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Terms of Service

THESE TERMS OF SERVICE GOVERN YOUR USE OF THE SITE WWW.WELLWHERE.COM AND WWW.WELLWHERE.CH (hereafter: the ‘Site’) AND THE APPLICATION ‘WELLWHERE’ (hereafter: the ‘App’) AS WELL AS THE SERVICES OFFERED BY WELLWHERE SA VIA THE SITE AND THE APP (hereafter: the ‘Services’).

Any use of the Site and/or the App is subject to the prior acceptance of these terms and conditions and the privacy policy. 

By accessing the Site and/or the App, whether you are registered or not, you agree to comply with the provisions of these Terms of Service. If you do not agree to comply, please refrain from using the Site, the App, and the Services.

Wellwhere SA reserves the right to modify at any time these Terms of Service and/or the Privacy Policy. You will be informed if necessary by e-mail, notification, and/or newsletter of changes to the Terms of Service or Privacy Policy. You are nevertheless responsible for regularly reviewing the Terms of Service on the Site in order to be informed of any changes. Your continued use of the Site and/or the App after a change implies tacit acceptance of the new Terms of Service and/or the new Privacy Policy.

By accepting the Terms of Service and the Privacy Policy and/or any changes, you confirm that you have read and understood them and you confirm your agreement with their terms.

  1. Legal Notice
    1. Name of the enterprise operating the Site and App: Wellwhere SA
    2. Capital: CHF 120,000
    3. Head office: avenue de Rumine 13, c/o Wilhelm Avocats SA, 1005 Lausanne
    4. Registration number in the Swiss Commercial Register: CHE-417.047.905
    5. Social Purpose: the purpose of the company is the sale of access to gyms, SPA and other sporting or cultural activities; the web referencing of gyms, SPA and other sports or cultural activities; the marketing of all types of products and services in the sports field, the data processing and business advice and support services
    6. email for customer service: info@wellwhere.com

    (hereafter ‘Wellwhere’)

  2. Definitions

    Unless otherwise stated, the following terms have the meanings given below:

    1. Customer: Means any person or company that has created an account via the Site or the App.
    2. Account: a profile created by a Customer or Partner.
    3. Customer account: a user profile created by a Customer.
    4. Partner account: a user profile created by a third.
    5. Partner(s): means a person or a company operating one or more sports facilities that has signed an agreement with Wellwhere.
    6. Access: means a product sold by Wellwhere via the Site and/or the App that allows access to a sports facility.
    7. Payment Provider: means Stripe, 185 Berry Street, San Francisco, CA 94107 (https://stripe.com/about).
    8. Visitor(s): any person who uses the Site and/or the App without having created an account, for the purpose of accessing profiles of partner, viewing customer comments, or looking into services.
  3. Purpose of the Site and the App

    The Site and the App are designed to provide Customers, for a charge but without subscribing, an Access providing access to sports facilities operated by the Partners.

  4. Registration and Privacy
    1. To become a Customer, you must log on the Site and/or the App and create an account.
    2. Registration by a Customer on the Site and/or the App is considered valid once the customer has filled out the registration form, filled out the health questionnaire, and agreed to these Terms and Conditions.
    3. By creating an account, you warrant and confirm that:
      1. You are an adult in your country of residence;
      2. You have the exercise of civil rights or have received approval from your legal representative to create an Account;
      3. If you are acting on behalf of a corporation, you are the authorised representative;
      4. The information you have provided to Wellwhere on the registration form and health questionnaire is accurate, current, not likely to mislead, not an identity theft, and not confusing;
      5. You are entitled to benefit from the services offered by Wellwhere under any laws or regulations in your country of residence or that apply to you;

      It is your responsibility to verify the accuracy of the email address and/or phone number you provide to Wellwhere since this data will allow us to communicate with you. You should not transfer and/or give access to your account to any third party. You are solely responsible for maintaining the confidentiality of your account and your password. By creating a partner account, you warrant and confirm that:

      1. You are a company or an individual duly registered in the Swiss Commercial Register;
      2. You are registered with the old age pension and surviving dependants insurance system (AVS);
      3. You have all authorisations or permits required to operate the sports facility;
      4. Your equipment is in working condition and is safe for Customers;
      5. Your staff is sufficiently trained and able to provide quality services to customers;
      6. You have the professional qualifications and permits required by law to provide quality services to Customers;
      7. You have all the insurance coverage required to exercise your activity as a Partner;
      8. You strictly adhere at all times to the provisions applicable to consumers;
      9. You strictly adhere to the regulations on the protection of minors;
      10. You are not selling at your sports facility any illegal substance or ones prohibited to minors;
      11. By registering, you represent and warrant that you are authorised to open an account in accordance with these Terms of Service.
    4. If requested to do so by Wellwhere, you agree to provide documentation to support these guarantees within one month after registration. Wellwhere reserves the right to refuse to create an account or terminate the account of a customer at any time, without giving any reason.
    5. As a Partner, you have the option to monitor at any time on your Partner Account the Acces that will be used in connection with your sports facility.
    6. As a partner, you have the option to expand your partner account with photos of your sports facilities, descriptions of the services and benefits you offer, and your infrastructure. By making this information and content available to Customers and Visitors via the Site and/or the App, you remain solely responsible and understand that they will become public. You agree that Wellwhere cannot be held liable for any false or misleading information and/or content contained on the Partner Accounts and you agree to indemnify it in full (including any legal and legal fees) for any action or claim based on such information or content.
  5. Site Availability
    1. The Site and App are in principle accessible 24 hours a day, 7 days a week.
    2. However, we regularly update the Site and/or the App. If necessary, we may suspend access or shut down the site for an undetermined period. The elements of the Site and/or the App may become outdated at a given time, and we are under no obligation to update these elements.
    3. An interruption or suspension of the Site, the App and/or services, scheduled or unscheduled, may occur in particular for maintenance needs, network problems, software problems, security problems or due to force majeure . No fee or compensation may be claimed for any interruption or suspension of service provided to Customers.
  6. Password
    1. You are responsible for the quality and confidentiality of the password chosen during registration, and for any activity generated by your password and your Account.
    2. You agree to immediately notify Wellwhere of any unauthorised use of your password or your account or of any other breach of security, and ensure that you close your account at the end of each session (disconnect) . Wellwhere may not be held responsible for data loss or damage arising from the breach by you of these Terms of Service and/or illegal use of your Account.
  7. Security
    1. Wellwhere is committed to ensuring that the systems, programs, or other factors over which it exercises its influence correspond to the current state of security technology.
    2. Customers are required to ensure the security of systems, programs, and data that are within their sphere of influence. 
    3. In case of violation of obligations as defined in these Terms of Service, Wellwhere may immediately block access to Visitors or Customers concerned. If necessary, Wellwhere reserves the right to make claims for damages.
  8. Access to the Site and/or the App

    Wellwhere provides you access to the Site and/or the App under the following conditions:

    1. You must not modify or alter the Site and/or the App or its contents in any way.
    2. You should not implement automatic systems in connection with the Site and/or the App, including robots, spiders, sniffers, Trojan horses, viruses, worms, denial of service software, or malware that has the purpose or effect of extracting the contents, databases, or data of the Site, or that might adversely affect the operation or content of the Site.
    3. You must not under any circumstances collect data on the Site and/or the App and the personal data collected by Wellwhere, in particular, without limitation, the data provided within the context of health questionnaires and the names and addresses of Customers for purposes of sales promotion 
    4. You should not encourage or assist a person to circumvent or modify any component or code of the Site and/or the App.
    5. Your access and use of the Site and/or the App may require updates to your computer, your browser, and your electronic devices. You agree that the updates will be made at your own liability and at your own risk.
    6. You agree not to overload the Site and/or the App by sending requests or data that is not targeted, unsolicited, or unnecessary;
    7. You agree not to send spam or unsolicited mail to other Customers or Visitors.
    8. You understand and agree that you will use the Site and/or the App without any warranty and at your own risk and that even if certain content of the Site and/or the App might appear to you offensive, indecent, or otherwise, this is not the responsibility of Wellwhere.
  9. Orders
    1. A business relationship will be established between Wellwhere and the Customer upon receipt of the order for an Access via the Site and/or the App.
    2. Orders will be placed exclusively via the Site and/or the App.
    3. The steps for ordering a product via the Site and/or the App are:

      1. Login;
      2. Selection of the sports centre;
      3. Selection of the Access option (1, 5, 10, or special offer);
      4. Furnishing your payment information on a secure page managed by the Payment Provider;
      5. Order confirmation;
      6. Payment via the Payment Provider;
      7. Receipt of an order confirmation email containing the code number to access the sports facility.
    4. Orders may not be changed or cancelled.
    5. Once the order is placed, the Partner can monitor validated Access on a permanent basis and will receive a record of access to any sports facilities at the end of each month.
  10. Access Validity
    1. The validity period of the Access depends on the option selected and are usually as below, unless otherwise specified on the profile of the partner:

      1. An Access for one entry is valid for a period of 3 (three) months from the date of purchase;
      2. An Access for five entries is valid for a period of 6 (six) months from the date of purchase. 
      3. An Access for ten entries is valid for a period of 12 (twelve) months from the date of purchase. 
    2. The Customer may not claim any refund if the Access has not been used during its validity period from the date of purchase.
    3. It is possible that certain centers have specific requirements for validity, and therefore the period on their profile is what counts. 
  11. Discount coupons
    1. Wellwhere discount coupons are only valid on the Site and/or the App and may not be used on any website or the App, including those of Partners. 
    2. Only Wellwhere discount coupons will be accepted on the Site and/or the App. 
    3. Discount coupons may not be used for orders less than CHF 15.- 
    4. Any payment using a discount coupon must be made by credit card. 
    5. One discount coupon is permitted per order.
    6. Wellwhere discount coupons are not refundable or cumulative. 
  12. Gift vouchers

    Via the Site and/or the App, you can purchase an Access for third parties. To do this, simply supply the name and surname of the person receiving the Access, and it will be issued giving name of the sports facility to which it gives access along with the access code.

  13. Fees and payments
    1. Fees for an Access are given on the Site and/or the App and include VAT and charges by Wellwhere.
    2. Prices may be revised at any time but these changes will not apply to orders for which you have received a confirmation.
    3. Only credit cards (Visa, MasterCard, American Express, etc.) are accepted as means of payment by the Payment Provider. 
    4. Wellwhere does not collect, store, or process any banking information and/or credit card data. No credit card information is passed on to Wellwhere, the Site, and/or the App. Payments will be made securely (SSL, PCI/DSS TPPP) via the Payment Provider.
    5. By agreeing to enter into a contract on the basis of these Terms of Service, you expressly acknowledge your obligation to pay. Once your order has been confirmed, your credit card will have a debit authorisation and the amount to be charged will be held.
  14. Cancellation policy
    1. Once an order is placed via the Site and/or the App, you may not cancel it.
    2. You are solely responsible for any fees charged if a purchase is declined via the Site or the App and you agree to fully indemnify Wellwhere in this regard.
  15. Customer Obligations
    1. When you pay a visit to a Partner, you must bring your Access along. 
    2. You agree to communicate any potential health problems that you have to a Partner at the latest before the beginning of the workout or the course. 
    3. You agree to follow all instructions of the Partner and any rules applicable at the sports facility.
  16. Agreement between Customer and Partner only
    1. Wellwhere exclusively makes the Website and the App available to Customers in order that they may purchase an Access offered by Partners on favourable terms. 
    2. The conduct of the workout or course is the sole responsibility of the Partner. The Customer establishes a contractual relationship with the Partner, not with Wellwhere. 
    3. In particular, Wellwhere shall not be held liable for any contractual, legal, or other potential breach of liability in connection with a relationship between the Customer and the Partner. 
    4. Wellwhere declines any liability in the event of damages, including, but not limited to, bodily injury resulting from the Customer's participation in a workout.
  17. Comments/Evaluations
    1. As a Customer, you may leave comments and/or feedback about sports facilities on the Site and/or the App. Comments and/or evaluations will be made public on the Site and/or the App after validation by the Partners.
    2. By posting a comment and/or evaluation, you authorise Wellwhere to publish it on the Site and/or the App, make it public, and make it available to Customers and/or Visitors. Where necessary, this represents a free, worldwide, unrestricted licence for Wellwhere to use your comments and/or evaluations in connection with the Site and/or the App.
    3. You are solely responsible for your comments and/or evaluation that you post on the Site and/or the App. In no case shall Wellwhere be deemed to endorse and/or in any way support comments and/or evaluations posted via the Site and/or the App.
    4. Wellwhere reserves the right to remove any comments and/or evaluations from the Site and/or the App at any time and on a discretionary basis if Wellwhere believes that they are contrary to these terms and conditions.
  18. Prohibited activities
    1. By providing content on or through the Site and/or the App, either on your Account or with a comment, a message on a forum, blog, chat, or similar item on the Site and/or the App, you agree to comply with all applicable laws and not infringe the rights of third parties.
    2. You expressly agree not to communicate on or through the Site and/or the App of remarks, products, or content that conforms to the following characteristics:

      1. abusive, defamatory, libellous or otherwise detrimental to the honour or reputation of others;
      2. racist, xenophobic, revisionist, or negationist;
      3. obscene, pornographic, paedophilic, offensive or otherwise indecent;
      4. affects in any way the rights of others, including the right to privacy, the right to an image, the right to a name, the right to human or animal dignity, the protection of children and adolescents , or for the protection of animals;
      5. infringes the intellectual property rights of others, in particular trademark law, design rights, or copyright (images, texts, photographs);
      6. incites discrimination, hatred, violence, or the committing of a crime or offence;
      7. advertising, propaganda, extremism, or proselytizing; 
      8. in any way false, potentially dangerous or likely to endanger the life, health or safety of others; 
      9. induces minors to consume illegal substances before they are of age; or
      10. in any way contrary to laws and regulations.
    3. You agree not to communicate on or through the Site and/or the App messages containing viruses or any other program that may cause damage to Wellwhere, to Customers, to Visitors, or to third parties. Finally, you agree not to  overload the server hosting the Site and/or the App.
    4. You are solely responsible for civil, administrative and criminal, ideas and/or content (text, images, sounds, etc.) that you provide through the Site and/or the App. 
    5. You expressly agree that Wellwhere may remove any content on the Site and/or the App that is not fully consistent with these Terms of Service or applicable law. 
    6. Wellwhere reserves the right, upon request of a judicial authority or a third party, to provide any information in its possession allowing or facilitating the identification of the Customer, such as IP address, IMAI number, and time connection, especially in case of non-compliance by the Customer with the obligations defined above.
    7. Wellwhere reserves the right to limit or remove access to the Site and/or the App for any customer or visitor who does not comply strictly with the provisions of these Terms of Service or the Applicable law.
  19. Protection of minors
    1. The access of minors to sports facilities should be supervised by the Partners and/or by a legal representative.
    2. As a Partner, you agree not to give access to your sports facility to minors without supervision by a trainer and/or legal representative.
  20. Privacy Policy

    By using the Site and/or the App, you or anyone you allow to access your Account and use it may provide Wellwhere with certain personal information, including certain other information about you (time that the Site and/or the App was visited, the browser used, IP address, IMAI No., location data, etc.), and sensitive data resulting from the health questionnaire. By communicating your personal data to the Site and/or the App, you agree to the use of such data by Wellwhere in accordance with the privacy policy available at: www.wellwhere.com/privacy.

  21. Connections
    1. If you would like to link to the Site and/or the App, you expressly agree to: (i)  not show the content of the Site and/or the App on a different site or another application; (ii) not create an link between the Site and/or the App and a third party or a third party site without prior permission from Wellwhere; (iii) correctly assign Wellwhere the Site and/or the App referred to by the link; and (iv) ensure that the link does not imply, implicitly or explicitly, that Wellwhere approves, supports or assumes the activity of any other website, company, or entity and (v) assure that Wellwhere and/or activities are not presented in a false, misleading, defamatory, or insulting manner or in any other manner likely to damage the reputation of Wellwhere or benefit from it.
    2. The link to the Site and/or the App does not allow you to use any content, name, logo, image, or brand  of Wellwhere or third parties without prior authorisation, specifically given in writing by rights holders.
    3. Wellwhere reserves the right to request that you remove any link to the Site and/or the App without having to justify its reasons.
    4. You agree to destroy any content and any copies of the Site and/or the App or part of it posted on your site and/or your application or in your possession as soon as possible after receiving a request from Wellwhere in this regard.
  22. Intellectual property
    1. Partners retain ownership of rights (copyright and all other rights) held by them concerning the content and the information they submit to Wellwhere via their Partner Accounts. By submitting content and/or information to Wellwhere, Partners grant it free, worldwide, perpetual, non-exclusive, transferable licence to  reproduce, publish, disclose, make available, communicate to the public, adapt , modify, translate, publish, distribute, re-post, perform, synchronise, display, and distribute any content submitted to or posted on the Site and/or the App, alone or in conjunction with other works, in any medium and in any format known or unknown to date, for all systems and on all networks, including the Internet. 
    2. As a Customer, you warrant that you hold all rights and/or have obtained all permissions (including in relation to the image rights of persons appearing in your photos), licences, and permits in connection with the content and information you submit to Wellwhere directly or through the Site and/or the App. 
    3. Wellwhere is exclusive owner of all intellectual property rights for both the structure and the content of the Site and App and the databases they contain, or has legally acquired the rights to the exploitation of the structure, databases, and content of the Site and the App. In particular, subject to the content made available by Partners, any item reproduced on the Site and/or the App of any kind (text, images, sounds, photos, videos, music, databases , data, logos, trademarks, software, content, code, layouts, etc.) is protected by the rights of intellectual property and is the exclusive property of Wellwhere. Therefore, any reproduction (including by downloading, printing, etc.), performance, availability, public communication, adaptation, modification, translation, transformation, distribution, synchronisation, integration into another website or other application, whether for commercial purposes or not, and/or reuse in any manner whatsoever of all or part of the materials on the Site and/or the App is strictly prohibited without the prior written consent of Wellwhere. Visiting and using the Site and/or the App does not confer any intellectual property rights to the Customer for any item on the Site and/or the App. 
    4. Wellwhere grants you a non-exclusive, non-transferable, non-sublicensable, free, limited-term access, display, and use the Site and/or the App and information, databases, and content that comprise them only in order to benefit from the Services. 
    5. Wellwhere reserves the right, without notice, to remove the above licence at any time if there is a violation of the law or noncompliance with these Terms of Service. Wellwhere reserves the right, without notice, to edit or remove any part of the Site and/or the App at all times and to take all appropriate measures to terminate an infringement for breach of its intellectual property rights, or to protect the integrity and proper functioning of computer systems, servers, databases, networks, the Site, the App, the personal data of customers, as well as related intellectual property rights. 
    6. As a Customer, you agree not to reproduce, hack, download, copy, make available, publicly communicate, broadcast, or use in any manner texts, databases, data, code, images or content of the Site and/or the App. Any unauthorised use of one of the elements reproduced on the Site and/or the App (piracy, counterfeiting, illegal downloading, etc.) will give rise to civil lawsuits and/or criminal penalties and payment of damages to Wellwhere. You warrant that your use of the Site and/or the App will not result in violation of the law or of third party rights, including intellectual property rights of third parties.
  23. Termination
    1. Wellwhere may, at its sole discretion and without liability to you, with or without cause, with or without notice, at any time terminate your access to all or part of the Site and/or the App, and disable or delete any of your accounts, as well as all the information relating to that account. Wellwhere may at any time, at its sole discretion, edit, modify, remove, or delete any content that it has posted or that you have posted on the Site and/or the App and terminate your access to the Site and/or the App.
    2. You agree that Wellwhere may, at its sole discretion, cancel your password, username, account (or any part thereof) or your use of the Site and/or the App and remove and discard all Site content and/or the App for any reason whatsoever, including, among others, for lack of use or if it thinks that you have breached any provision of these Terms of Service and/or the Privacy Policy .
    3. Wellwhere may also, at its sole discretion and at any time, discontinue making the Site or any part of it available, and/or the App, with or without notice. 
    4. You agree that any termination of your access to the Site and/or the App under any provision of these Terms of Service may be carried without prior notice, and acknowledge and agree that Wellwhere may immediately deactivate or empty your account and all information related to it and/or forbid further access to such files or the Site and/or the App. In addition, you agree that Wellwhere may refrain from responding in any way to you or any third party regarding any termination of your access to the Site and/or the App.
  24. Changes to the Service
    1. Wellwhere reserves the right, at any time, to suspend, modify, temporarily or permanently close the Site, the App and/or any of the Services with or without notice and without compensation to Customers. You agree that Wellwhere will not be liable to you or to any third party for any modification, suspension. or discontinuance of the Site and/or the App or any part thereof. 
    2. Wellwhere is also under no obligation to update the Site and/or the App.
  25. No warranty
    1. You access the Site and/or the App and/or sports facilities of a Partner and use them at your own risk. The Site and/or the App and their content are provided as is and as available. Wellwhere expressly disclaims and you waive all warranties of any kind whatsoever, whether express or implied, including, without limitation, for any implied warranty of fitness for a particular purpose, availability, marketability. and any violation of the Site and/or the App and/or content.
    2. You understand and agree that Wellwhere may not be held responsible for illegal behaviour on the part of Customers and/or Visitors that might take place on or through the Site and/or the App and/or any damages occurring within sports facilities of Partners available to you thanks to the Access.
    3. Wellwhere does not warrant or make any representation that (i) the Site, App, or content and services offered by the Partners will meet your requirements or will be accurate, harmless, or free from risk to your health, your security, or your life (ii) the Site will be available, uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Site and/or the App will be accurate or reliable, (iv) any errors will be corrected (v) other Customers and/or partners will comply with their obligations and/or the applicable legal provisions (vi) sports facilities to which you have access because of the Access will meet your requirements.
    4. Any material downloaded or obtained through use of or by means of the Site and/or the App is at your discretion and at your own risk and you will be solely responsible for any damage to your computer system or loss of data resulting from downloading such material. 
    5. No information, whether oral or written, obtained by you from Wellwhere or through the Site and/or the App shall create a warranty or other obligation not expressly stated in these Terms of Service, and Wellwhere declines any liability arising from any trust placed in these elements by any customer or by anyone who may be informed of any of its contents.
    6. Wellwhere will exercise all the necessary care so that the Site and/or the App reflect as closely as possible the offers of Partners. Nevertheless, Wellwhere offers no warranty as to the accuracy, reliability, completeness, or sustainability of information provided by Partners and that is reproduced on the Site and/or the App.
    7. All information and specifications on the Site and/or the App may be changed or deleted without notice at any time.
    8. Information and instructions on the Site and/or the App do not entail the responsibility of Wellwhere and do not constitute a contractual commitment on the part of Wellwhere. The photos on the Site and/or the App are not part of the contract.
  26. Compensation

    You agree to hold Wellwhere and its partners and employees harmless from liability for any losses, claims, damages, penalties, fines, costs, and expenses, including, without limitation, legal fees and court costs that may arise regarding: (i) your use or access to the Site and the App; (ii) your violation of any provision of these Terms of Service, (iii) any claim by a third party regarding content that you place on the Site and/or the App or any other use of the Site and/or the App by you  that infringes any intellectual property right of an individual or the right to respect for privacy of a third party or which  otherwise causes damages for others, and (iv) any content or information that you submit to Wellwhere in connection with your Partner Account.

  27. Limitation of liability
    1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WELLWHERE IS NOT RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGE, INCLUDING LOSS OF DATA, FINANCIAL LOSS, LOSS OF REVENUE, LOST PROFITS, LEAKAGE OR THEFT OF DATA, PURCHASE OF IDENTITY, ANY ATTACK ON THE HEALTH, INTEGRITY OR LIFE OF OTHERS (INCLUDING ANIMALS) OR OTHER LOSS OR DAMAGE TO THE CUSTOMER RESULTING FROM: (I) THE USE OF THE SITE AND/OR THE APP OR THE IMPOSSIBILITY OF USING THEM, (II) THE PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE AND/OR THE APP, (III) THE COST OF PURCHASING PRODUCTS AND SERVICES OR REPLACING PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE AND/OR THE APP, (IV) UNAUTHORISED ACCESS TO YOUR DATA OR  ALTERATION THEREOF IF NOT CAUSED BY WELLWHERE, (V) DECLARATIONS OR BEHAVIOR OF ANY CUSTOMER, VISITOR OR THIRD PARTY ON THE SITE AND/OR THE APP (VI) ANY USE OF SPORTS FACILITIES OR OTHER INFRASTRUCTURE TO WHICH THE ACCESS GIVES YOU ACCESS OR (VII) ANY OTHER ACTION OR OMISSION RELATING TO THE SITE AND/OR TO THE APP.
    2. WELLWHERE DISCLAIMS ALL LIABILITY FOR THE CONSEQUENCES OF A SPORTS SESSION, RISK IT CAN PRESENT, AND FITNESS FOR CUSTOMERS. 
    3. WELLWHERE DISCLAIMS ALL LIABILITY IN CONNECTION WITH NON-COMMUNICATION BY THE CUSTOMER TO THE PARTNER OF ANY POSSIBLE HEALTH PROBLEMS. 
    4. WELLWHERE IS NOT LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, THAT MAY RESULT FROM THE ACCESS OR USE OF THE SITE AND THE APP OR ANY OF ITS COMPONENTS. WE ALSO HAVE NO LIABILITY THAT MAY RESULT FROM INABILITY OF ACCESS.
    5. WELLWHERE IS NOT LIABLE AND IN NO EVENT SHALL BE RESPONSIBLE FOR DAMAGES OR CONSEQUENCES OF BREACH OF APPLICABLE LEGAL PROVISIONS BY CUSTOMERS AND/OR VISITORS AN/OR ANY WARRANTIES VIOLATED BY THEM.
    6. WELLWHERE IS NOT LIABLE FOR ANY RISKS RELATED TO INSTALLATION OF SOFTWARE THAT MAY ALLOW ACCESS TO THE SITE AND THE APP OR DAMAGES RESULTING FROM ERRORS IN TRANSMISSION, TECHNICAL DEFECTS, OR INTERRUPTIONS CAUSED BY THE OVERLOAD OF COMMUNICATIONS.
    7. GENERALLY, THE LIABILITY OF WELLWHERE  IS EXCLUDED IF DAMAGE IS CAUSED BY ACTIONS THAT ARE PRIOR TO LAUNCH OF THE SITE AND/OR THE APP THAT ARE NOT ATTRIBUTED TO IT, ESPECIALLY POSSIBLE VIOLATIONS BY CUSTOMERS OF THEIR OBLIGATIONS, LEGAL OR CONTRACTUAL, AND/OR THEIR WARRANTIES.
    8. IF THE LIABILITY OF PARTNERS IS EXCLUDED OR LIMITED BY THEIR TERMS AND CONDITIONS, WELLWHERE’S LIABILITY IS EXCLUDED OR LIMITED TO THE SAME EXTENT.
    9. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, THEFT, DESTRUCTION, OR DAMAGE TO PRODUCTS THAT YOU HAVE ORDERED VIA THE SITE OR THE APP.
    10. YOU AGREE THAT, SUBJECT TO APPLICABLE LAW, ANY ACTION, CLAIM, OR COMPLAINT ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE AND/OR THE APP MUST BE FILED WITHIN SIX (6) MONTHS FOLLOWING THE OCCURRENCE OF THE CAUSE OF THIS ACTION, CLAIM OR COMPLAINT, OR ELSE SUCH SHALL BE INADMISSIBLE.
  28. Exclusions and Limitations

    Some laws do not allow exclusion of certain warranties or the exclusion or limitation of liability for consequential damages for fraud or gross negligence. As a result, some of the limitations mentioned in these conditions may not apply to you for such damages. In such a case, Wellwhere’s liability is limited to the price of the Access that you ordered through the Site and/or the App.

  29. Force majeure

    Wellwhere is not responsible for any delay or lack of performance of its obligations under this Agreement if such delay or such lack of performance is not caused by Wellwhere or is the result of an occurrence of force majeure, including natural disasters, government provisions, war, fire, flood, explosion, strikes, or other mass movements.

  30. Notice

    Any notices intended for you may be sent by email to the address that you provided when you registered.

  31. General information
    1. These Terms of Service constitute the entire agreement between you and Wellwhere regarding their purpose; they supersede all agreements, arrangements, and prior commitments of any kind between you and Wellwhere, whether oral or written, regarding this subject.
    2. The fact that Wellwhere does not exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or the relevant provision.
    3. If any provision of these Terms of Service is held to be invalid and/or  is invalidated by a court, the parties agree that their intentions as reflected in the provision shall be enforced as far as possible and the other provisions of these Terms of Service will remain in full force and effect. Section headings in these Terms of Service are intended only for reference purposes and have no legal or contractual effect. If any provision of these Terms is deemed by a court to be illegal or unenforceable in a particular case, the remainder of the provisions shall nevertheless remain fully applicable.
    4. You may not assign or transfer any of your rights or obligations, or subcontract the performance of any of your obligations under these Terms of Service. Wellwhere may assign or transfer any rights or obligations, or subcontract the performance of any of its obligations under these Terms of Service to any third party at any time without your consent (such consent being given by these Terms of Service).
  32. Miscellaneous
    1. Access to the Site and/or the App, even by Partners, does not establish any partnership, simple company, representation, or agency between you and Wellwhere.
    2. These Terms of Service and the Privacy Policy constitute the entire agreement you have with Wellwhere in connection with the Site and/or the App and override any previous agreements or arrangements.
  33. Jurisdiction and applicable law
    1. These Terms of Service, the Privacy Policy, and any questions arising from these terms shall be governed solely by Swiss law to the exclusion of any conflict rules arising from private international law.
    2. Any dispute in connection with the Terms of Service and/or the Privacy Policy shall be brought exclusively before the ordinary courts of Lausanne (Switzerland).
  34. Violations
    1. Please report any violations of these Terms of Service to Wellwhere by sending an email to: info@wellwhere.com