Total Wellness Club Terms, Conditions and Notices
Welcome to the TotalWellness. Club website or mobile properties, including related applications (collectively, this “Website“). This Website is provided solely to assist customers in gathering wellness information, posting opinions of wellness related issues, engaging in interactive wellness forums, and searching for and booking wellness reservations, and for no other purposes. The terms “we“, “us“, “our” and “Total Wellness Club” refer to Total Wellness Club, and our corporate affiliates and websites (collectively, “Total Wellness Club”). The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions you are not authorized to use this Website.
We may change or otherwise modify the Agreement in the future in accordance with the Terms and Conditions herein, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a TotalWellness.Club account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 13 years of age or older in order to register for an account and contribute to our Website and (iv) you possess the legal authority to enter into this Agreement and to use this Website in accordance with all terms and conditions herein.
Total Wellness Club does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Copying, transmission, reproduction, replication, posting or redistribution of the Website Content or any portion thereof is strictly prohibited without the prior written permission of Total Wellness Club. To request permission, you may contact Total Wellness Club as follows:
Total Wellness Club
14 Cross Farm Road
Draycott, Somerset, UK
Users of the Website will not incur any charges for using the Website in accordance with these Terms and Conditions. However, the Website contains links to third-party websites which are operated and owned by independent service providers or retailers. Such third-parties may charge a fee for use of certain content or services provided on the website. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Total Wellness Club provides details of charges on the Website, such information is provided for convenience and information purposes only. Total Wellness Club in no way guarantees that this information is correct nor is it in anyway responsible for content or services provided on such third party websites.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- (i) use this Website or its contents for any commercial purpose;
- (ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- (iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- (v) deep-link to any portion of this Website for any purpose without our express written permission;
- (vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
- (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Total Wellness Club in connection with the Website or the services.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any product or service reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Total Wellness Club and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that Total Wellness Club may choose to provide attribution of your comments or reviews at our discretion. You further grant Total Wellness Club the right to pursue at law any person or entity that violates your or Total Wellness Club’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
Total Wellness Club does not edit or control the User Messages posted to or distributed on this Website including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such User Messages. Total Wellness Club nevertheless reserves the right for any reason in its sole discretion to remove without notice any User Messages and/or Site Content.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of wellness experiences or other content, messages, materials or other items on this Website (“Interactive Areas”). If Total Wellness Club provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.K or US. Securities and Exchange Commission (SEC) or any rules of any of securities exchange , including but not limited to, the London Stock Exchange, the NASDAQ, or the New York Stock Exchange (NYSE);
- Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Total Wellness Club;
- Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters”, political campaigning, advertising, contests, raffles, or solicitations;
- Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers, National Insurance numbers and credit card numbers;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in the sole judgment of Total Wellness Club, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Total Wellness Club or its affiliates or its users to any harm or liability of any type.
Total Wellness Club takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Total Wellness Club liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Total Wellness Club is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Total Wellness Club has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Total Wellness Club reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Total Wellness Club or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Total Wellness Club, and its licensees, successors and assigns, from any claims that you could otherwise assert against Total Wellness Club by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
Cancellation requests must be sent via email to email@example.com.
BOOKING WITH THIRD-PARTY SUPPLIERS THROUGH TOTAL WELLNESS CLUB
Use of Instant Booking. Total Wellness Club offers you the ability to search for, select, and book wellness products and services with third-party suppliers without leaving the Total Wellness Club site experience. By booking wellness products or services facilitated by Instant Booking, you will become a Total Wellness Club member if you are not one already. As a Total Wellness Club member, you will be able to post wellness reviews, participate in discussion forums, email Total Wellness Club content to yourself and to others, access and receive members-only newsletters and wellness content, and enter surveys, contests, or sweepstakes.
AS A USER OF THIS WEBSITE, INCLUDING INSTANT BOOKING, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER TOTAL WELLNESS CLUB NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH TOTAL WELLNESS CLUB AND OTHER USERS.
In the unlikely event that a product or service is available when you place an order but becomes unavailable, your sole remedy will be to contact the supplier to make alternative arrangements or to cancel your order.
Third-Party Suppliers. Total Wellness Club is not a wellness agency. Although Total Wellness Club displays information about products and services owned by third-party suppliers and facilitates orders with certain suppliers on Instant Booking and affiliate sites, such actions do not in any way imply, suggest, or constitute Total Wellness Club’s sponsorship or approval of third-party suppliers, or any affiliation between Total Wellness Club and third-party suppliers. Although Total Wellness Club members may rate and review particular products and services based on their own experiences, Total Wellness Club does not endorse or recommend the products or services of any third-party suppliers. You agree that Total Wellness Club is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its sites or apps.
This Website may link you to supplier sites or other websites that Total Wellness Club does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below.
Booking with Third-Party Suppliers Listed on Affiliate Sites. Total Wellness Club and some of its affiliates act as marketplaces to allow wellness seekers to enter into agreements with other companies (an “Advertiser”). As a user, you must be responsible for your use of this Website, our affiliate sites, and any transaction involving vacation rentals facilitated by Instant Booking and/or listed on affiliate sites. We do not own, manage, or contract for any other business, product or service listed on this Website or our affiliate sites.
Because neither Total Wellness Club nor its affiliates are parties to transactions between wellness seekers and Advertisers, any dispute or conflict involving an actual or potential transaction between you and an Advertiser, including the quality, condition, safety or legality of a listed business, product or service, the accuracy of the listing content, the Advertiser’s ability to deliver the service or product, or your ability to pay for a product or service, is solely the responsibility of each user. You understand and agree that you may be required to enter into a separate agreement with an Advertiser before purchasing a product or service, and such an agreement may place additional restrictions on your, product or service.
Order Payment Terms
When you make an order with third-party suppliers using this Website, you are responsible for ensuring that you meet all product and services entry requirements and that your health is an appropriate condition to use the product or service.
It is also your responsibility to consult your physician before engaging with any product or service or using information supplied on the Website and to ensure that you meet all health entry requirements and follow all medical guidance.
Total Wellness Club urges users of the Website to investigate and review product and service prohibitions, warnings, announcements and advisories. BY LISTING INFORMATION RELEVANT TO WELLNESS TO PARTICULAR PRODUCTS AND SERVICES, TOTAL WELLNESS CLUB DOES NOT RECOMMNED OR WARRANT THAT INVOLVMENT IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM PRODUCTS OR SERVICES.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS TOTAL WELLNESS CLUB’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. TOTAL WELLNESS CLUB, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, “7-FIGURE BACK OFFICE LTD”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCT OR SERVICE AND ANY OTHER WELLNESS PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, TOTAL WELLNESS CLUB EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING ORDERS MADE UNDER AN INCORRECT PRICE.
TOTAL WELLNESS CLUB MAKE NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE (SITE CONTENT) OR ANY PORTION THEROF FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY TOTAL WELLNESS CLUB. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TOTAL WELLNESS CLUB DISCLAIM ALL WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM TOTAL WELLNESS CLUB, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW TOTAL WELLNESS CLUB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NONINFRINGEMENT.
TOTAL WELLNESS CLUB ALSO EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE CONTENT.
NOTHING IN THIS AGREEMENT SHALL EXCLUE OR LIMIT TOTAL WELLNESS CLUB’S LIABILITY FOR (I) DEATH OR PERSONAL INFURY CAUSED BY NEGLIGENCE; (II) FRAUD; (III) FRAUDULENT MISTATEMENT (IV) DELIBERATE BREACH OR GROSS NEGLIGENCE (V) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
THE THIRD-PARTY SUPPLIERS PROVIDING INFORMATION, WELLNESS OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TOTAL WELLNESS CLUB. TOTAL WELLNESS CLUB ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TOTAL WELLNESS CLUB HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
SUBJECT TO THE FOREGOING, YOU USE THIS WEBSITE AT YOUR OWN RISK AND IN NO EVENT SHALL TOTAL WELLNESS CLUB OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNTECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TOTAL WELLNESS CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE TERMS AND CONDITIONS AND FOREGOING LIABLITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
If Total Wellness Club are found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then Total Wellness Club liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to Total Wellness Club for the transaction(s) on this Website giving rise to the claim, or (b) One-Hundred Dollars (US $100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Total Wellness Club.
You agree to defend and indemnify Total Wellness Club and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- (i) your breach of this Agreement or the documents referenced herein;
- (ii) your violation of any law or the rights of a third party; or
- (iii) your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Total Wellness Club. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Total Wellness Club to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
SOFTWARE AVAILABLE ON THIS WEBSITE
Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote Total Wellness Club’s services, websites, partners and other products available in the United Kingdom, its territories, possessions and protectorates. The Total Wellness Club websites are controlled and operated by Total Wellness Club from its offices in Somerset in the United Kingdom. Total Wellness Club makes no representation that materials on the Total Wellness Club websites are appropriate or available for use outside of the United Kingdom. Those who choose to access the Total Wellness Club website from outside of the United Kingdom do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Total Wellness Club websites is further subject to United Kingdom export controls. No software from the Total Wellness Club websites may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any other country to which the U.K. has embargoed goods. By using the Total Wellness Club websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any software that is made available to download from the Total Wellness Club websites (“Software”) is the copyrighted work of Total Wellness Club, or Total Wellness Club affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned by Total Wellness Club and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2015 Total Wellness Club. All rights reserved. Total Wellness Club is not responsible for content on websites operated by parties other than Total Wellness Club. TOTAL WELLNESS CLUB, the logo, the ratings bubbles and all other product or service names or slogans displayed on this Website are registered and/or common law trademarks of Total Wellness Club and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Total Wellness Club or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Total Wellness Club and may not be copied, imitated or used, in whole or in part, without the prior written permission of Total Wellness Club. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Total Wellness Club.
Notice and Take-Down Policy for illegal content
Total Wellness Club operates on a “notice and takedown” basis. If you have any complaints or objections to material or content including User Messages posted on this Website, or if you believe that material or content posted on this Website infringes a copyright that you hold, please contact us immediately by following our notice and takedown procedure. Click here to view the Notice and Takedown Procedure. Once this procedure has been followed Total Wellness Club will make all reasonable endeavours to remove illegal content within a reasonable time.
Total Wellness Club may change, add or delete these Terms and Conditions or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the Website. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions.
Total Wellness Club may change, suspend or discontinue any aspect of the Total Wellness Club service at any time, including availability of any feature, database or content. Total Wellness Club may also impose limits on certain features and services or restrict your access to all or parts of the Website or any other Total Wellness Club web site without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms and Conditions or of any law or regulation and where it decides to discontinue providing a service.
YOUR CONTINUED USE OF TOTAL WELLNESS CLUB NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.
JURISDICTION AND GOVERNING LAW
This Website is governed by the laws of England and Wales and any dispute concerning it or its interpretation shall be adjudicated in that jurisdiction.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but Total Wellness Club, and/or its affiliates do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
ADDITIONAL MOBILE LICENSES
Portions of Total Wellness Club mobile software may use copyrighted material, the use of which Total Wellness Club acknowledges. In addition, there are specific terms that apply to use of certain Total Wellness Club mobile applications. Please visit the Mobile Licenses page for notices specific to Total Wellness Club mobile applications.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and Total Wellness Club and/or affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Total Wellness Club with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Total Wellness Club with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are available in the language of the Website. The specific Terms and Conditions under to which you signify your agreement will not be individually stored by Total Wellness Club.
The Website may not always be updated on a periodic or regular basis and consequently is not required to register as editorial product under any relevant law.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
For answers to your questions or ways to contact us visit Contact Us. Or, you can write to us at:
Total Wellness Club
14 Cross Farm Road
Draycott, Somerset, UK
©2015 Total Wellness Club. All rights reserved.