Updated 23 April 2020

Wellement (“Wellement studio,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our websites, including, without limitation, wellement.com, wellement.com.au, constantinakay.com (the “Websites”).

We provide visitors to our Websites (“Visitors”) access to the Websites subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.

Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.

Disclaimer

Wellement is not liable to you or any other party for any loss or damage suffered directly or indirectly through your use of this website even where Wellement or its agents or employees are notified or advised of the possibility of such loss or damage. This includes, but is not limited to, liability for any direct, indirect, special or consequential damage or economic loss arising from or in connection with:

  1. access, use or inability to access or use this website
  2. reliance on the contents of this website
  3. any system, server or connection failure, error, omission, interruption, delay in transmission
  4. any interference with or damage to your computer or computer system, including from viruses and any other harmful software. You must take your own precautionary measures to protect your computer or computer system from harmful software such as viruses;
  5. any use of or access to any other website linked to this website.

This website has been prepared from sources and materials believed to be accurate at the time of publication. Wellement does not warrant that the information on this website is accurate, free from error or current. Wellement is under no obligation to you to update and maintain the currency of the information on this website, and is not liable for errors that occur because the information is not up to date.

In making these disclaimers and in your agreeing to be bound by them, Wellement does not purport to exclude any rights or terms implied by law that cannot be excluded, such as any rights arising under the Trade Practices Act and other comparable State and Territory legislation in Australia. All other conditions, warranties, rights, remedies and terms are excluded.

Wellement liability for breach of any terms, warranties, rights or conditions implied by law that cannot be excluded is limited to the following at the option of Wellement:

  1. In the case of services:
  2. the supply of the services again or
  3. the cost of having the services supplied again; and
  4. In the case of goods:
  5. replacing the goods
  6. supply of equivalent goods
  7. repair of such goods
  8. payment of the cost of replacing the goods or acquiring equivalent goods or
  9. the cost of having the goods repaired.
Collection of data

Wellement believes strongly in protecting the privacy of its customers. Personal contact information is not displayed in a listing or made available to website visitors or other customers.

Wellement collates, uses and retains information to identify and communicate with you, to provide products and services, and to answer inquiries.

Copyright

All material on this website is subject to copyright under the Copyright Act 1968 (Commonwealth of Australia) and through various international treaties and agreements under the laws of other countries. Unless expressly stated to the contrary, Wellement owns copyright in or is otherwise entitled or licensed to reproduce all the material on this website.

Other than for the purpose of the Copyright Act 1968 (Commonwealth of Australia), or as otherwise stated below, no material on this website may be altered, reproduced, stored in a retrieval system or transmitted without the prior written consent of Wellement.

A person may copy material on this website:

  • to store copies of the material on a computer for private and non-commercial viewing and/or
  • to print copies of the material for a non-commercial purpose, provided that the material is attributed to Wellement, retains all marks Wellement ownership and includes this notice.
Trademarks

Wellement is a registered business in New South Wales.

Material provided on the website is copyright protected. All trademarks reproduced on this website are owned by their respective owners and may be subject to certain rights both in Australia and overseas. Nothing on this website should be construed as granting by implication, estoppel or otherwise, any licence or right to use any trademark displayed on this website, without the written permission of Wellement or the relevant trademark owner.

Links

This website contains hyperlinks to other websites for the use and information of its users and their convenience. Wellement makes no warranty or representation as to the reliability or accuracy of the information contained on these linked websites.

Miscellaneous

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

 

Personal Advice

The Site Content cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. We encourage you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information found on the Sites. Your access and use of the Sites does not in any way create a physician/patient, confidential or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of its contributors. We do not endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Sites. Your reliance on any information provided on the Sites is solely at your own risk. We make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through the Sites. We are not liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.

No Medical Advice

Content on this and related sites in no way constitutes medical advice and is not intended to be a substitute for medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. We also advise you to consult with your medical doctor before changing your diet or lifestyle. Never disregard professional medical advice or delay seeking it as a result of your use of site content. We make no guarantees about your experience or results from your use of content and you release Wellement, its officers, employees, and consultants of any liability relating to your use.

Warranties

YOU USE THE SITES AT YOUR OWN RISK. THE SITES (AND ANY PORTION OF THE SITES) ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAWS, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through the Sites, the Site Content, or the content of any websites, any social media or other Internet resources linked to the Sites and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies contained on the Sites; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Sites (or any parts thereof); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Sites; (v) any bugs, viruses, Trojan horses, malware or the like which may be transmitted to or through the Sites (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the Site Content, the use of the Sites and/or through your or any other users’ exercise of any rights granted by us herein. We reserve the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Sites (including, without limitation any of the Services).

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, REVENUES, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).

Indemnification

You agree to indemnify and hold harmless us and our officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) connected to (i) any of your User Content, (ii) your exercise of any of your rights granted herein, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms of Use, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any Applicable Laws and/or these Terms of Use by you and/or anyone using your registered account to access and/or otherwise use the Sites (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Sites through your registered account. We reserve the right to assume the exclusive defence of any matter subject to indemnification by you, and you shall agree to cooperate with us in asserting any available defences.

Jurisdiction

We control and operate the Sites from our offices in Australia. We do not represent that materials on the Sites are appropriate or available for use in other locations. People who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Arbitration

These Terms of Use will be governed by, and construed in accordance with the laws of New South Wales.

Waiver of Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, YOU HEREBY WAIVE THE RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS RELATING TO THESE TERMS OF USE, AND THE BREACH THEREOF WHETHER IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT.

 

Severability; Waiver; Modification

If any provision of these Terms of Use is found unlawful, void or for any reason unenforceable, then said provision shall be severed from the remaining Terms of Use and shall not affect the validity or enforceability of the remaining provisions. Failures to timely exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and us relating to the subject matter contained herein.

Injunction Relief

You hereby irrevocably waive any right to seek and/or obtain injunctive or other equitable relief or any order against us, and/or to enjoin or restrain or otherwise impair in the production, distribution, exhibition or other exploitation of any of our productions or projects.

Questions

If you have any questions regarding these Terms of Use, you may contact us at info@wellement.com.