Welltravel Terms of Service

Date of Last Revision: January 1st, 2018

This page outlines the Terms of Service under which we provide the use of Welltravel service (hereinafter, the “Service”). By using the Service, you are indicating your acceptance to be bound by these Terms of Service. If you are unwilling to be bound these Terms of Service, please do not use Welltravel’ service. By entering into these Terms of Service, you further acknowledge your understanding and acceptance of our Privacy Policy. Please note that these Terms of Service are subject to change. Welltravel, in its sole discretion, may revise the Terms of Service at any time by updating this page. You should visit this page periodically to review the Terms of Service, as it is binding upon you.

Account Terms

  • You must be 18 years or older to use this Service.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like.
  • You are responsible for maintaining the security of your account and password. Welltravel cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have sub-accounts under your account).
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree that if you engage in illegal or unauthorized use of the Service, you will be solely responsible for your illegal or unauthorized use, and will indemnify Welltravel from any claims arising out of your illegal or unauthorized use.

PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS

  • A valid credit card is required for any account.
  • If you initially sign up for an account and do not cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
  • An upgrade from the free trial plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
  • The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months of the Service. In order to treat everyone equally, no exceptions will be made.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Swiss (federal or state) taxes.
  • For any upgrade or downgrade in plan level, the credit card you provided will automatically be charged the new rate on your next billing cycle.
  • Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Welltravel does not accept any liability for such loss.

Cancellation and Termination

  • You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the billing link upon login. The Account screen provides a simple no questions asked cancellation link.
  • All of your Content will be immediately deactivated from the Service upon cancellation.
  • If you cancel the Service before the end of the month that you currently paid for, your cancellation will take effect immediately and you will not be charged again.
  • Welltravel, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Welltravel service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Welltravel reserves the right to refuse service to anyone, for any reason, at any time.
  • Modifications to the 
Service and Prices
    • Welltravel reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice.
    • Prices for all Services, including but not limited to monthly subscription fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Welltravel website (  welltravel.com ) or the Service itself.
    • Welltravel shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

    Security Rules

    • Users are prohibited from violating or attempting to violate the security of the Service, including, without limitation: accessing data not intended for such user or logging into a server or account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with any user’s service, host or network, including, without limitation, via means of submitting a virus, overloading, "flooding", "mail bombing" or "crashing"; sending unsolicited e-mail, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
    • Use of any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service, or taking any action which imposes an unreasonable or disproportionately large load on the Service’s infrastructure, is expressly prohibited.
    • Violations of these Security Rules may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

    Intellectual property rights and content ownership

    • The Service’s designs, graphics and logos, and certain other names or logos are copyrights, service marks, or trademarks of Welltravel. In addition, the "look" and "feel" of the Service (including color combinations, button shapes, layout, design and all other graphical elements) are also protected trademarks, service marks and copyrights. All other product and service marks are the trademarks of their respective owners.
    • We claim no intellectual property rights over the material you provide to the Service. Your profile and the materials you upload remain yours. However, in sharing your Content, you agree to allow others to view and share your Content.
    • Welltravel does not pre-screen Content, but Welltravel has the right (but not the obligation), in its sole discretion, to refuse or remove any Content that is available via the Service.
    • You agree to be bound by third party licenses of software or content that is available or part of the Site and to abide by the terms of use of any such third party software or content.

    General Conditions

    • Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
    • Technical support is only provided to paying account holders and is only available via support center on welltravel.com (we try to respond within 24/48 hours).
    • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Welltravel, or any other Welltravel service.
    • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Welltravel.
    • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.
    • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Welltravel customer, employee, member, or officer will result in immediate account termination.
    • You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    • You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
    • You must not transmit any worms or viruses or any code of a destructive nature.
    • Welltravel does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
    • You expressly understand and agree that Welltravel shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Welltravel has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
    • The failure of Welltravel to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Welltravel and governs your use of the Service, superseding any prior agreements between you and Welltravel (including, but not limited to, any prior versions of the Terms of Service).
    • Partial Validity: If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term.
    • Arbitration: You agree that any dispute related to these Terms of Service, your use of the Services, or any dispute related to your relationship to Welltravel or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, parents, shall be submitted to binding arbitration under Swiss Law.
    • Equitable Relief: You understand and agree that due to the nature of these Terms of Service, in addition to money damages, we will be entitled to equitable relief upon a breach of the Terms of Service by you.
    • Governing Law: These Terms of Service are governed by the laws of the State of Switzerland without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Service shall be exclusively brought by arbitration in Zurich 8001, Switzerland.
    • Entire Agreement: Except as expressly provided in other notices or Content published on the Welltravel Website, these terms constitute Welltravel the entire binding Terms of Service, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Welltravel Services.
    • Digital Admissibility: You hereby agree that a printed version of these Terms of Service shall be admissible in judicial or administrative proceedings and is subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.
    • Transferability: The Services and its users can at any time be transferred to any other company (e.g. from Welltravel International LTD to Welltravel South Africa LTD)
    • Cost occurred at third parties: Welltravel reserves the right to forward all costing to the client that has occurred at third parties (e.g. Transaction charges caused by the client at a Reservation System that are billed towards Welltravel). These charges will be in particular forwarded and billed towards the client when they can be directly attributed to a specific Account/PCC of the client.
By using the Service you agree to defend, indemnify and hold harmless us from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms and Conditions, or your use of the Site and Service for unauthorized or illegal purposes. DISCLAIMERS AND Warranties The information contained in Welltravel website and Service is offered as-is and without warranty of any kind. Welltravel make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to or from its Service, this website, and its associated sites.

Nothing in the website or Service shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regards to their web site, products, technologies, services, business practices or otherwise.

WELLTRAVEL DOES NOT WARRANT THAT THIS SITE OR SERVICE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WELLTRAVEL IS NOT RESPONSIBLE FOR THOSE COSTS. WELLTRAVEL DOES NOT ACCEPT ANY RESPONSIBILY OR ACCOUNTABILITY IN ANY FORM FOR ANY LOST OR NOT OCCURRED BUSINESS OR ANY LOSS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF WELLTRAVEL SITE, SERVICE, AND THE INTERNET IN GENERAL. THE SITE AND SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WELLTRAVEL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WELLTRAVEL MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.

Questions

Questions about these Terms of Service should be addressed to legal@welltravel.com or by mail at:

Welltravel International Limited Schaffhauserstrasse 4 8400 Winterthur Switzerland