OMAWAKE, Ltd., is a duly registered U.K. company.
OmAwake offers online management software solutions targeted towards the wellness business sector and it also provides an online platform for wellness businesses to market their services. Our mission is to provide cloud-based software solutions to our Business partners to facilitate and improve their daily business management.
The following terms are used throughout this Agreement. OMAWAKE Ltd., OmAwake or “omawake.com” shall be synonymous with “Company”, “We”, “Us”, and/or “Our”. “User” shall have the same meaning as “customer”, “you” or “your”; “Business Partner” shall have the same meaning as “Partner” or “Vendor”; and “Terms of Service” has the same meaning as “Agreement”. User, Vendor, or Company may be collectively used as “parties”. “Content” includes without limitation: text, pictures, video, audio, illustrations, any recorded media (i.e. digital), services and/or products, and is never to be construed as advice of any kind.
WEBSITE USAGE AND ACCESS
ACCOUNTS AND REGISTRATION: USERS
Users can browse and display our website, but to make bookings, or order products and services, you will be required to register for an account.
When you register for an account, you warrant that you are: (1) Over the age of (18) eighteen; and (2) Providing us with truthful and complete registration information, such as your: name; user name; e-mail address; and contact information.
You understand that it is your responsibility to keep all login information confidential and private. You agree to notify our Customer Service Department immediately via email, if you believe your account security has been breached, or there is unauthorized activity on your account. You can contact the OmAwake Customer Service Department at: firstname.lastname@example.org.
Users can contact our Customer Service Department at: email@example.com to cancel or terminate their account at any time. Please note that we retain customer information on our private servers for up to and including six (6) months after termination. If at any time it is discovered that a user of our website has provided false or misleading information; has improperly accessed another user’s account; or has violated our Terms of Service, their account will be automatically terminated, with or without notice.
Note: Only one account is allowed per user. You understand that you may not: create an account for anyone without their permission; impersonate another individual; use someone’s login information without permission; or use a name that would be considered offensive, vulgar, or obscene. Our company reserves the right to refuse registration of any account. We also reserve the right to refuse service to any person. Users are responsible to make sure that these Terms comply with all local laws which apply to them.
ACCOUNTS AND REGISTRATION: PARTNERS
Our mission is to provide cloud-based software solutions to our Business partners to improve their daily business management. It is also our aim to help people connect with their wellness providers online in a fast and easy way via our marketplace online platform.
Although we do not conduct background checks on Business Partners, they will be required to provide verifiable contact information in order to protect our users and visitors. Some of the information we collect from Partners is: name, email, and phone number, which is verified. Any Partner that submits inaccurate or false information to omawake.com will have their account automatically terminated. In addition, a Partner that wishes to have their account cancelled may contact our Customer Service Department at: firstname.lastname@example.org. Please allow for up to (72) seventy-two hours for termination.
REFUNDS AND RETURNS
Customers who have a question regarding any bookings or purchases made through our website should contact the original omawake.com Partner through whom the purchase was made. If a customer has a billing question regarding purchases or bookings processed by our Payment Process, should contact omawake.com directly.
If at any time you need to contact us about: products or services located on our website; your account; or account security; you can email our Customer Service Department at: email@example.com.
Business Partners should contact Support through: firstname.lastname@example.org. All messages and requests are handled on a first-come and first-served basis and shall be answered in a prompt and professional manner.
LICENSE AND CONTENT DISCLAIMER
All information provided on our website is for educational and informational purposes only and is to be used for your own personal use. Website content is never to be construed as medical advice of any kind, nor does the content represent our company’s personal views. Any material or content you access, view, or display from our website is at your own risk, and you agree not to hold our company, owners, employees, staff, affiliates, or partners, liable for any content at any time.
“Content” includes and is not limited to: text; blogs; articles; audio; video; pictures; photos; illustrations; graphics; files; music; interactive features; code; programming; as well as any other recorded digital media.
License. We grant each user of our website a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, copy, and reproduce the content found on our website for their own personal, non-commercial use. Any other use is prohibited without our prior written consent.
Users understand that any content they access on our website is at their own risk and accept personal responsibility or liability for any damages or losses which may be incurred.
You understand that our company retains all original rights, title, and interest to our own content which is protected by copyright, trademark, service mark, patent laws. This agreement does not grant you any rights of ownership, and you agree not to infringe upon or violate our rights, copyrights, or intellectual property rights.
Partners. Business Partners are allowed to upload all of their own content on our website, in order to promote and market their products and services. Therefore, you understand and agree that any and all content must be royalty-free and not impinge on any third-party’s rights to copyright, trademark, or intellectual property. “Content” includes without restriction: text; files; blogs; pictures; photographs; video; illustrations; music; recorded media (digital files); code; programming; or interactive features. You also warrant that any and all content written, uploaded, and published to our website shall be provided in a professional and business-like manner. We reserve the right to review all uploaded content and remove any material that we believe is controversial, or does not fit with our mission statement.
INSURANCE AND PERMITS
Partners acknowledge and agree that prior to registering on our website, they must fulfil and comply with all local laws, rules, and regulations. This includes without limitation obtaining all required licenses and permits in order to offer their services and products to omawake.com customers and the general public.
It is also the Partners’ duty and responsibility to purchase and hold general or liability insurance as required by law.
Partners who do not have required licenses and permits risk having their account automatically terminated.
RULES AND CONDUCT
Users agree not to use our website, or services for any improper, illegal, unethical, or prohibited purpose. We have a zero tolerance policy against: harassment, bullying, discrimination, obscenities, pornography, bigotry and violence. Such activity is strictly prohibited. You understand that you must not use this website in any way that may cause damage to our website or impair its accessibility. This includes and is not limited to any behaviour which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose. This provision is strictly enforced, and any user who violates this provision will have their account automatically terminated.
Our website must not be used to copy, store, host, transmit, send, use, publish or distribute any code, material, or content which may contain or is linked to: spyware; malware; viruses; a Trojan horse; worm; or any other malicious computer software. You also understand that systematic or automated data collection activity, such as scraping, data mining, or any kind of data extraction is strictly prohibited.
You agree to defend, indemnify, and hold our company harmless, in addition to our company’s owners, employees, staff, affiliates, agents, and representatives from any and all losses, costs, actions, claims, damages, expenses (including but not limited to legal costs and fees), or liabilities, that arise from or relate to your use or misuse of, or access to our website, service, products, content, URL, links, or your violation of these Terms of Service. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with our company in asserting any available defences.
Our website and content are provided “as is” without representation, warranty, guarantee, or condition of any kind, either express or implied, including but not limited to the implied representations, warranties, or conditions of merchantability, or fitness for a particular purpose. We do not represent nor warrant that our website or its content will meet your needs, that its use will be uninterrupted, or error-free.
You agree to release our company; it’s owners; employees; staff; affiliates; partners; and agents; from any and all liability or claims as a result from your accessing or obtaining content through our website. We make no warranty or representation concerning any content contained in, or accessed through our website or services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed.
You understand and agree that we shall not be held liable for, or considered to be in breach of any provision of this agreement on account of any delay or failure to perform as a result of any causes or conditions that are beyond our reasonable control.
If any force majeure event occurs, we shall provide prompt notice which will be uploaded to our website. For purposes of this Agreement, “Force Majeure” includes and is not limited to: fire, earthquake, tornado, flood, cancellation of commercial air travel, vandalism, theft, or any other casualty or “act of God,” strike, lockout, war, riot or other civil disturbance. We will resume services as soon as it is practicable.
If the parties to this Agreement have a dispute at any time regarding these Terms of Service, including but not limited to: intellectual property, or billing questions; they agree to attempt to resolve the dispute in a professional and business-like manner.
If they are unable to resolve the dispute, the parties agree to Mediation which shall be processed and resolved by a third-party Mediator located in London, England, with the parties agreeing to share the cost and choice the Mediator. The prevailing party shall be entitled to reimbursement of any and all costs and fees, including but not limited to attorney’s fees. Absent Mediation, the exclusive venue and jurisdiction for any and all disputes shall be the Courts located in the U.K.
If any provision of this Agreement is deemed unenforceable, or invalid, the unenforceable or invalid provision shall be deemed modified to the least extent necessary to become legal and enforceable and no other provisions affected thereby.
These Terms may not be assigned, transferred, changed, nor modified, unless with our prior written consent.
This Agreement contains the entire understanding between the Parties with respect to the subject matter stated herein and supersedes any and all prior communications, either written or oral, regarding these Terms of Service.
Effective Date: 20.07.2018