Thank you for choosing Remote Team Wellness for your company’s corporate wellness program and welcome to the services operated by Remote Team Wellness LLC (“we”, “us” or “Remote Team Wellness”) via our website, (the “Site“) or any other website, device or platform, along with the sessions available via the Remote Team Wellness Teachers and any other services that we may provide in relation to the services, such as customer support, social media, community channels and other websites that we may operate from time to time (together, the “Services“).
By accepting these terms and conditions (including the linked information herein), and by using the “Site“, you represent that you agree to comply with these terms and conditions with Remote Team Wellness LLC (“we”, “us” or “Remote Team Wellness”) in relation to your use of the “Site“ (the “User Agreement”). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, book a meeting with the “Site“ or engage our company further.
These Terms and Conditions (these “Terms“) apply to the Virtual Services that we offer as a company. The Terms apply whether your company engages in virtual events with us or an unregistered user or visitor to the Site. You agree that by subscribing or otherwise registering, purchasing, accessing, or using our Services, you are entering into a legally binding agreement between you and us regarding your use of the Services.
- These Terms were last updated on March 1, 2022.
- The Services are operated by Remote Team Wellness LLC (“us“, “we“, “our” or “Remote Team Wellness“). Further information about Remote Team Wellness, including how to contact us, is set out in section 13, below.
- You and all members of your organization are 18 years of age or over the age of 18 years. Minors may only use the service under the supervision of an adult.
- If you are a corporate representative, you have the authority to engage Remote Team Wellness with adequate approval within your organization.
- You will inform Remote Team Wellness of any postings, items or transactions which appear to be in violation of this User Agreement;
- You shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the “Site”;
- Information you provide on the “Site” in respect of items you wish to sell shall be as accurate as reasonably possible;
- You will not use the contact information provided to you during the course of a transaction on the “Site” to solicit additional sales offline or on another website;
- You will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information;
- You will not disclose or publicize any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws
- We reserve the right, from time to time, with or without notice, to change these Terms at our sole discretion, and the latest version will appear on the “Site“ with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms.
The Remote Team Wellness Services
- Remote Team Wellness and any wellness lesson content viewed through the services are for your personal and non-commercial use only and may not be shared with individuals beyond your organization. During your Remote Team Wellness membership, we grant you a limited, non-exclusive, non-transferable right to access the Remote Team Wellness service and view live and pre-recorded content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to share or distribute private access that is granted to you for the live-taught Remote Team Wellness sessions with anyone outside of your company/organization.
- Remote Team Wellness, including our teacher roster, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features, and availability of Remote Team Wellness content.
- Without limiting any rights or remedies available to Remote Team Wellness under this User Agreement or at law, Remote Team Wellness may suspend, limit or withdraw your access to the Site and/or your membership of the Site if you are found to have engaged in false or fraudulent activity in connection with the use of the Site or Services.
- In order to use the Remote Team Wellness services, your company/organization must subscribe and register for a subscription package with Remote Team Wellness before engaging in any live-taught wellness corporate activity.
- All corporate wellness subscription packages are purchased by a company (“Company”, “Companies”) that intends of to offer the sessions as part of their employee wellness benefits or customer benefits programs.
- All users of Remote Team Wellness attend weekly classes, work with vetted wellness professionals and receive content from world-leading facilitators only after their company has subscribed to our services.
- Your company’s membership affords you exclusive access to live sessions hosted by Remote Team Wellness facilitators and depending on your packages, and potentially also on-demand videos for the duration of your subscription;
- We grant you a limited, non-exclusive, non-transferable, revocable license to make use of our Services and a limited, non-exclusive, non-transferable, revocable license to make personal, non-commercial use of the Materials. We reserve all rights not expressly granted in these Terms.
- You agree that when your company subscribes with Remote Team Wellness that our facilitators and planned events may change based on unforeseeable events.
- You agree to communicate Remote Team Wellness’ upcoming virtual wellness services and events to your team on behalf of the company.
- Your subscription to Remote Team Wellness events and virtual wellness services may be suspended, restricted or terminated, and your access to our Services if we believe that you have breached these Terms.
RIGHTS WE GRANT YOU
- Please report problems of any kind or violations of this User Agreement to Remote Team Wellness. If you believe that your intellectual property rights have been violated, please notify Remote Team Wellness. Without prejudice to any other rights and remedies of Remote Team Wellness under this User Agreement or at law, Remote Team Wellness may limit, suspend or withdraw a user’s access to the Site and/or a user’s membership of the Site or remove hosted content. Also Remote Team Wellness can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
- The Services and other material on the Services is owned and operated by us. Unless otherwise indicated, all content, information and other materials on our Service, including our trademarks and logos, the visual interfaces, graphics, design, information, software, computer code, services, text, images, sound files and any other files, and the selection and arrangement thereof (collectively, the “Materials“) are protected by relevant intellectual property rights and laws. All Materials contained on our Services are the property of Remote Team Wellness and/or third party licensors. Please refer to our section on Copyright Infringement and Content Takedown.
- You agree not to remove, obscure or alter any of the Materials appearing on our Services. You may not sell, license, distribute, copy, modify or otherwise make any derivative use of, publicly perform or display, transmit, publish, edit or adapt the Materials.
- If we find that you have made unauthorised use of the Materials found on this Services we may terminate this licence and account at any time (and without notice).
YOUR USE OF OUR SERVICES
- You agree that you will comply with any applicable terms of agreement when using the Services.
- You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
- You warrant that all the information you provide to us on accessing and/or using our Services is and shall remain true, correct and accurate at all times. You understand and agree that all content that you may upload, communicate or otherwise make available via our Services is your sole responsibility.
- Remote Team Wellness is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a user or provider will complete a transaction. You will not hold Remote Team Wellness responsible for other users’ content, actions, or inactions, or items or Information they list or post. In particular:
- Remote Team Wellness is not responsible for the unsatisfactory or delayed performance, losses, damages or delays as a result of services which are unavailable.
- Remote Team Wellness is not required to mediate or resolve any dispute or disagreement between users.
- Remote Team Wellness has no control over and does not guarantee the quality, safety or legality of services advertised, the truth or accuracy of users’ content or listings, the ability of providers to sell services, or the ability of users to pay for services.
- Remote Team Wellness does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the services proposed to be sold or purchased on the Site. In particular, Remote Team Wellness does not implicitly or explicitly support or endorse the sale or purchase of any services on the Site, nor is Remote Team Wellness a supplier of any services sold by providers or purchased by users.
- Remote Team Wellness does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.
- Users shall independently agree upon the manner and terms and conditions of service fulfillment as between each other and Remote Team Wellness holds no responsibility in respect of such arrangements.
- Remote Team Wellness accepts no liability for any errors or omissions, whether on behalf of itself or third parties, furthermore we do not accept any responsibility to the health and wellness of your organization or team members before, during or after our virtual wellness events.
- Remote Team Wellness excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
- You agree that your entire team will not:
- Post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
- Post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another’s culture or make any other derogatory or inappropriate comments;
- Violate any laws, rules, regulations, guidelines, third party rights or our policies while using our services.
- We may suspend, restrict or terminate your account and your access to our Services with or without notice if we believe that you have breached these Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
LIMITATION OF LIABILITY
- Nothing in these Terms limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services or any content on it, whether express or implied.
- We will not be liable to you for any lack of performance, or the unavailability or failure of any of our Services, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
- Any liability we do have for losses you suffer (other than those mentioned in Sections 7.1 and 7.5) is strictly limited to the purchase price of the relevant subscription and the losses that were foreseeable, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is only foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms.
- Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those statutory warranties which may not be excluded or limited under applicable law.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content from it, or on any website linked to it.
- We will not be liable for any damage that may be caused to any device on which you access or use our Services that is caused in any way by our Services, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the Services.
- We assume no responsibility for the content of websites linked on our Site or on our Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. If you are unsure what these charges will be, you should ask your mobile operator or internet service provider before you access and/or use our Services.
- There may be times when our Services or any part of it is not available for maintenance or technical-related reasons, whether on a scheduled or unscheduled basis.
- We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Remote Team Wellness Premium Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the Remote Team Wellness Free Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Remote Team Wellness Premium Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Remote Team Wellness Premium Services or any part of them which are paid-for with real money in our sole discretion upon reasonable
- To the extent permitted by law, Remote Team Wellness, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Remote Team Wellness has been advised of the possibility of such losses or damages).
- If you are dissatisfied with Remote Team Wellness or any content or services we offer, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Remote Team Wellness and Remote Team Wellness shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.
- You agree to indemnify and hold Remote Team Wellness and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
You release and indemnify Remote Team Wellness and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.
- If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) (“Dispute”) arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
- In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Dubai International Financial Centre – London Court of International Arbitration (“LCIA”), which rules (“Rules”) are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the LCIA court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the LCIA Court), the sole arbitrator shall be appointed by the LCIA Court. The seat or legal place of the arbitration shall be Dubai International Financial Centre in Dubai, UAE. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of Remote Team Wellness to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Remote Team Wellness shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.
OTHER IMPORTANT TERMS
- You hereby grant Remote Team Wellness the right to, and irrevocably acknowledge and agree that Remote Team Wellness may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Remote Team Wellness agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of Remote Team Wellness, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Remote Team Wellness.
- No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
CHANGES AND AMENDMENTS
- We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes. Policy was created with Website Policies.
- If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Remote Team Wellness with respect to the subject matter hereof.
ACCEPTANCE OF THESE TERMS
- You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
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