TERMS OF SERVICE
OVERVIEW
This website is operated by wellaverage.com. Throughout the site, the terms “we”, “us” and “our” refer to wellaverage.com. wellaverage.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions and policies referenced herein and/or accessible via hyperlink. These Terms of Service apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are deemed an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and have provided consent for any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor violate any applicable laws in your jurisdiction (including but not limited to copyright laws) when using the Service.
You must not transmit any worms, viruses, or other malicious code of a destructive nature.
A breach or violation of any provision of these Terms will result in immediate termination of your access to the Service.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may pass through multiple networks, and may be modified to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, its use, or access thereto, or any contact point on the website through which the service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is inaccurate, incomplete or outdated. The material on this site is provided for general informational purposes only and should not be relied upon as the sole basis for decision-making without consulting primary, more accurate, complete or timely sources. Any reliance on such material is at your own risk.
This site may contain historical information. Such information is provided for reference only and is not guaranteed to be current. We reserve the right to modify the contents of this site at any time without obligation to update any information. You agree it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify, suspend or discontinue the Service (or any part thereof) without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These offerings may be subject to quantity limitations and are eligible for return or exchange only in accordance with our Return Policy.
We strive to display product colors and images as accurately as possible. However, we cannot guarantee that your device’s display will render colors precisely.
We reserve the right, in our sole discretion, to limit sales of our products or Services to any person, geographic region or jurisdiction, on a case-by-case basis. We further reserve the right to limit quantities of any product or service offered. All product descriptions and pricing are subject to change without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Offers for products or services on this site are void where prohibited by law.
We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, credit card, or billing/shipping address. If we modify or cancel an order, we may attempt to notify you via the email address and/or billing address/phone number provided at the time of ordering. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all transactions at our store. You further agree to promptly update your account and related information—including your email address, credit card numbers and expiration dates—to ensure successful transaction processing and timely communication.
For more details, please review our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools over which we exercise no monitoring, control or input.
You acknowledge and agree that such tools are provided “as is” and “as available” without warranties, representations or conditions of any kind, and without endorsement. We assume no liability arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own risk and discretion. You should familiarize yourself with and accept the terms under which such tools are provided by the relevant third-party provider(s).
We may, in the future, introduce new services and/or features through the website (including new tools and resources). Such additions shall also be governed by these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, nor do we warrant or assume liability for any third-party materials, websites, products or services.
We are not liable for any harm or damages arising from the purchase or use of goods, services, resources, content, or other transactions conducted on third-party websites. Please review the applicable third-party policies and practices thoroughly before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the respective third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit specific materials (e.g., contest entries), or if you voluntarily submit creative ideas, suggestions, proposals, plans or other materials—whether online, by email, postal mail or otherwise (collectively, “comments”)—you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use such comments in any medium. We shall have no obligation (1) to maintain any comments in confidence; (2) to compensate you for any comments; or (3) to respond to any comments.
We may, but are under no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your comments will not infringe any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or any computer virus or malware that could impair the operation of the Service or any related website. You may not use a false email address, impersonate another person, or mislead others about the origin of your comments. You are solely responsible for the accuracy and legality of your comments. We assume no responsibility or liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, our site or Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct such errors, inaccuracies or omissions, and to modify or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after order submission).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. Absence of a specified update or refresh date does not imply that all information has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, UK or local laws, regulations or ordinances; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code that may impair the functionality or operation of the Service, related websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, related websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited use.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
You agree that we may remove or cancel the Service for indefinite periods or at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered through it are provided “as is” and “as available”, without representation, warranty or condition of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.
In no event shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages—including lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages—arising from your use of the Service or any products procured through it, or for any claim related to your use of the Service or any content, product or service made available through it, even if advised of the possibility thereof. Where applicable law prohibits the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand—including reasonable attorneys’ fees—made by any third party due to or arising out of your breach of these Terms of Service or incorporated documents, or your violation of any law or third-party rights.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity or enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to termination shall survive termination for all purposes.
These Terms of Service remain effective unless terminated by either party. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or upon ceasing use of our site.
If, in our sole judgment, you fail—or we suspect you have failed—to comply with any term or provision of these Terms, we may terminate this agreement immediately without notice, and you shall remain liable for all amounts due up to and including the termination date; and/or deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or in connection with the Service, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications or proposals—oral or written—between you and us (including prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - TAXES
Displayed amounts are exclusive of applicable taxes. Tax obligations ranging from 0% to 30%, depending on jurisdiction, may apply.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].