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Terms of Service

Registration

When placing a pre-order, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. The Company shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your Product being shipped by logging into your account or by sending an e-mail to support@mywellware.com.

Payment

By processing a pre-order, you will be charged the full price of the product(s) at the time of placing the Pre-Order. If Wellware is unable to commence shipping the products within six months of your placing the pre-order, Wellware will process a full refund to you. Your placing of a pre-­order constitutes your express agreement to Wellware of charging the full Price of the Products.

Delivery Schedule

Although we will make efforts to begin delivering products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery is only an estimate, is subject to change, and Wellware does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Wellware is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in the CANCELLATION section below.

For customers who expect immediate delivery of pre-order items and cannot conform with the pre-order timeline, we highly recommend NOT TO PLACE ORDER to avoid frustration and misunderstanding in the future. We would greatly appreciate your kind understanding and consideration in the timeline arrival & delivery.

Cancellation

You or Wellware may cancel this reservation by terminating the pre-order at any time for any or no reason prior to our notice to you that your product is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If you or Wellware cancels your reservation you will receive a full refund of the purchase price without interest (and you will not pay any processing fee).

Limitation of liability

UNDER NO CIRCUMSTANCES WILL WELLWARE BE HELD LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT. IN THE EVENT WELLWARE IS HELD LIABLE FOR ANY DAMAGES ARISING OUT OR RELATED TO THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE THE FULL REFUND OF YOUR PURCHASE PRICE WITHOUT INTEREST.

Disclaimer

WELLWARE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SAMPLE PRODUCT DISPLAYED BY WELLWARE WHETHER BEFORE OR AFTER YOU HAVE PLACED THE PRE-ORDER. YOU UNDERSTAND AND AGREE THAT THE PRODUCT, ITS DESIGN AND TECHNICAL FEATURES ARE CURRENTLY UNDER DEVELOPMENT AND THAT THE PRODUCT THAT MAY BE AVAILABLE FOR PURCHASE BY YOU MAY BE MATERIALLY DIFFERENTLY FROM THE PROTOTYPE PRODUCT. IF FOR ANY REASON YOU ARE UNHAPPY WITH THE FINAL VERSION OF THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO CANCEL YOUR PRE-ORDER AS DESCRIBED IN THE CANCELLATION SECTION ABOVE.

Changes to the terms

Wellware reserves the right to change any of the terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in the CANCELLATION section above.

Miscellaneous Provisions

These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of New Jersey. The venue for any actions relating to the subject matter or enforcement of this Agreement shall be in Newark, the place were this Agreement was entered and is to be performed. You may not assign this Agreement or any of the rights granted to you hereunder.

Questions about the Terms of Service should be sent to us at support@mywellware.com.

Terms of service

These Pre-Order Terms and Conditions govern the placing of pre-orders (“Pre-Order”) with Wellware, (“Wellware”). Please read these Terms carefully before submitting your Pre-Order of any Wellware products. By submitting your Pre-Order, you agree to be legally bound by these terms.