additional terms are hereby incorporated by reference into this Agreement.

 

1.  ACCESS; LIMITED LICENSE TO USERS.  Visitors may browse the Site in accordance with these Terms of Use and will not have access to certain Services or Materials without becoming a Registered User.  Those Services and Materials that are only available to Registered Users require you to set up an Account prior to accessing such Services or Materials.  When you set up an Account, You are required to select a logon ID and password.  You may not transfer or share your logon ID, password or account (collectively, the “Account Information”) with anyone, and you are solely responsible for maintaining the confidentiality of your Account Information.  You agree to immediately notify us of any unauthorized use of your Account Information or any other breach of security. You are solely responsible for any and all use of your Account.  You represent and warrant that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.

Subject to these Terms of Use, including, without limitation, the payment of all applicable fees, we grant you a limited, non-exclusive, nontransferable, revocable license, during the term of these Terms of Use, to view, download and print content and materials that we may from time to time specifically identify within the Site as available for download (“Materials”) solely for your personal, informational and internal business purposes.

 

2.  PAYMENT.  Prior to having access to certain Services or Materials, you must submit an order by selecting the Services or Materials you wish to access and submitting all applicable fees, which are due and payable at the time of your order. To submit an order for any Services or Materials, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. We may permit you to submit payment for Services or Materials through a third party payment service provider at our discretion, in which case you represent and warrant that you have complied with all requirements of such third party service provider and that we have the right to request and receive payment from such third party service provider regarding your purchase of access to the Services and Materials.  If payment for Services or Materials is submitted directly through the Site or Services, you will be required to give us a valid credit card number (VISA, MasterCard or any other issuer then accepted by us) and associated payment information at the time of your order, including all of the following: (a) your name as it appears on the card, (b) the credit card type, (c) the date of expiration of your credit card, (d) billing address, and (e) any activation numbers or codes needed to charge your card. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before we (or our third party payment service provider) invoice the credit card for all amounts due and payable.  By providing us with your credit card number and associated payment information, you agree that we, and/or our third party payment service providers are authorized to immediately invoice your Account for all fees and charges due and payable to us as a result of your order, including but not limited to fees for the Services and/or Materials, set up fees, subscription fees or any other fee or charge associated with your access to the Services and/or Materials.  In the event that access to the applicable Service and/or Materials requires a recurring payment, you agree that we (or our third party payment service provider) may automatically invoice your Account at the beginning of each recurring period. You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder. We do not offer refunds for our products and services. We reserve the right, at any time, to change our prices and billing methods for Services and Materials in accordance with these Terms of Use.  You agree that in the event we are unable to collect the fees you owe us for the Services and/or Materials specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that we may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

 

3.  USE OF MATERIALS.  Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Materials available on this Site subject to the following conditions:

The Materials may be accessed and used solely for personal, informational, and internal purposes.

The Materials on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others.

You will not quote or display Materials, or any portions thereof, out of context.

The rights granted to you constitute a license and not a transfer of title.

Any Materials made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution.

Use of the Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators are subject to prosecution to the maximum extent possible.

 

4.  RESTRICTIONS.  The rights granted to you by these Terms of Use will remain in force only for so long as these Terms of Use remain in effect, and are subject to the following restrictions: (a) you shall not license, sublicense, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Site, Services or Materials or make the Site, Services or Materials available to any third party; (b) you shall not modify, make derivative works of, disassemble, decompile, reverse engineer or otherwise attempt to obtain or perceive the source code from which any part of the Site, Service or Materials is compiled or interpreted, and nothing in these Terms of Use should be interpreted as granting you any right to obtain or use source code; (c) you shall not access the Site, Services or Materials in order to build a similar or competitive product or service or attempt to access the Site, Services or Materials through any unapproved interface; (d) you will not use any device, software, or routine to damage, interfere or attempt to interfere with any application, function, or use of the Site, Services or Materials; (e) except as expressly stated herein, no part of the Site, Services or Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; and (f) any future release, update, or other addition to functionality of the Site, Services or Materials made available by us (if any) shall be subject to the terms of these Terms of Use unless we expressly states otherwise. You further agree not to combine or integrate the Site, Service and/or any Materials with hardware, software or other technology or materials not provided by us.  You shall preserve all copyright and other proprietary rights notices on the Materials and all copies thereof. You acknowledge and agree that the Site, Services and Materials may contain security technology that limits your usage of the foregoing.

You agree not to use the Services, the Site or Materials to: (i) violate any local, state, national or international law; (ii) stalk, harass or harm another individual; (iii) collect or store personal data about other users; (iv) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (v) interfere with or disrupt any servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.  Without our written consent, you may not (1) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (2) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

 

5.  OWNERSHIP.  All right, title and interest, in and to the Site, Materials, and Services, as well as their selection and arrangement and the software, code, proprietary methods and systems, content, information and data used to provide the foregoing (collectively, “Our Technology”), are owned, retained and controlled by ALMA Wellness and its licensors, and are protected by copyrights, trademarks, patents, trade secrets or other intellectual property, unfair competition, or proprietary rights (collectively, “Intellectual Property Rights”). Any unauthorized use of or access to Our Technology is strictly prohibited.    Except as expressly specified in these Terms of Use, the provision of our Technology does not transfer to you or any third party any rights in, or ownership of, such Intellectual Property Rights. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors.  You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology.  Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use.  Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology.  Certain of the names, logos, and other materials displayed on the Site or in the Services or Materials constitute trademarks, tradenames, service marks or logos (“Marks”) of ALMA Wellness or other entities.  You are not authorized to use any such Marks.  Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.  Any use of third party software provided in connection with the Site, Services or Materials will be governed by such third parties’ licenses and not by these Terms of Use.

Your feedback is welcome and encouraged. You agree, however, that (a) by submitting unsolicited ideas to us, you automatically forfeit your right to any intellectual property rights in those ideas, and hereby assign all of your rights and interest in such feedback to ALMA Wellness; and (b) unsolicited ideas submitted to us or any of our employees or representatives automatically become our property.

Data that You may provide to ALMA Wellness is Yours (subject to ALMA Wellness’ ownership of the template(s) that may contain Your data).  You are solely responsible for the accuracy and content of Your Data.

 

6.  WARRANTIES AND DISCLAIMERS.  THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY ALMA WELLNESS UNDER THESE TERMS OF USE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ALMA WELLNESS MAKES NO WARRANTY THAT (A) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (D) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND/OR (E) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND ALMA WELLNESS MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.

THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. ALMA WELLNESS ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALMA WELLNESS OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. ALMA WELLNESS WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

THE ABOVE DISCLAIMER ALSO APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

 

7.  LIMITATION OF LIABILITY.  YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE, SERVICES AND MATERIALS, IN ACCORDANCE WITH THESE TERMS OF USE, IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE, SERVICES OR MATERIALS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR SERVICE PROVIDERS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT OR SERVICE PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE.  IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY REGISTERED USER.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, SERVICES OR MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, SERVICES AND MATERIALS.  OUR TOTAL LIABILITY TO YOU FOR ANY PARTICULAR CLAIM ARISING FROM OR RELATED TO THE SITE, SERVICES OR MATERIALS IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR THE SITE, SERVICES OR MATERIALS WITH RESPECT TO SUCH CLAIM; OR (B) FIVE DOLLARS (U.S. $5.00).   NOTWITHSTANDING THE FOREGOING, ALMA WELLNESS’ AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE, SERVICES OR MATERIALS IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY OR TO YOU FOR USE OF THE SITE, SERVICES OR MATERIALS; OR (II) ONE-HUNDRED DOLLARS (U.S. $100.00).  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.  TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ALMA WELLNESS OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

 

8.  INDEMNITY.  You agree to indemnify and hold ALMA Wellness, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, attorneys, subsidiaries, partners, and affiliates, harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees), made against ALMA Wellness by any third party due to or arising out of or in connection with (a) your use of the Site, Materials, or Services; (b) any information you submit, post or transmit through the Site or Services; (c) your violation of these Terms of Use; (d) your violation of any rights of any other person or entity; or (e) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services.

 

9.  USE OF THIRD-PARTY OFFERINGS.  You may be able to access websites, content or services provided by third-parties through links that are made available on the Site.  Additionally, from time to time we may refer you to one or more of our business partners who make available products or services through their respective websites or by other means (e.g., by mail or otherwise).  We refer to all such websites, content, services and products as “Third-Party Offerings.”  For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers.  Unless we otherwise inform you on the Site, your use of such Third-Party Offerings is not ordinarily required in order to access and/or use the Services.   If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s).  You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms of Use do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.

 

10.  PRIVACY.  Certain portions of the Site and Services, such as the login, order and registration process, will ask you to provide certain personal information to us.  All uses of your personal information will be treated in accordance with our Privacy Policy, which is incorporated by this reference into these Terms of Use.  If you use the Site and/or Services, you are accepting the terms and conditions of our Privacy Policy.  If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site, Services and Materials.

 

11.  COPYRIGHT POLICY.  You may not post, distribute, or reproduce in any way any ALMA Wellness copyrighted material, trademarks, or other proprietary information unless you have the right to do so.  We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

§ An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

§ a description of the copyrighted work that you claim has been infringed;

§ a description of where the material that you claim is infringing is located on the Site or Services;

§ your address, telephone number, and email address;

§ a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

§ a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For notice of claims of copyright infringement on the Site or Services, you can send an e-mail to our Copyright Agent at info@almawellness.com.

 

12.  MODIFICATIONS TO TERMS.  We may change the terms of these Terms of Use from time to time on a going-forward basis.  We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email (for Registered Users only).  Any such modifications become effective upon the earlier to occur of (a) your acknowledgement of such modifications; or (b) your continued access to and/or use of the Site or Services after we post notice of such modifications.  It is your sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms of Use.  If you do not agree to any changes, if and when such changes may be made to the Terms of Use, you must cease access to the Site and use of the Services and Materials.  You give us permission to email you for the purpose of notification as described in this Section.

 

13.  MODIFICATIONS TO THE SITE OR SERVICES.  We reserve the right to modify or discontinue the Site, Services or Materials with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site, Services and/or Materials.  If you object to any such changes, your sole recourse will be to cease access to the Site, Services and Materials.  Continued access to the Site, Services or Materials following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site, Services or Materials as so modified.

 

14.  TERM.  Subject to this Section, these Terms of Use will remain in full force and effect while you access and/or use the Site, Service, Materials and/or maintain an Account.  You may terminate your Account at any time, for any reason by sending an e-mail using the Site’s Contact page. Except for termination of your Account, you do not need to inform us if you wish to stop using the Site, Services or Materials.  You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion.  YOU AGREE THAT ALMA WELLNESS WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE, SERVICES OR MATERIALS OR DELETION OF YOUR ACCOUNT OR ACCOUNT INFORMATION. TERMINATION OF YOUR ACCOUNT WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE, MATERIALS OR ANY SERVICES, WHETHER SUCH OBLIGATION IS TO ALMA WELLNESS OR A THIRD PARTY.  Upon any termination of these Terms of Use by either party, your right to access and use the Site, Services and Materials will terminate immediately, and you must immediately delete any Materials, and all copies thereof, then in your possession. Sections 2 and 4 through 17, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Services and Materials will survive the expiration or termination of these Terms of Use for any reason.

 

15.  ELECTRONIC COMMUNICATIONS.  The communications between you and us use electronic means, whether you visit the Site or send us emails, or whether we post notices on the Service or communicate with you via email.  This Section 15 informs you of your rights when receiving Communications from us electronically.  For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing.  Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights.  You may also receive a copy of these Terms of Use by accessing this Site.  You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site, Services and Materials. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

 

16.  GENERAL TERMS.  You are responsible for compliance with all applicable laws.  The Terms of Use and the relationship between you and ALMA Wellness will be governed by the laws of the Hong Kong SAR, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.  Any legal action, suit or proceeding arising out of or relating to the Terms of Use, or your use of the Site or Services must be instituted exclusively in the courts located in Hong Kong SAR, and in no other jurisdiction.  You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court.  These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void.  You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.  The paragraph headings in these Terms of Use, shown in boldface type, are included only to help make these Terms of Use easier to read and have no binding effect.  Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and ALMA Wellness with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.

 

17. BLOG.  The Site occasionally publishes stories of individuals and companies. By submitting responses via an online form on the Site or by directly sending an email to an ALMA Wellness email address, you confirm your acceptance of these additional terms and conditions.

§ submitting the questionnaire does not guarantee that your profile will be published on the Site. ALMA Wellness reserves the right to choose which profiles will be published.

§ you allow ALMA Wellness to publish any and all of your responses to the questionnaire and profile details. ALMA Wellness reserves the right to truncate your responses for the purpose of effective communication.

§ your responses are copyright of Alma Holdings Limited. All rights reserved.

§ you release ALMA Wellness, its employees, spouse, relatives, heirs, assigns, agents, officers, directors and shareholders, from any and all claims, demands or causes of action arising from your participation in the program.

 

18.  NOTICE; VIOLATIONS.  We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via the Contact page on this Site or as otherwise expressly provided. Please report any violations of these Terms of Use to info@almawellness.com.

 

These Terms of Use were last updated on: 07 February 2014.