Terms of Use

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Thank you for visiting the Worldwide Wellness IV LLC (“Worldwide,” “we,” “us,” “our) website (the “Site”) or mobile application (the “App”). These Terms of Service (“Terms”) shall set forth the terms of your access to and use of the Site and the App and their related internet-based services, content, content, and functionality, including, without limitation, the Marketplace Platform and Appointment Booking Service (the “Booking Service” and, together with the Site and the App, the “Service” or “Services”).

By using our Service, you agree and acknowledge that you have read, accepted, and agree to be bound by the Terms set forth herein.

1. ACCEPTANCE.

These Terms constitute an electronic, legally binding agreement that sets forth the terms of your use of our Service. In using our Service, you accept and agree to these Terms and any conditions or notices contained or referenced within. You acknowledge that these Terms may be changed or modified by us at any time, at our sole discretion, and that any modifications will be effective upon posting of such update. Your ongoing use of the Service shall indicate your acceptance of any such modified terms. Further, you agree that we may at any time, at our sole discretion, with or without prior notice to you, cancel, modify, reconfigure, update, supplement, terminate, limit, or in any other way alter the Service or any part thereof, including, without limitation, as between different users, whether on a temporary or permanent basis.

By using our Service, you also consent that we are authorized to send you various communications via email. After submitting a booking inquiry, you may receive occasional emails from us containing newsletters and offers. We agree not to sell or distribute your email address to any third party. You shall be permitted to unsubscribe from our emails at any time. Please see our Privacy Policy.

You agree that you will promptly notify us if your email address should change at any time. This consent covers all actions you conduct through the Service. Should you decide that you do not wish to receive communications by email, please contact us through our contact form. Your withdrawal of consent will be effective within a reasonable time after we receive such notice. Further, you acknowledge that a withdrawal of consent will not affect the enforceability of these Terms. However, you are aware that a withdrawal of consent to receive communications electronically may result in termination of your use of the Service.

We reserve the right to, and you acknowledge and consent that we may (but are not required to), monitor the Service to the extent permitted by law, including your communications and activities via the Service, and in connection with your access and use of the Service, including, without limitation, the information provided by you and information about your geolocation.

2. USER ACCOUNT.

In order to gain access to certain features of the Service or Platform, you may be asked to create a User Account. By creating a User Account, you may be required to provide certain personalized information to us. Our information collection and use policies and the privacy of such information are set forth in the Service’s Privacy Policy, which is incorporated into these Terms by this reference. It is your responsibility to provide us with accurate, complete, and up-to-date information for your account. You agree to promptly update such information as required by us.

When you create a User Account, you shall have full responsibility for maintaining the confidentiality of your access credentials used to log into the Service (such as your username and password), and for all activity associated with your User Account. You agree not to permit anyone else to utilize your access credentials, and you may not use anyone else’s access credentials. You agree that you will not attempt to gain unauthorized access to any other user’s access credentials. You agree that you will immediately notify us in the event that (i) your access credentials are stolen or lost, or (ii) you become aware of any unauthorized use of your access credentials or of any other breach of security that might affect the Service. We are not responsible or liable for any loss or damage arising from someone else using your access credentials or your failure to comply with this Paragraph.

3. GENERAL USE OF THE SERVICE.

Limited License.

Subject to your compliance with and adherence to these Terms, we hereby grant you a limited, non-transferable, revocable, non-exclusive, non-sublicensable, license to: (i) access and use the Service on a device that you own or control solely in connection with your use of the Service; and (ii) access and use any content and related materials that may be made available via the Service to you, in each case solely for your personal use. Any rights and all rights not expressly granted herein are reserved by Worldwide and our licensors.

Prohibited Uses.

Any commercial or promotional exploitation, reproduction, distribution, or other exploitation of the Service, or any content, code, data, or materials on either the Site or the App, is strictly prohibited unless you have received explicit prior written consent from us. Other than as expressly allowed in these Terms, you may not download, display, publish, post, distribute, copy, reproduce, transmit, modify, perform, transfer, broadcast, create derivative works of, sell or otherwise exploit any content, data, code or materials on or available through the Service. You further agree that you may not delete, alter, edit, remove, or change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Service, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content. If you make other use of the Service, or its content, code, data or materials, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, or applicable state laws and may be subject to liability for such unauthorized uses.

You agree that you will not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of email or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Service, including without limitation any information residing on any server or database connected to the Service; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (iii) use the Service in any manner with the intent to interrupt, damage, disable, overburden, or impair the Service, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Service in violation of our or any third party’s intellectual property or other proprietary or legal rights; (v) insert your own or a third party’s advertising, branding or other promotional content into any of the Service’s content, materials or services; or (vi) use the Service in violation of any applicable law or regulation. In addition, you agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service, or any content thereof, or make any unauthorized use thereof. You agree that you will not utilize the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service.

Proprietary Rights.

The Service is the sole and exclusive property of Worldwide Wellness and/or its third party licensors, and is protected by U.S. and foreign laws, including copyright, trademark, and other intellectual property laws. Your utilization of the Service does not grant you ownership of any content, code, data or materials you may access on or through the Service, or download from the Service.

4. MEDICAL DISCLAIMER.

Our Service and Marketplace Platform is designed to allow you to choose, request and schedule certain intravenous hydration and other medical care services to be rendered by a licensed medical professional. We are only responsible for connecting you to your requested service(s) and invoice you on behalf of the licensed medical professional. You understand and acknowledge that we do not provide medical care services. You also understand and acknowledge that Worldwide Wellness and its Service is does not practice medicine and is not a health care provider.

These Terms apply to the Service. We may also present to you through your use of the Service any terms specific the use of a particular service (“Service-Specific Terms”). All Service-Specific Terms are incorporated into these Terms by reference. To the extent that these Terms conflict with the Service-Specific Terms, the Service-Specific Terms will control.

A licensed health care professional, who has entered into an agreement with us, will perform the requested healthcare services for you. The health care professional with whom you establish a relationship is solely responsible for providing you with medical services.

We suggest you consult with your own health care provider prior to using Worldwide’s Service to connect you with any health care service listed on Worldwide’s marketplace platform to schedule an appointment or if you have any inquiries regarding any potential health care service.

The Service is only available to individuals who are at least 18 years old. If you are not 18 years old, you are not authorized to use our Service.

5. PAYMENTS.

Payments.

By scheduling an appointment for services via the Service, you agree to pay Worldwide the fee indicated for the scheduled service. Fees will be payable at the time of scheduling or at the time of service.

Cancellation for USA Providers.

WELLNESS REQUIRES AT LEAST 24-HOUR ADVANCED NOTICE OF CANCELLATION. You will be charged the full amount of the scheduled service if you do not provide at least 24-hour advanced notice of cancellation. If you schedule your service less than 24-hours in advance, you shall not be permitted to cancel. Group appointments (persons of two (2) or more) follow the same parameters as single appointments and will be billed for all people booked unless 24-hour advanced notice is provided of any cancellations. If you schedule your service less than 24-hours in advance, you shall not be permitted to cancel. You will be charged 50% of the total amount collected upon booking of the scheduled service if you cancel your appointment between 24-48 hours prior to the scheduled appointment. You will be eligible for a 100% refund collected upon booking if you cancel your appointment 48 hours or more prior to the scheduled appointment. Group appointments (persons of six (6) or more) follow the specified contracted parameters via email or contract. If the group appointment is not specifically indicated in email or via contract, it will follow the same parameters as single appointments and will be billed for all people booked. ANY MISSED APPOINTMENTS ARE NON-REFUNDABLE.

Cancellation for International Providers.

Refunds and/or Credits.

In the event that the medical professional is unable to perform the booked services due to circumstances outside of your control or for reasons other than your medical condition or health, you will be entitled to a full refund or credit.

In the event that the scheduled medical professional is unable to perform the scheduled services because of (1) your current or previous medical history or condition, or (2) due to circumstances outside of the medical professional’s control after the insertion of the I.V. needle or performance of any other medical service, you will receive a credit or refund for the full amount of the services scheduled, less a medical exam fee of one hundred fifty dollars ($150.00).

Authorization to Charge.

By using the Service, you hereby agree we have the right, and you authorize us, to charge your credit card (or other payment methods) for the incurred fees and charges, plus any applicable taxes.

Misrepresentations.

If during the scheduling process, you misrepresent yourself in any manner, including but not limited to, misrepresentation of your age or medical history, Worldwide reserves the right, at our sole discretion, to cancel your scheduled service without notice and bill you the full amount. If at the time of your scheduled service, you are under the influence of drugs or alcohol, the medical service provider will not perform the service and you will be charged the full amount.

6. MOBILE DEVICES AND APPS.

Mobile Device License.

We may, at our sole discretion, make mobile apps available that permit the Service to be accessed and operated through smartphones or other mobile devices. The Service is licensed (not sold) to you for use only under these Terms. This license does not allow you to use the Service on any mobile device that you do not own or control, and you may not distribute or make the Service available over a network, or where it could be used by multiple devices at the same time. The Terms will govern any upgrades provided by us that replace and/or supplement the original version of the Service unless such upgrade is accompanied by a separate license designated by us, in which case the terms of that separate license will govern. We cannot make any guarantees that the Service will be available for, or function in connection with, your particular smartphones or mobile devices.

Device Providers.

If you download the Service from the iTunes® or Apple®Store for use with your Apple Inc. (“Apple”) mobile device (“Apple Mobile App”) or from Google Play® or Google, Inc. (sometimes “Google” and together with Apple, may be referred to herein as the “Device Providers”) for use with your Android® mobile device (“Android Mobile App” and together with Apple Mobile App, the “Mobile Apps”):

You acknowledge that these Terms are entered into between you and Worldwide only, and not with the Device Providers, and that Worldwide, not the Device Providers, is solely responsible for the Mobile Apps and the content thereof;

You agree to the applicable Device Providers’ terms of use or service and you will only use the Mobile Apps solely as permitted by the usage rules set forth in the applicable terms of use or service, which you acknowledge you have had the opportunity to review; provided, however, that if these Terms include more restrictive terms than the Device Providers’ terms of use or service, then such more restrictive terms will supersede and take precedence over the conflicting terms;

You acknowledge that the Device Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Apps;

In the event of any failure of any Mobile Apps to conform to any applicable warranty, you may notify Apple or Google, and they may refund you the purchase price (if any) for the Mobile Apps and that, to the maximum extent permitted by applicable law, the Device Providers will have no other warranty obligation whatsoever with respect to the Mobile Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Worldwide’s sole responsibility (subject to the qualifications, disclaimers, and limitations set forth in these Terms);

You acknowledge that (i) in the event of any third party claim that the Mobile Apps or your possession and use of the Mobile Apps infringes that third party’s intellectual property rights, Worldwide, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, and (ii) Worldwide, not Apple or Google, is responsible for addressing any of your claims or those of any third party relating to the Mobile Apps or your possession and use of the Mobile Apps, including (A) product liability claims, (B) any claim that the Mobile Apps fail to conform to any applicable legal or regulatory requirement, and (C) claims arising under consumer protection or similar legislation, in each instance, subject to the qualifications, disclaimers, and limitations set forth in these Terms (which will not be construed in a manner that would limit Worldwide’s liability beyond the extent permitted by applicable law); and

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third Parties.

You agree to comply with any applicable third-party terms of agreement when using the Mobile Apps. You acknowledge and agree that the Device Providers and their subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, the Device Providers will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary thereof. Apple® and iTunes® are registered trademarks of Apple Inc. Google Play® and Android® are registered trademarks of Google, Inc.

Data Plan.

In order to use a Mobile App, you may be required to buy an appropriate data plan from your wireless carrier and we are not responsible for overages or for actions that your wireless carrier may take against you for using data in violation of your wireless carrier’s service terms.

7. INDEMNIFICATION.

You agree to release, indemnify, defend and hold harmless Worldwide, its parent, subsidiaries and affiliates and its and their shareholders, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal fees and costs (whether brought by third parties or otherwise) (collectively, “Claims”) due to or arising in any way from your use of the Service, your placement or transmission of any message, any content, or other information or materials through the Service, or your breach or violation of the law or of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.

8. THIRD-PARTY WEBSITES OR SERVICE.

Our Site or App may contain links to, or advertisements and content from, other websites, including those of third parties or business partners (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. The inclusion of any link to such sites or third-party advertisements on our Service does not establish our endorsement or recommendation and we make no representations or warranties with respect to such sites or advertisements or their respective goods or services. Any reliance on third-party sites and advertisements will be at your own risk.

9. DISCLAIMER OF WARRANTIES.

YOU AGREE AND ACKNOWLEDGE THAT WE PROVIDE THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WORKMANLIKE EFFORT, ACCURACY, TITLE, AND NON-INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. LIMITATION OF LIABILITY.

Exclusion of Certain Liability.

YOU AGREE AND ACKNOWLEDGE THAT WE ARE ONLY WILLING TO PROVIDE YOU ACCESS TO THE SERVICES AND MARKETPLACE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WORLDWIDE, OUR DIRECTORS, ADVISORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (ii) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE PROTECTED ENTITIES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE, EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

11. TERM AND TERMINATION.

These Terms remain in full force and effect until they are terminated pursuant to the terms herein, however, either party may terminate our relationship at any time without notice. Upon any termination or expiration, Worldwide will cease to provide the Service to you.

12. INFORMATION.

Worldwide does not warrant or guarantee the accuracy, completeness, or timeliness of any information available via the Service. Your use of information available via the Service is not authorized for any purpose other than your personal use. You are not permitted to resell, redistribute or use this information for commercial purposes.

13. AVAILABILITY.

Our goal is to provide a product with reliable uptime and stability. However, planned downtime, intellectual property claims, and matters outside of our reasonable control are some of the circumstances that may lead to the Service being unavailable for certain periods of time. Although we strive to operate without interruption, we cannot guarantee that the Service will always be made available for your use.

14. INFORMATION SECURITY.

We use and will continue to use reasonable efforts to implement a variety of administrative, managerial, and technical security measures designed to protect your personal information from unauthorized use and disclosure. However, we cannot guarantee the security of the information contained in your User Account or otherwise collected by us and we cannot promise that such measures will prevent third-party “hackers” from unlawfully accessing the Service or its contents. We are not responsible or liable for any third-party access to or use of the information contained in your account or otherwise collected by us.

15. INTERNATIONAL VISITORS.

The Service is controlled and operated by us from the United States of America. We make no guarantees that materials on the Service are appropriate or available for use in other territories. Persons who choose to access the Service from other locations do so on their own free will, and are responsible for compliance with local laws, to the extent local laws are applicable.

16. INTELLECTUAL PROPERTY AND COPYRIGHT INFRINGEMENT.

We respect third party intellectual property rights and request that our users, advertisers, licensors, and service providers to do the same. If you believe that your intellectual property is accessible via our Site or App in a way that constitutes infringement, please contact us through our contact form. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notices of claims of copyright infringement on the Site or App. Our Copyright Agent may be reached through our contact form.

17. ELECTRONIC COMMUNICATIONS.

The electronic nature of Service requires communications by us and by electronic means (e.g., via email, WhatsApp chat box, text message). You hereby agree to receive communications from us in an electronic form and agree that all terms and conditions, disclosures, agreements, notices, and other communications that Wellness provides to you electronically satisfy any applicable legal requirements, including that these be made in writing. You acknowledge an understand that there is an inherent risk in using the Internet and that the information transmitted through the Internet in general may not be confidential. We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet.

18. REMEDIES FOR BREACH.

If we determine, in our sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Site or App, we reserve the right to: (i) remove your name and information from our notification lists; (ii) notify and/or fully cooperate with the proper law enforcement authorities for further action; (iii) discontinue your ability to use the Service; and/or (iv) any other action which we deem to be appropriate.

If your ability to access the Services is discontinued by us due to your violation of any portion of the Terms or for conduct otherwise inappropriate, in our sole discretion, then you agree that you shall not attempt to re-register with or access the Services and/or any other product, content, or service provided by us, through use of a different name or otherwise.

The remedies contained in the Terms are not the exclusive remedies for your breach, but will be in addition to all other remedies available to us by law or in equity.

19. OTHER TERMS.

19.1. Assignment. You shall not assign or otherwise transfer any rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, in each case whether voluntary, involuntary, by operation of law, or otherwise, without our prior written consent. Any purported assignment, delegation, or transfer in violation of this section is void. Worldwide may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without your consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.

19.2. Entire Agreement. These Terms constitute the complete and entire agreement between you and Worldwide concerning its subject matter, and supersedes all prior agreements and representations between the parties.

19.3. Interpretation. The use of the terms “includes,” “including,” “such as,” and similar terms, will be deemed not to limit what else may be included. The headings in these Terms are for reference only and do not affect the interpretation of these Terms.

19.4. No Waiver. A party’s failure to delay or enforce a provision under these Terms is not a waiver of its right to do so later.

19.5. Severability. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.

19.6. Governing Law and Jurisdiction. This Agreement is governed by and construed under the laws of the State of California, without regard to conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations; California law, rules, and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in California. All parties to these terms and conditions waive their respective rights to a trial by jury.

20. CONTACT.

If you have any questions concerning these Terms, please contact us through our contact page.[/vc_column_text][/vc_column][/vc_row]